00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(JUD) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to immunity from prosecution for the crime of prostitution; relating to 03 probation; relating to sentencing; establishing a pretrial services program with pretrial 04 services officers in the Department of Corrections; relating to permanent fund 05 dividends; relating to electronic monitoring; relating to penalties for violations of 06 municipal ordinances; relating to parole; relating to correctional restitution centers; 07 relating to community work service; relating to revocation, termination, suspension, 08 cancellation, or restoration of a driver's license; relating to the Alaska Criminal Justice 09 Commission; relating to the disqualification of persons convicted of specified drug 10 offenses from participation in the food stamp and temporary assistance programs and 11 other public assistance programs; relating to the duties of the commissioner of 12 corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of Criminal 01 Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal Procedure; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 11.41.110(a) is amended to read: 05 (a) A person commits the crime of murder in the second degree if 06 (1) with intent to cause serious physical injury to another person or 07 knowing that the conduct is substantially certain to cause death or serious physical 08 injury to another person, the person causes the death of any person; 09 (2) the person knowingly engages in conduct that results in the death 10 of another person under circumstances manifesting an extreme indifference to the 11 value of human life; 12 (3) under circumstances not amounting to murder in the first degree 13 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 14 person commits or attempts to commit arson in the first degree, kidnapping, sexual 15 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 16 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 17 degree, escape in the first or second degree, robbery in any degree, or misconduct 18 involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -  19 (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course 20 of or in furtherance of that crime or in immediate flight from that crime, any person 21 causes the death of a person other than one of the participants; 22 (4) acting with a criminal street gang, the person commits or attempts 23 to commit a crime that is a felony and, in the course of or in furtherance of that crime 24 or in immediate flight from that crime, any person causes the death of a person other 25 than one of the participants; or 26 (5) the person with criminal negligence causes the death of a child 27 under the age of 16, and the person has been previously convicted of a crime involving 28 a child under the age of 16 that was 29 (A) a felony violation of AS 11.41; 30 (B) in violation of a law or ordinance in another jurisdiction 01 with elements similar to a felony under AS 11.41; or 02 (C) an attempt, a solicitation, or a conspiracy to commit a 03 crime listed in (A) or (B) of this paragraph. 04  * Sec. 2. AS 11.41.150(a) is amended to read: 05 (a) A person commits the crime of murder of an unborn child if the person 06 (1) with intent to cause the death of an unborn child or of another 07 person, causes the death of an unborn child; 08 (2) with intent to cause serious physical injury to an unborn child or to 09 another person or knowing that the conduct is substantially certain to cause death or 10 serious physical injury to an unborn child or to another person, causes the death of an 11 unborn child; 12 (3) while acting alone or with one or more persons, commits or 13 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 14 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 15 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 16 first or second degree, robbery in any degree, or misconduct involving a controlled 17 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 18 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in 19 furtherance of that crime or in immediate flight from that crime, any person causes the 20 death of an unborn child; 21 (4) knowingly engages in conduct that results in the death of an unborn 22 child under circumstances manifesting an extreme indifference to the value of human 23 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 24 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 25 does not constitute conduct manifesting an extreme indifference to the value of human 26 life. 27  * Sec. 3. AS 11.46.130(a) is amended to read: 28 (a) A person commits the crime of theft in the second degree if the person 29 commits theft as defined in AS 11.46.100 and 30 (1) the value of the property or services is $2,000 [$750] or more but 31 less than $25,000; 01 (2) the property is a firearm or explosive; 02 (3) the property is taken from the person of another; 03 (4) the property is taken from a vessel and is vessel safety or survival 04 equipment; 05 (5) the property is taken from an aircraft and the property is aircraft 06 safety or survival equipment; 07 (6) the value of the property is $250 or more but less than $2,000 08 [$750] and, within the preceding five years, the person has been convicted and 09 sentenced on two or more separate occasions in this or another jurisdiction of 10 (A) an offense under AS 11.46.120, or an offense under 11 another law or ordinance with similar elements; 12 (B) a crime set out in this subsection or an offense under 13 another law or ordinance with similar elements; 14 (C) an offense under AS 11.46.140(a)(1), or an offense under 15 another law or ordinance with similar elements; or 16 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 17 offense under another law or ordinance with similar elements; or 18 (7) the property is an access device. 19  * Sec. 4. AS 11.46.140(a) is amended to read: 20 (a) A person commits the crime of theft in the third degree if the person 21 commits theft as defined in AS 11.46.100 and 22 (1) the value of the property or services is $250 or more but less than 23 $2,000 [$750]; or 24 (2) [REPEALED] 25 (3) the value of the property is less than $250 and, within the past five 26 years, the person has been convicted and sentenced on two or more separate occasions 27 in this or another jurisdiction of theft or concealment of merchandise, or an offense 28 under another law or ordinance with similar elements. 29  * Sec. 5. AS 11.46.220(c) is amended to read: 30 (c) Concealment of merchandise is 31 (1) a class C felony if 01 (A) the merchandise is a firearm; 02 (B) the value of the merchandise is $2,000 [$750] or more; or 03 (C) the value of the merchandise is $250 or more but less than 04 $2,000 [$750] and, within the preceding five years, the person has been 05 convicted and sentenced on two or more separate occasions in this or another 06 jurisdiction of 07 (i) the offense of concealment of merchandise under 08 this paragraph or (2)(A) of this subsection, or an offense under another 09 law or ordinance with similar elements; or 10 (ii) an offense under AS 11.46.120, 11.46.130, or 11 11.46.140(a)(1), or an offense under another law or ordinance with 12 similar elements; 13 (2) a class A misdemeanor if 14 (A) the value of the merchandise is $250 or more but less than 15 $2,000 [$750]; or 16 (B) the value of the merchandise is less than $250 and, within 17 the preceding five years, the person has been convicted and sentenced on two 18 or more separate occasions of the offense of concealment of merchandise or 19 theft in any degree, or an offense under another law or ordinance with similar 20 elements; 21 (3) a class B misdemeanor if the value of the merchandise is less than 22 $250. 23  * Sec. 6. AS 11.46.260(b) is amended to read: 24 (b) Removal of identification marks is 25 (1) a class C felony if the value of the property on which the serial 26 number or identification mark appeared is $2,000 [$750] or more; 27 (2) a class A misdemeanor if the value of the property on which the 28 serial number or identification mark appeared is $250 or more but less than $2,000 29 [$750]; 30 (3) a class B misdemeanor if the value of the property on which the 31 serial number or identification mark appeared is less than $250. 01  * Sec. 7. AS 11.46.270(b) is amended to read: 02 (b) Unlawful possession is 03 (1) a class C felony if the value of the property on which the serial 04 number or identification mark appeared is $2,000 [$750] or more; 05 (2) a class A misdemeanor if the value of the property on which the 06 serial number or identification mark appeared is $250 or more but less than $2,000 07 [$750]; 08 (3) a class B misdemeanor if the value of the property on which the 09 serial number or identification mark appeared is less than $250. 10  * Sec. 8. AS 11.46.280(d) is amended to read: 11 (d) Issuing a bad check is 12 (1) a class B felony if the face amount of the check is $25,000 or more; 13 (2) a class C felony if the face amount of the check is $2,000 [$750] or 14 more but less than $25,000; 15 (3) a class A misdemeanor if the face amount of the check is $250 or 16 more but less than $2,000 [$750]; 17 (4) a class B misdemeanor if the face amount of the check is less than 18 $250. 19  * Sec. 9. AS 11.46.285(b) is amended to read: 20 (b) Fraudulent use of an access device is 21 (1) a class B felony if the value of the property or services obtained is 22 $25,000 or more; 23 (2) a class C felony if the value of the property or services obtained is 24 $50 [$750] or more but less than $25,000; 25 (3) a class A misdemeanor if the value of the property or services 26 obtained is less than $50 [$750]. 27  * Sec. 10. AS 11.46.295 is amended to read: 28 Sec. 11.46.295. Prior convictions. For purposes of considering prior 29 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR 30 11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under 31 AS 11.46.220(c), 01 (1) a conviction for an offense under another law or ordinance with 02 similar elements is a conviction of an offense having elements similar to those of an 03 offense defined as such under Alaska law at the time the offense was committed; 04 (2) a conviction for an offense under Alaska law where the value of the 05 property or services for the offense was lower than the value of property or services 06 for the offense under current Alaska law is a prior conviction for that offense; and 07 (3) the court shall consider the date of a prior conviction as occurring 08 on the date that sentence is imposed for the prior offense. 09  * Sec. 11. AS 11.46.460 is amended to read: 10 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 11 the offense [CRIME] of disregard of a highway obstruction if, without the right to do 12 so or a reasonable ground to believe the person has the right, the person 13 (1) drives a vehicle through, over, or around an obstruction erected on 14 [UPON] a highway under authority of AS 19.10.100; or 15 (2) opens an obstruction erected on [UPON] a highway under authority 16 of AS 19.10.100. 17 (b) Violation of this section is a violation punishable by a fine of not more  18 than $1,000 [CLASS B MISDEMEANOR]. 19  * Sec. 12. AS 11.46.482(a) is amended to read: 20 (a) A person commits the crime of criminal mischief in the third degree if, 21 having no right to do so or any reasonable ground to believe the person has such a 22 right, 23 (1) with intent to damage property of another, the person damages 24 property of another in an amount of $2,000 [$750] or more; 25 (2) the person recklessly creates a risk of damage in an amount 26 exceeding $100,000 to property of another by the use of widely dangerous means; or 27 (3) the person knowingly 28 (A) defaces, damages, or desecrates a cemetery or the contents 29 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 30 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 31 memorial appears to be abandoned, lost, or neglected; 01 (B) removes human remains or associated burial artifacts from 02 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 03 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 04  * Sec. 13. AS 11.46.484(a) is amended to read: 05 (a) A person commits the crime of criminal mischief in the fourth degree if, 06 having no right to do so or any reasonable ground to believe the person has such a 07 right 08 (1) with intent to damage property of another, the person damages 09 property of another in an amount of $250 or more but less than $2,000 [$750]; 10 (2) the person tampers with a fire protection device in a building that is 11 a public place; 12 (3) the person knowingly accesses a computer, computer system, 13 computer program, computer network, or part of a computer system or network; 14 (4) the person uses a device to descramble an electronic signal that has 15 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 16 device is used only to descramble signals received directly from a satellite or unless 17 the person owned the device before September 18, 1984; or 18 (5) the person knowingly removes, relocates, defaces, alters, obscures, 19 shoots at, destroys, or otherwise tampers with an official traffic control device or 20 damages the work on [UPON] a highway under construction. 21  * Sec. 14. AS 11.46.530(b) is amended to read: 22 (b) Criminal simulation is 23 (1) a class C felony if the value of what the object purports to represent 24 is $2,000 [$750] or more; 25 (2) a class A misdemeanor if the value of what the object purports to 26 represent is $250 or more but less than $2,000 [$750]; 27 (3) a class B misdemeanor if the value of what the object purports to 28 represent is less than $250. 29  * Sec. 15. AS 11.46.620(d) is amended to read: 30 (d) Misapplication of property is 31 (1) a class C felony if the value of the property misapplied is $2,000 01 [$750] or more; 02 (2) a class A misdemeanor if the value of the property misapplied is 03 less than $2,000 [$750]. 04  * Sec. 16. AS 11.46.730(c) is amended to read: 05 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 06 judgment creditor, or creditor incurs a pecuniary loss of $2,000 [$750] or more as a 07 result of [TO] the defendant's conduct, in which case defrauding secured creditors is 08 (1) a class B felony if the loss is $25,000 or more; 09 (2) a class C felony if the loss is $2,000 [$750] or more but less than 10 $25,000. 11  * Sec. 17. AS 11.56.730 is amended by adding a new subsection to read: 12 (d) In a prosecution for failure to appear under (a) of this section, it is not a 13 defense that the defendant did not receive a reminder notification from a court or 14 judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure. 15  * Sec. 18. AS 11.56.757(a) is amended to read: 16 (a) A person commits the offense [CRIME] of violation of condition of 17 release if the person 18 (1) has been charged with a crime or convicted of a crime; 19 (2) has been released under AS 12.30; and 20 (3) violates a condition of release imposed by a judicial officer under 21 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 22  * Sec. 19. AS 11.56.757(b) is amended to read: 23 (b) Violation of condition of release is a violation punishable by a fine of up  24 to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED 25 FROM A CHARGE OR CONVICTION OF A FELONY; 26 (2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED 27 FROM A CHARGE OR CONVICTION OF A MISDEMEANOR]. 28  * Sec. 20. AS 11.56.759(a) is amended to read: 29 (a) A person commits the crime of violation by sex offender of condition of 30 probation if the person 31 (1) is on probation for conviction of a sex offense; 01 (2) has served the entire term of incarceration imposed for conviction 02 of the sex offense; and 03 (3) violates a condition of probation imposed under 04 AS 12.55.100(a)(2)(E), (a)(2)(F) [AS 12.55.100(a)(5), (a)(6)], or (e), 12.55.101(a)(1), 05 or any other condition imposed by the court that the court finds to be specifically 06 related to the defendant's offense. 07  * Sec. 21. AS 11.61.110(c) is amended to read: 08 (c) Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS 09 AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT, 10 IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10 11 DAYS]. 12  * Sec. 22. AS 11.61.145(d) is amended to read: 13 (d) Promoting an exhibition of fighting animals 14 (1) under (a)(1) or (2) of this section is a class C felony; 15 (2) under (a)(3) of this section is 16 (A) a violation 17 (i) for the first offense;  18 (ii) punishable by a fine of not more than $1,000 [, A 19 CLASS B MISDEMEANOR] for the second offense; [,] and 20 (B) a class A misdemeanor for the third and each subsequent 21 offense. 22  * Sec. 23. AS 11.61.150(a) is amended to read: 23 (a) A person commits the offense [CRIME] of obstruction of highways if the 24 person knowingly 25 (1) places, drops, or permits to drop on a highway any substance that 26 creates a substantial risk of physical injury to others using the highway; or 27 (2) renders a highway impassable or passable only with unreasonable 28 inconvenience or hazard. 29  * Sec. 24. AS 11.61.150(c) is amended to read: 30 (c) Obstruction of highways is a violation punishable by a fine of not more  31 than $1,000 [CLASS B MISDEMEANOR]. 01  * Sec. 25. AS 11.66.100 is amended by adding a new subsection to read: 02 (e) A person may not be prosecuted under (a)(1) of this section if the 03 (1) person witnessed or was a victim of, and reported to law 04 enforcement in good faith, one or more of the following crimes: 05 (A) murder in the first degree under AS 11.41.100; 06 (B) murder in the second degree under AS 11.41.110; 07 (C) manslaughter under AS 11.41.120; 08 (D) criminally negligent homicide under AS 11.41.130; 09 (E) assault in the first degree under AS 11.41.200; 10 (F) assault in the second degree under AS 11.41.210; 11 (G) assault in the third degree under AS 11.41.220; 12 (H) assault in the fourth degree under AS 11.41.230; 13 (I) sexual assault in the first degree under AS 11.41.410; 14 (J) sexual assault in the second degree under AS 11.41.420; 15 (K) sexual assault in the third degree under AS 11.41.425; 16 (L) sexual assault in the fourth degree under AS 11.41.427; 17 (M) sex trafficking in the first degree under AS 11.66.110; 18 (N) sex trafficking in the second degree under AS 11.66.120; 19 (O) sex trafficking in the third degree under AS 11.66.130; or 20 (P) sex trafficking in the fourth degree under AS 11.66.135; 21 (2) evidence supporting the prosecution under (a)(1) of this section 22 was obtained or discovered as a result of the person reporting the crime to law 23 enforcement; and 24 (3) person cooperated with law enforcement personnel. 25  * Sec. 26. AS 11.66.200(c) is amended to read: 26 (c) Gambling is a violation 27 (1) for the first offense; 28 (2) punishable by a fine of not more than $1,000 [. GAMBLING IS 29 A CLASS B MISDEMEANOR] for the second and each subsequent offense. 30  * Sec. 27. AS 11.71.030(a) is amended to read: 31 (a) Except as authorized in AS 17.30, a person commits the crime of 01 misconduct involving a controlled substance in the second [THIRD] degree if the 02 person 03 (1) under circumstances not proscribed under (4) - (8) of this  04 subsection [AS 11.71.020(a)(2) - (6)], manufactures or delivers 2.5 grams or more 05 [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance or possesses 2.5  06 grams or more [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance 07 with intent to manufacture or deliver; 08 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 09 substance to a person under 19 years of age who is at least three years younger than 10 the person delivering the substance; [OR] 11 (3) possesses any amount of a schedule IA or IIA controlled substance 12 (A) with reckless disregard that the possession occurs 13 (i) on or within 500 feet of school grounds; or 14 (ii) at or within 500 feet of a recreation or youth center; 15 or 16 (B) on a school bus;  17 (4) manufactures any material, compound, mixture, or  18 preparation that contains  19 (A) methamphetamine, or its salts, isomers, or salts of  20 isomers; or  21 (B) an immediate precursor of methamphetamine, or its  22 salts, isomers, or salts of isomers;  23 (5) possesses an immediate precursor of methamphetamine, or the  24 salts, isomers, or salts of isomers of the immediate precursor of  25 methamphetamine, with the intent to manufacture any material, compound,  26 mixture, or preparation that contains methamphetamine, or its salts, isomers, or  27 salts of isomers;  28 (6) possesses a listed chemical with intent to manufacture any  29 material, compound, mixture, or preparation that contains  30 (A) methamphetamine, or its salts, isomers, or salts of  31 isomers; or  01 (B) an immediate precursor of methamphetamine, or its  02 salts, isomers, or salts of isomers;  03 (7) possesses methamphetamine in an organic solution with intent  04 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or  05 (8) under circumstances not proscribed under AS 11.71.010(a)(2),  06 delivers  07 (A) an immediate precursor of methamphetamine, or the  08 salts, isomers, or salts of isomers of the immediate precursor of  09 methamphetamine, to another person with reckless disregard that the  10 precursor will be used to manufacture any material, compound, mixture,  11 or preparation that contains methamphetamine, or its salts, isomers, or  12 salts of isomers; or  13 (B) a listed chemical to another person with reckless  14 disregard that the listed chemical will be used to manufacture any  15 material, compound, mixture, or preparation that contains  16 (i) methamphetamine, or its salts, isomers, or salts of  17 isomers;  18 (ii) an immediate precursor of methamphetamine, or  19 its salts, isomers, or salts of isomers; or  20 (iii) methamphetamine or its salts, isomers, or salts  21 of isomers in an organic solution. 22  * Sec. 28. AS 11.71.030(c) is amended to read: 23 (c) Misconduct involving a controlled substance in the second [THIRD] 24 degree is a class B felony. 25 * Sec. 29. AS 11.71.030 is amended by adding new subsections to read: 26 (d) In a prosecution under (a) of this section, possession of more than six 27 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 28 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 29 the person intended to use the listed chemicals to manufacture, aid or abet another 30 person to manufacture, or deliver to another person who intends to manufacture 31 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 01 of methamphetamine or its immediate precursors. The prima facie evidence described 02 in this subsection does not apply to a person who possesses 03 (1) the listed chemicals ephedrine, pseudoephedrine, 04 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 05 (A) and the listed chemical was dispensed to the person under a 06 valid prescription; or 07 (B) in the ordinary course of a legitimate business, or an 08 employee of a legitimate business, as a 09 (i) retailer or wholesaler; 10 (ii) wholesale drug distributor licensed by the Board of 11 Pharmacy; 12 (iii) manufacturer of drug products licensed by the 13 Board of Pharmacy; 14 (iv) pharmacist licensed by the Board of Pharmacy; or 15 (v) health care professional licensed by the state; or 16 (2) less than 24 grams of ephedrine, pseudoephedrine, 17 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 18 kept in a locked storage area on the premises of a legitimate business or nonprofit 19 organization operating a camp, lodge, school, day care center, treatment center, or 20 other organized group activity, and the location or nature of the activity, or the age of 21 the participants, makes it impractical for the participants in the activity to obtain 22 medicinal products. 23 (e) In this section, "listed chemical" means a chemical described under 24 AS 11.71.200. 25  * Sec. 30. AS 11.71.040(a) is amended to read: 26 (a) Except as authorized in AS 17.30, a person commits the crime of 27 misconduct involving a controlled substance in the third [FOURTH] degree if the 28 person 29 (1) manufactures or delivers any amount of a schedule IVA or VA 30 controlled substance or possesses any amount of a schedule IVA or VA controlled 31 substance with intent to manufacture or deliver; 01 (2) manufactures or delivers, or possesses with the intent to 02 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 03 of an aggregate weight of one ounce or more containing a schedule VIA controlled 04 substance; 05 (3) possesses 06 (A) any amount of a 07 (i) schedule IA controlled substance; or 08 (ii) IIA controlled substance except a controlled 09 substance listed in AS 11.71.150(e)(11) - (15); 10 (B) 25 or more tablets, ampules, or syrettes containing a 11 schedule IIIA or IVA controlled substance; 12 (C) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of 14 (i) three grams or more containing a schedule IIIA or 15 IVA controlled substance except a controlled substance in a form listed 16 in (ii) of this subparagraph; 17 (ii) 12 grams or more containing a schedule IIIA 18 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 19 sprayed on or otherwise applied to tobacco, an herb, or another organic 20 material; or 21 (iii) 500 milligrams or more of a schedule IIA 22 controlled substance listed in AS 11.71.150(e)(11) - (15); 23 (D) 50 or more tablets, ampules, or syrettes containing a 24 schedule VA controlled substance; 25 (E) one or more preparations, compounds, mixtures, or 26 substances of an aggregate weight of six grams or more containing a schedule 27 VA controlled substance; 28 (F) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of four ounces or more containing a 30 schedule VIA controlled substance; or 31 (G) 25 or more plants of the genus cannabis; 01 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 02 (A) with reckless disregard that the possession occurs 03 (i) on or within 500 feet of school grounds; or 04 (ii) at or within 500 feet of a recreation or youth center; 05 or 06 (B) on a school bus; 07 (5) knowingly keeps or maintains any store, shop, warehouse, 08 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 09 keeping or distributing controlled substances in violation of a felony offense under this 10 chapter or AS 17.30; 11 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 12 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 13 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 14 drug container, or labeling so as to render the drug a counterfeit substance; 15 (7) knowingly uses in the course of the manufacture or distribution of a 16 controlled substance a registration number that is fictitious, revoked, suspended, or 17 issued to another person; 18 (8) knowingly furnishes false or fraudulent information in or omits 19 material information from any application, report, record, or other document required 20 to be kept or filed under AS 17.30; 21 (9) obtains possession of a controlled substance by misrepresentation, 22 fraud, forgery, deception, or subterfuge; [OR] 23 (10) affixes a false or forged label to a package or other container 24 containing any controlled substance; or  25 (11) manufactures or delivers less than 2.5 grams of a schedule IA,  26 IIA, or IIIA controlled substance or possesses less than 2.5 grams of a schedule  27 IA, IIA, or IIIA controlled substance with intent to manufacture or deliver. 28  * Sec. 31. AS 11.71.040(d) is amended to read: 29 (d) Misconduct involving a controlled substance in the third [FOURTH] 30 degree is a class C felony. 31  * Sec. 32. AS 11.71.050 is amended to read: 01 Sec. 11.71.050. Misconduct involving a controlled substance in the fourth  02 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime 03 of misconduct involving a controlled substance in the fourth [FIFTH] degree if the 04 person 05 (1) manufactures or delivers, or possesses with the intent to 06 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 07 of an aggregate weight of less than one ounce containing a schedule VIA controlled 08 substance; 09 (2) possesses 10 (A) less than 25 tablets, ampules, or syrettes containing a 11 schedule IIIA or IVA controlled substance; 12 (B) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of less than 14 (i) three grams containing a schedule IIIA or IVA 15 controlled substance except a controlled substance in a form listed in 16 (ii) of this subparagraph; 17 (ii) 12 grams but more than six grams containing a 18 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 19 that has been sprayed on or otherwise applied to tobacco, an herb, or 20 another organic material; or 21 (iii) 500 milligrams containing a schedule IIA 22 controlled substance listed in AS 11.71.150(e)(11) - (15); 23 (C) less than 50 tablets, ampules, or syrettes containing a 24 schedule VA controlled substance; 25 (D) one or more preparations, compounds, mixtures, or 26 substances of an aggregate weight of less than six grams containing a schedule 27 VA controlled substance; or 28 (E) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of one ounce or more containing a schedule 30 VIA controlled substance; [OR] 31 (3) fails to make, keep, or furnish any record, notification, order form, 01 statement, invoice, or information required under AS 17.30; or  02 (4) under circumstances not proscribed under  03 AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA,  04 VA, or VIA controlled substance. 05 (b) Misconduct involving a controlled substance in the fourth [FIFTH] degree 06 is a class A misdemeanor. 07  * Sec. 33. AS 11.71.060 is amended to read: 08 Sec. 11.71.060. Misconduct involving a controlled substance in the fifth 09 [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime 10 of misconduct involving a controlled substance in the fifth [SIXTH] degree if the 11 person 12 (1) uses or displays any amount of a schedule VIA controlled 13 substance; 14 (2) possesses one or more preparations, compounds, mixtures, or 15 substances of an aggregate weight of 16 (A) less than one ounce containing a schedule VIA controlled 17 substance; 18 (B) six grams or less containing a schedule IIIA controlled 19 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 20 otherwise applied to tobacco, an herb, or another organic material; or 21 (3) refuses entry into a premise for an inspection authorized under 22 AS 17.30. 23 (b) Misconduct involving a controlled substance in the fifth [SIXTH] degree 24 is a class B misdemeanor. 25  * Sec. 34. AS 11.71.311(a) is amended to read: 26 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 27 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 28 11.71.060(a)(1) or (2) if that person 29 (1) sought, in good faith, medical or law enforcement assistance for 30 another person who the person reasonably believed was experiencing a drug overdose 31 and 01 (A) the evidence supporting the prosecution for an offense 02 under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) 03 OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered 04 as a result of the person seeking medical or law enforcement assistance; 05 (B) the person remained at the scene with the other person until 06 medical or law enforcement assistance arrived; and 07 (C) the person cooperated with medical or law enforcement 08 personnel, including by providing identification; 09 (2) was experiencing a drug overdose and sought medical assistance, 10 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 11 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 12 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 13 medical assistance. 14  * Sec. 35. AS 12.25.150(a) is amended to read: 15 (a) A person arrested shall be taken before a judge or magistrate without 16 unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent  17 compelling circumstances, including Sundays and holidays. The hearing before the  18 judge or magistrate may not take place more than 48 hours after arrest. This 19 requirement applies to municipal police officers to the same extent as it does to state 20 troopers. 21  * Sec. 36. AS 12.25.180 is amended to read: 22 Sec. 12.25.180. When peace officer shall [MAY] issue citation or take  23 person before the court. (a) When a peace officer stops or contacts a person for the 24 commission of a class C felony offense that is not a crime against a person under  25 AS 11.41, a misdemeanor, or the violation of a municipal ordinance, the officer shall 26 [MAY, IN THE OFFICER'S DISCRETION,] issue a citation to the person instead of 27 taking the person before a judge or magistrate under AS 12.25.150, unless 28 (1) the person does not furnish satisfactory evidence of identity; 29 (2) the peace [CONTACTING] officer reasonably believes the person 30 is a danger to self or others; 31 (3) the crime for which the person is contacted is one involving 01 violence or harm to another person or to property; 02 (4) [THE PERSON ASKS TO BE TAKEN BEFORE A JUDGE OR 03 MAGISTRATE UNDER AS 12.25.150; OR 04 (5)] the peace officer has probable cause to believe the person 05 committed a crime against a person under AS 11.41, a sex offense, theft in the  06 second degree under AS 11.46.130, escape under AS 11.56.300 - 11.56.330,  07 unlawful evasion under AS 11.56.335 or 11.56.340, unlawful contact under  08 AS 11.56.750 or 11.56.755, or a crime involving domestic violence; in this paragraph, 09 (A) "crime involving domestic violence" has the meaning given 10 in AS 18.66.990; and  11 (B) "sex offense" has the meaning given in AS 12.63.100;  12 (5) the person refuses to accept service of the citation;  13 (6) the peace officer reasonably believes there is a risk the  14 defendant will fail to appear in court; or  15 (7) the peace officer is required to arrest the person under another  16 provision of law. 17 (b) When a peace officer stops or contacts a person for the commission of an 18 infraction or a violation, the officer shall issue a citation instead of taking the person 19 before a judge or magistrate under AS 12.25.150, unless 20 (1) the person does not furnish satisfactory evidence of identity; [OR] 21 (2) the person refuses to accept service of the citation;  22 (3) the peace officer has probable cause to believe the person has  23 committed a violation of conditions of release under AS 11.56.757; or  24 (4) the peace officer has probable cause to believe the person has  25 committed the crime of failure to appear under AS 11.56.730. 26  * Sec. 37. AS 12.25.180 is amended by adding a new subsection to read: 27 (c) A person may not bring a civil action for damages for a failure to comply 28 with the provisions of this section. 29  * Sec. 38. AS 12.25.190(b) is amended to read: 30 (b) The time specified in the notice to appear shall be at least two [FIVE] 31 working days after the issuance of the citation under AS 12.25.180(a). 01  * Sec. 39. AS 12.25.190 is amended by adding a new subsection to read: 02 (d) The time specified in the notice to appear shall be at least five working 03 days after issuance of the citation under AS 12.25.180(b). 04  * Sec. 40. AS 12.30.006(b) is amended to read: 05 (b) At the first appearance before a judicial officer, a person who is charged 06 with a felony may be detained up to 48 hours for the prosecuting authority to 07 demonstrate that release of the person under AS 12.30.011 [AS 12.30.011(a)] would 08 not reasonably ensure [ASSURE] the appearance of the person or will pose a danger 09 to the victim, other persons, or the community. 10  * Sec. 41. AS 12.30.006(c) is amended to read: 11 (c) A person who remains in custody 48 hours after appearing before a judicial 12 officer because of inability to meet the conditions of release shall, upon application, be 13 entitled to have the conditions reviewed by the judicial officer who imposed them. If 14 the judicial officer who imposed the conditions of release is not available, any judicial 15 officer in the judicial district may review the conditions. Upon review of the  16 conditions, the judicial officer shall revise any conditions of release that have  17 prevented the defendant from being released unless the judicial officer finds on  18 the record that there is clear and convincing evidence that less restrictive release  19 conditions cannot reasonably ensure the  20 (1) appearance of the person in court; and  21 (2) safety of the victim, other persons, and the community. 22  * Sec. 42. AS 12.30.006(d) is amended to read: 23 (d) If a person remains in custody after review of conditions by a judicial 24 officer under (c) of this section, the person may request a subsequent review of 25 conditions. Unless the prosecuting authority stipulates otherwise or the person has 26 been incarcerated for a period equal to the maximum sentence for the most serious 27 charge for which the person is being held, a judicial officer may not schedule a bail 28 review hearing under this subsection unless 29 (1) the person provides to the court and the prosecuting authority a 30 written statement that new information not considered at the previous review will be 31 presented at the hearing; the statement must include a description of the information 01 and the reason the information was not presented at a previous hearing; in this 02 paragraph, "new information" includes [DOES NOT INCLUDE] the person's 03 inability to post the required bail; 04 (2) the prosecuting authority and any surety, if applicable, have at least 05 48 hours' written notice before the time set for the review requested under this 06 subsection; the defendant shall notify the surety; and 07 (3) at least seven days have elapsed between the previous review and 08 the time set for the requested review; however, a person may only receive one bail  09 review hearing solely for inability to pay. 10  * Sec. 43. AS 12.30.006(f) is amended to read: 11 (f) The judicial officer shall issue written or oral findings that explain the 12 reasons the officer imposed the particular conditions of release or modifications or 13 additions to conditions previously imposed. The judicial officer shall inform the 14 person that a law enforcement officer or a pretrial services officer under AS 33.07  15 may arrest the person without a warrant for violation of the court's order establishing 16 conditions of release. 17 * Sec. 44. AS 12.30.006 is amended by adding a new subsection to read: 18 (h) The first appearance under (a) and (b) of this section shall take place 19 within 24 hours after a person's arrest absent compelling circumstances, and in no 20 instance shall the first appearance take place more than 48 hours after a person's arrest.  21  * Sec. 45. AS 12.30.011 is amended to read: 22 Sec. 12.30.011. Release before trial. (a) A [EXCEPT AS OTHERWISE 23 PROVIDED IN THIS CHAPTER, A] judicial officer shall order a person charged 24 with an offense to be released on the person's personal recognizance, [OR] upon 25 execution of an unsecured appearance bond, or upon execution of an unsecured  26 performance bond if [ON THE CONDITION THAT THE PERSON] 27 (1) the pretrial services officer, in a report required under  28 AS 33.07, determined that the person is a low or moderate risk defendant and the  29 person has been charged with a misdemeanor, or that the person is a low risk  30 defendant and has been charged with a class C felony; and  31 (2) the person has not been charged with  01 (A) an offense under  02 (i) AS 11.41;  03 (ii) AS 11.56.730;  04 (iii) AS 11.56.757;  05 (iv) AS 18.66.990 that involves domestic violence;  06 (v) AS 28.35.030; or  07 (vi) AS 28.35.032; or  08 (B) a sex offense as defined in AS 12.63.100 [OBEY ALL 09 COURT ORDERS AND ALL FEDERAL, STATE, AND LOCAL LAWS; (2) 10 APPEAR IN COURT WHEN ORDERED; 11 (3) IF REPRESENTED, MAINTAIN CONTACT WITH THE 12 PERSON'S LAWYER; AND 13 (4) NOTIFY THE PERSON'S LAWYER, WHO SHALL NOTIFY 14 THE PROSECUTING AUTHORITY AND THE COURT, NOT MORE THAN 24 15 HOURS AFTER THE PERSON CHANGES RESIDENCE]. 16 (b) The [IF A JUDICIAL OFFICER DETERMINES THAT THE RELEASE 17 UNDER (a) OF THIS SECTION WILL NOT REASONABLY ASSURE THE 18 APPEARANCE OF THE PERSON OR WILL POSE A DANGER TO THE VICTIM, 19 OTHER PERSONS, OR THE COMMUNITY, THE OFFICER SHALL IMPOSE 20 THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL 21 REASONABLY ASSURE THE PERSON'S APPEARANCE AND PROTECT THE 22 VICTIM, OTHER PERSONS, AND THE COMMUNITY. IN ADDITION TO 23 CONDITIONS UNDER (a) OF THIS SECTION, THE] judicial officer may impose  24 the least restrictive additional conditions on a person released under this section  25 that the judicial officer determines are necessary to reasonably ensure the  26 person's appearance and the safety of the victim, other persons, and the  27 community. Singly [, SINGLY] or in combination, the additional conditions may  28 (1) [REQUIRE THE EXECUTION OF AN APPEARANCE BOND 29 IN A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED INTO THE 30 REGISTRY OF THE COURT, IN A SUM NOT TO EXCEED 10 PERCENT OF 31 THE AMOUNT OF THE BOND; 01 (2) REQUIRE THE EXECUTION OF A BAIL BOND WITH 02 SUFFICIENT SOLVENT SURETIES OR THE DEPOSIT OF CASH; 03 (3) REQUIRE THE EXECUTION OF A PERFORMANCE BOND IN 04 A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED IN THE REGISTRY OF 05 THE COURT; 06 (4)] place restrictions on the person's travel, association, or residence; 07 (2) [(5)] order the person to refrain from possessing a deadly weapon 08 on the person or in the person's vehicle or residence; 09 (3) [(6)] require the person to maintain employment or, if unemployed, 10 actively seek employment; 11 (4) [(7)] require the person to notify the person's lawyer and the 12 prosecuting authority within two business days after any change in employment; 13 (5) [(8)] require the person to avoid all contact with a victim, a 14 potential witness, or a codefendant; 15 (6) [(9)] require the person to refrain from the consumption and 16 possession of alcoholic beverages; 17 (7) [(10)] require the person to refrain from the use of a controlled 18 substance as defined by AS 11.71, unless prescribed by a licensed health care provider 19 with prescriptive authority; 20 (8) [(11)] require the person to be physically inside the person's 21 residence, or in the residence of the person's third-party custodian, at time periods set 22 by the court, subject to AS 12.30.021; 23 (9) [(12)] require the person to keep regular contact with a pretrial  24 services officer or law enforcement officer or agency; 25 (10) [(13)] order the person to refrain from entering or remaining in 26 premises licensed under AS 04; 27 (11) [(14)] place the person in the custody of an individual who agrees 28 to serve as a third-party custodian of the person as provided in AS 12.30.021; 29 (12) [(15)] if the person is under the treatment of a licensed health care 30 provider, order the person to follow the provider's treatment recommendations; 31 (13) [(16)] order the person to take medication that has been prescribed 01 for the person by a licensed health care provider with prescriptive authority; 02 (14) [(17)] order the person to comply with any other condition that is 03 reasonably necessary to ensure [ASSURE] the appearance of the person and to assure 04 the safety of the victim, other persons, and the community; 05 (15) [(18)] require the person to comply with a program established 06 under AS 47.38.020 if the person has been charged with an alcohol-related or 07 substance-abuse-related offense that is an unclassified felony, a class A felony, a 08 sexual felony, or a crime involving domestic violence. 09 (c) In determining the conditions of release under this chapter, the court shall 10 consider the following: 11 (1) the nature and circumstances of the offense charged; 12 (2) the weight of the evidence against the person; 13 (3) the nature and extent of the person's family ties and relationships; 14 (4) the person's employment status and history; 15 (5) the length and character of the person's past and present residence; 16 (6) the person's record of convictions; 17 (7) the person's record of appearance at court proceedings; 18 (8) assets available to the person to meet monetary conditions of 19 release; 20 (9) the person's reputation, character, and mental condition; 21 (10) the effect of the offense on the victim, any threats made to the 22 victim, and the danger that the person poses to the victim; 23 (11) any other facts that are relevant to the person's appearance or the 24 person's danger to the victim, other persons, or the community;  25 (12) the conditions of release recommended by the pretrial services  26 officer;  27 (13) the person's pretrial risk assessment score. 28 (d) In making a finding regarding the release of a person under this chapter, 29 [(1) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,] the burden of 30 proof is on the prosecuting authority that a person charged with an offense should be 31 detained or released with conditions described in [(b) OF] this section or AS 12.30.016 01 [; 02 (2) THERE IS A REBUTTABLE PRESUMPTION THAT NO 03 CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY 04 ASSURE THE APPEARANCE OF THE PERSON OR THE SAFETY OF THE 05 VICTIM, OTHER PERSONS, OR THE COMMUNITY, IF THE PERSON IS 06 (A) CHARGED WITH AN UNCLASSIFIED FELONY, A 07 CLASS A FELONY, A SEXUAL FELONY, OR A FELONY UNDER 08 AS 28.35.030 OR 28.35.032; 09 (B) CHARGED WITH A FELONY CRIME AGAINST A 10 PERSON UNDER AS 11.41, WAS PREVIOUSLY CONVICTED OF A 11 FELONY CRIME AGAINST A PERSON UNDER AS 11.41 IN THIS 12 STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION, AND 13 LESS THAN FIVE YEARS HAVE ELAPSED BETWEEN THE DATE OF 14 THE PERSON'S UNCONDITIONAL DISCHARGE ON THE 15 IMMEDIATELY PRECEDING OFFENSE AND THE COMMISSION OF 16 THE PRESENT OFFENSE; 17 (C) CHARGED WITH A FELONY OFFENSE COMMITTED 18 WHILE THE PERSON WAS ON RELEASE UNDER THIS CHAPTER FOR 19 A CHARGE OR CONVICTION OF ANOTHER OFFENSE; 20 (D) CHARGED WITH A CRIME INVOLVING DOMESTIC 21 VIOLENCE, AND HAS BEEN CONVICTED IN THE PREVIOUS FIVE 22 YEARS OF A CRIME INVOLVING DOMESTIC VIOLENCE IN THIS 23 STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION; 24 (E) ARRESTED IN CONNECTION WITH AN 25 ACCUSATION THAT THE PERSON COMMITTED A FELONY OUTSIDE 26 THE STATE OR IS A FUGITIVE FROM JUSTICE FROM ANOTHER 27 JURISDICTION, AND THE COURT IS CONSIDERING RELEASE UNDER 28 AS 12.70]. 29  * Sec. 46. AS 12.30.011 is amended by adding new subsections to read: 30 (e) Except as provided in (f) of this section, a judicial officer may order that a 31 person charged with an offense, in addition to other conditions imposed under this 01 section, be released 02 (1) on the person's own recognizance; 03 (2) upon execution of an unsecured appearance bond; or 04 (3) upon execution of an unsecured performance bond. 05 (f) A judicial officer shall order a person charged with an offense released on 06 the person's own recognizance, upon execution of an unsecured appearance bond, or 07 upon execution of an unsecured performance bond, unless the judicial officer makes a 08 finding on the record that there is clear and convincing evidence that no nonmonetary 09 conditions of release in combination with the release of the person on the person's own 10 recognizance or upon the execution of an unsecured performance bond can reasonably 11 ensure the appearance of the person in court and the safety of the victim, other 12 persons, and the community, if the person has been assessed by a pretrial services 13 officer under AS 33.07 as a 14 (1) low risk defendant, unless a judicial officer orders the defendant to 15 be released as provided in (a) and (b) of this section; 16 (2) high risk defendant, and the defendant has been charged with a 17 misdemeanor that does not include an offense under 18 (A) AS 11.41; 19 (B) AS 11.56.340; 20 (C) AS 11.56.730; 21 (D) AS 11.56.750; 22 (E) AS 11.56.757; 23 (F) AS 11.61.210; 24 (G) AS 11.61.220; 25 (H) AS 18.66.990 that involves domestic violence; 26 (I) AS 28.35.030; or 27 (J) AS 28.35.032; 28 (3) moderate to high risk defendant, and the defendant has been 29 charged with a class C felony that does not include an offense under 30 (A) AS 11.41; 31 (B) AS 11.56.320; 01 (C) AS 11.56.335; 02 (D) AS 11.56.730; 03 (E) AS 11.56.757; 04 (F) AS 11.56.810; 05 (G) AS 11.61.127; 06 (H) AS 11.61.200; 07 (I) AS 11.66.130; 08 (J) AS 18.66.990 that involves domestic violence; 09 (K) AS 28.35.030; or 10 (L) AS 28.35.032; 11 (4) low to moderate risk defendant, and the defendant has been 12 charged with an offense under 13 (A) AS 11.56.730; or 14 (B) AS 11.56.757. 15 (g) A person released under this section shall be released on the condition that 16 the person 17 (1) obey all court orders; 18 (2) obey all laws; 19 (3) make all court appearances; 20 (4) maintain contact with the person's pretrial services officer, if one is 21 appointed by the court, and follow the pretrial services officer's instructions; 22 (5) maintain contact with the person's attorney; 23 (6) notify the person's attorney or, if the person is not represented by 24 an attorney, the pretrial services officer or the court within 24 hours after a change in 25 the person's residence. 26 (h) If a person charged with an offense is not required under this section to be 27 released on the person's own recognizance, upon execution of an unsecured 28 appearance bond, or upon execution of an unsecured performance bond, a judicial 29 officer may, singly or in combination, require that the person deposit with the court 30 and execute 31 (1) an appearance bond with a full or partial posting of the specified 01 amount of the bond with the condition that the deposit be returned upon the 02 appearance of the defendant at scheduled hearings; 03 (2) a bail bond with sufficient solvent sureties or the deposit of cash; or 04 (3) a performance bond with a full or partial posting of the amount of 05 the bond with the condition that the deposit be returned upon the performance of the 06 conditions of release set by the court. 07 (i) A judicial officer may require supervision by a pretrial services officer to 08 ensure compliance with the conditions of release. 09  * Sec. 47. AS 12.30.016(b) is amended to read: 10 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 11 AS 28.35.030, or 28.35.032, a judicial officer may order the person 12 (1) to refrain from 13 (A) consuming alcoholic beverages; or 14 (B) possessing on the person, in the person's residence, or in 15 any vehicle or other property over which the person has control, alcoholic 16 beverages; 17 (2) to submit to a search without a warrant of the person, the person's 18 personal property, the person's residence, or any vehicle or other property over which 19 the person has control, for the presence of alcoholic beverages by a peace officer or  20 pretrial services officer who has reasonable suspicion that the person is violating the 21 conditions of the person's release by possessing alcoholic beverages; 22 (3) to submit to a breath test when requested by a law enforcement 23 officer or pretrial services officer; 24 (4) to provide a sample for a urinalysis or blood test when requested by 25 a law enforcement officer or pretrial services officer; 26 (5) to take a drug or combination of drugs intended to prevent 27 substance abuse; 28 (6) to follow any treatment plan imposed by the court under 29 AS 28.35.028; 30 (7) to comply with a program established under AS 47.38.020. 31  * Sec. 48. AS 12.30.016(c) is amended to read: 01 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 02 officer may order the person 03 (1) to refrain from 04 (A) consuming a controlled substance; or 05 (B) possessing on the person, in the person's residence, or in 06 any vehicle or other property over which the person has control, a controlled 07 substance or drug paraphernalia; 08 (2) to submit to a search without a warrant of the person, the person's 09 personal property, the person's residence, or any vehicle or other property over which 10 the person has control, for the presence of a controlled substance or drug paraphernalia 11 by a peace officer or pretrial services officer who has reasonable suspicion that the 12 person is violating the terms of the person's release by possessing controlled 13 substances or drug paraphernalia; 14 (3) to enroll in a random drug testing program, at the person's expense, 15 with testing to occur not less than once a week, or to submit to random drug  16 testing by the pretrial services office in the Department of Corrections to detect 17 the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS 18 THAN ONCE A WEEK, AND] with the results being submitted to the court and the 19 prosecuting authority; 20 (4) to refrain from entering or remaining in a place where a controlled 21 substance is being used, manufactured, grown, or distributed; 22 (5) to refrain from being physically present at, within a two-block area 23 of, or within a designated area near, the location where the alleged offense occurred or 24 at other designated places, unless the person actually resides within that area; 25 (6) to refrain from the use or possession of an inhalant; or 26 (7) to comply with a program established under AS 47.38.020. 27  * Sec. 49. AS 12.30.021(a) is amended to read: 28 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 29 a judicial officer may appoint a third-party custodian if the officer finds, on the  30 record, that 31 (1) pretrial supervision under AS 33.07 is not available in the  01 person's location;  02 (2) no secured appearance or performance bonds have been  03 ordered; and  04 (3) no other conditions of release or combination of conditions can  05 [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER 06 CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety 07 of the victim, other persons, and the community. 08  * Sec. 50. AS 12.30.021(c) is amended to read: 09 (c) A judicial officer may not appoint a person as a third-party custodian if 10 (1) the proposed custodian is acting as a third-party custodian for 11 another person; 12 (2) the proposed custodian has been convicted in the previous three 13 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 14 (3) criminal charges are pending in this state or another jurisdiction 15 against the proposed custodian; 16 (4) the proposed custodian is on probation in this state or another 17 jurisdiction for an offense; 18 (5) there is a reasonable probability that the state will call the 19 proposed custodian [MAY BE CALLED] as a witness in the prosecution of the 20 person; 21 (6) the proposed custodian resides out of state; however, a nonresident 22 may serve as a custodian if the nonresident resides in the state while serving as 23 custodian. 24 * Sec. 51. AS 12.30.055 is amended by adding a new subsection to read: 25 (b) A person who is in custody in connection with a petition to revoke 26 probation for a technical violation of probation under AS 12.55.110 shall be released 27 after the person has served the maximum number of days that the court could impose 28 on the person for a technical violation of probation under AS 12.55.110. 29  * Sec. 52. AS 12.55.011 is amended by adding a new subsection to read: 30 (b) At the time of sentencing, the court shall provide the victim with a form 31 that 01 (1) provides information on 02 (A) whom the victim should contact if the victim has questions 03 about the sentence or release of the offender; 04 (B) the potential for release of the offender on furlough, 05 probation, or parole or for good time credit; and 06 (2) allows the victim to update the victim's contact information with 07 the court and with the Department of Corrections. 08  * Sec. 53. AS 12.55.025(a) is amended to read: 09 (a) When imposing a sentence for conviction of a felony offense or a sentence 10 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 11 regulation adopted under AS 04, or an ordinance adopted in conformity with 12 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 13 includes the following: 14 (1) a verbatim record of the sentencing hearing and any other in-court 15 sentencing procedures; 16 (2) findings on material issues of fact and on factual questions required 17 to be determined as a prerequisite to the selection of the sentence imposed; 18 (3) a clear statement of the terms of the sentence imposed; if a term of 19 imprisonment is imposed, the statement must include 20 (A) the approximate minimum term the defendant is expected 21 to serve before being released or placed on mandatory parole if the defendant 22 is eligible for and does not forfeit good conduct deductions under 23 AS 33.20.010; and 24 (B) if applicable, the approximate minimum term of 25 imprisonment the defendant must serve before becoming eligible for release on 26 discretionary or administrative parole; 27 (4) any recommendations as to the place of confinement or the manner 28 of treatment; and 29 (5) in the case of a conviction for a felony offense, information 30 assessing 31 (A) the financial, emotional, and medical effects of the offense 01 on the victim; 02 (B) the need of the victim for restitution; and 03 (C) any other information required by the court. 04  * Sec. 54. AS 12.55.025(c) is amended to read: 05 (c) Except as provided in (d) of this section, when a defendant is sentenced to 06 imprisonment, the term of confinement commences on the date of imposition of 07 sentence unless the court specifically provides that the defendant must report to serve 08 the sentence on another date. If the court provides another date to begin the term of 09 confinement, the court shall provide the defendant with written notice of the date, 10 time, and location of the correctional facility to which the defendant must report. A 11 defendant shall receive credit for time spent in custody pending trial, sentencing, or 12 appeal, if the detention was in connection with the offense for which sentence was 13 imposed including a technical violation of probation as provided in AS 12.55.110. 14 A defendant may not receive credit for more than the actual time spent in custody 15 pending trial, sentencing, or appeal. The time during which a defendant is voluntarily 16 absent from official detention after the defendant has been sentenced may not be 17 credited toward service of the sentence. 18  * Sec. 55. AS 12.55.027(d) is amended to read: 19 (d) A court may grant credit against a sentence of imprisonment imposed  20 following conviction for an offense for time spent under electronic monitoring that  21 complies with AS 33.30.011(10), if the person has not committed a criminal offense 22 while under electronic monitoring and the court imposes restrictions on the person's 23 freedom of movement and behavior while under the electronic monitoring program, 24 including requiring the person to be confined to a residence except for a 25 (1) court appearance; 26 (2) meeting with counsel; or 27 (3) period during which the person is at a location ordered by the court 28 for the purposes of employment, attending educational or vocational training, 29 performing community volunteer work, or attending a rehabilitative activity or 30 medical appointment. 31  * Sec. 56. AS 12.55.027 is amended by adding new subsections to read: 01 (f) A court granting credit against a sentence of imprisonment under (d) of this 02 section may grant credit of not more than 120 days against a total term of 03 imprisonment imposed for 04 (1) a crime against a person under AS 11.41; 05 (2) a sex offense as defined in AS 12.63.100; 06 (3) an offense under AS 11.71 involving the delivery of a controlled 07 substance to a person under 19 years of age; 08 (4) burglary in the first degree under AS 11.46.300; or 09 (5) arson in the first degree under AS 11.46.400. 10 (g) To qualify as a treatment program under this section, a program must 11 (1) be intended to address criminogenic traits or behaviors; 12 (2) provide measures of progress or completion; and 13 (3) require notification to the court or probation officer of violations of 14 conditions of bail or probation. 15  * Sec. 57. AS 12.55.051(a) is amended to read: 16 (a) If the defendant defaults in the payment of a fine or any installment or of 17 restitution or any installment, the court may order the defendant to show cause why 18 the defendant should not be sentenced to imprisonment for nonpayment and, if the 19 payment was made a condition of the defendant's probation, may revoke the probation 20 of the defendant subject to the limits set out in AS 12.55.110. In a contempt or 21 probation revocation proceeding brought as a result of failure to pay a fine or 22 restitution, it is an affirmative defense that the defendant was unable to pay despite 23 having made continuing good faith efforts to pay the fine or restitution. If the court 24 finds that the defendant was unable to pay despite having made continuing good faith 25 efforts, the defendant may not be imprisoned solely because of the inability to pay. If 26 the court does not find that the default was attributable to the defendant's inability to 27 pay despite having made continuing good faith efforts to pay the fine or restitution, the 28 court may order the defendant imprisoned subject to the limits set out in  29 AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of 30 imprisonment imposed under this section may not exceed one day for each $50 of the 31 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 01 be given toward satisfaction of the order of the court for every day a person is 02 incarcerated for nonpayment of a fine or restitution. 03  * Sec. 58. AS 12.55.051 is amended by adding a new subsection to read: 04 (k) The Department of Law may garnish a permanent fund dividend under 05 AS 43.23.065 or garnish other income of a defendant as allowed by state law to collect 06 restitution ordered by the court. 07  * Sec. 59. AS 12.55.055(c) is amended to read: 08 (c) The court may offer a defendant convicted of an offense the option of 09 performing community work in lieu of a fine, surcharge, or portion of a fine or 10 surcharge if the court finds the defendant is unable to pay the fine. The value of 11 community work in lieu of a fine is the state's minimum wage for each [$3 PER] 12 hour. 13  * Sec. 60. AS 12.55.055 is amended by adding new subsections to read: 14 (g) The court may not 15 (1) offer a defendant convicted of an offense the option of serving jail 16 time in lieu of performing uncompleted community work previously ordered by the 17 court; or 18 (2) convert uncompleted community work hours into a sentence of 19 imprisonment. 20 (h) If a court orders community work as part of the defendant's sentence under 21 this section, the court shall provide notice to the defendant at sentencing and include 22 as a provision of the judgment that if the defendant fails to provide proof of 23 community work within 20 days after the date set by the court, the court shall convert 24 those community work hours to a fine equal to the number of uncompleted work hours 25 multiplied by the state's minimum hourly wage and issue a judgment against the 26 defendant for that amount. 27  * Sec. 61. AS 12.55 is amended by adding a new section to read: 28 Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f) 29 of this section, if a person is found guilty or pleads guilty to a crime, the court may, 30 with the consent of the defendant and the prosecution and without imposing or 31 entering a judgment of guilt, defer further proceedings and place the person on 01 probation. The period of probation may not exceed the maximum term of sentence that 02 may be imposed or a period of one year, whichever is greater. 03 (b) The court shall impose conditions of probation for a person on probation 04 as provided in (a) of this section, which may include that the person 05 (1) abide by all local, state, and federal laws; 06 (2) not leave the state without prior consent of the court; 07 (3) pay restitution as ordered by the court; and 08 (4) obey any other conditions of probation set by the court. 09 (c) At any time during the probationary term of the person released on 10 probation, a probation officer may, without warrant or other process, rearrest the 11 person so placed in the officer's care and bring the person before the court, or the court 12 may, in its discretion, issue a warrant for the rearrest of the person. The court may 13 revoke and terminate the probation if the court finds that the person placed on 14 probation is 15 (1) violating the conditions of probation; 16 (2) engaging in criminal practices; or 17 (3) violating an order of the court to participate in or comply with the 18 treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 19 (d) If the court finds that the person has successfully completed probation, the 20 court shall, at the end of the probationary period set by the court, or at any time after 21 the expiration of one year from the date of the original probation, discharge the person 22 and dismiss the proceedings against the person. 23 (e) If the court finds that the person has violated the conditions of probation 24 ordered by the court, the court may revoke and terminate the person's probation, enter 25 judgment on the person's previous plea or finding of guilt, and pronounce sentence at 26 any time within the maximum probation period authorized by this section. 27 (f) The court may not suspend imposing or entering the judgment and defer 28 prosecution under this section of a person who 29 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 30 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 31 AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 01 (2) uses a firearm in the commission of the offense for which the 02 person is convicted; 03 (3) has previously been granted a suspension of judgment under this 04 section or a similar statute in another jurisdiction, unless the court enters written 05 findings that by clear and convincing evidence the person's prospects for rehabilitation 06 are high and suspending judgment under this section adequately protects the victim of 07 the offense, if any, and the community; 08 (4) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 09 and the person has one or more prior convictions for a misdemeanor violation of 10 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 11 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 12 felony in this state; for the purposes of this paragraph, a person shall be considered to 13 have a prior conviction even if 14 (A) the charges were dismissed under this section; 15 (B) the conviction has been set aside under AS 12.55.085; or 16 (C) the charge or conviction was dismissed or set aside under 17 an equivalent provision of the laws of another jurisdiction; or 18 (5) has been convicted of a crime involving domestic violence, as 19 defined by AS 18.66.990. 20  * Sec. 62. AS 12.55.090(b) is amended to read: 21 (b) Except as otherwise provided in (f) of this section, the court may revoke or 22 modify any condition of probation, [OR MAY] change the period of probation, or  23 terminate probation and discharge the defendant from probation. 24  * Sec. 63. AS 12.55.090(c) is amended to read: 25 (c) The period of probation, together with any extension, may not exceed 26 (1) 10 [25] years for an unclassified felony under AS 11 or a felony 27 sex offense; [OR] 28 (2) five [10] years for a felony [ANY OTHER] offense not listed in  29 (1) of this subsection; 30 (3) four years for a misdemeanor offense involving domestic  31 violence;  01 (4) two years for a misdemeanor offense under AS 28.35.030 or  02 28.35.032, if the person has previously been convicted of an offense under  03 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another  04 jurisdiction; or  05 (5) one year for an offense not listed in (1) - (4) of this subsection. 06  * Sec. 64. AS 12.55.090(f) is amended to read: 07 (f) Unless the defendant and the prosecuting authority agree at the probation 08 revocation proceeding or other proceeding related to a probation violation, the  09 person qualifies for a reduction under AS 33.05.020(h), or a probation officer  10 recommends to the court that probation be terminated and the defendant be  11 discharged from probation under (g) of this section or AS 33.05.040, the court may 12 not reduce the specific period of probation [,] or the specific term of suspended 13 incarceration except by the amount of incarceration imposed for a probation violation, 14 if 15 (1) the sentence was imposed in accordance with a plea agreement 16 under Rule 11, Alaska Rules of Criminal Procedure; and 17 (2) the agreement required a specific period of probation or a specific 18 term of suspended incarceration. 19  * Sec. 65. AS 12.55.090 is amended by adding new subsections to read: 20 (g) A probation officer shall recommend to the court that probation be 21 terminated and a defendant be discharged from probation if the defendant 22 (1) has completed at least one year on probation; 23 (2) has completed all treatment programs required as a condition of 24 probation; 25 (3) has been in compliance with all conditions of probation for at least 26 one year; 27 (4) is currently in compliance with all conditions of probation for all of 28 the cases for which the person is on probation; and 29 (5) has not been convicted of an unclassified felony offense, a sexual 30 felony as defined by AS 12.55.185, or a crime involving domestic violence as defined 31 by AS 18.66.990. 01 (h) Before a court may terminate probation and discharge the defendant before 02 the period of probation for the offense has been completed under (g) of this section, 03 the court shall allow victims to comment in writing to the court or allow a victim to 04 give sworn testimony or make an unsworn oral presentation at a hearing held to 05 determine whether to reduce the period of probation or terminate probation and 06 discharge the defendant. 07 (i) If a probation officer recommends to the court that probation be terminated 08 and a defendant be discharged from probation under (g) of this section, the court shall, 09 if feasible, send a copy of the motion to the Department of Corrections sufficiently in 10 advance of any scheduled hearing to enable the Department of Corrections to notify 11 the victim of that crime. If the victim has earlier requested to be notified, the 12 Department of Corrections shall send the victim notice of the recommendation under 13 (g) of this section and inform the victim of the victim's rights under this section, the 14 deadline for receipt of written comments, the hearing date, and the court's address. 15 (j) The court shall provide copies of the victim's written comments to the 16 prosecuting attorney, the defendant, and the defendant's attorney. 17 (k) In deciding whether to terminate probation and discharge the defendant 18 from probation under (g) of this section, the court shall consider the victim's 19 comments, testimony, or unsworn oral presentation, when relevant, and any response 20 by the prosecuting attorney and defendant. 21 (l) If a victim desires notice under this section, the victim shall maintain a 22 current, valid mailing address on file with the commissioner of corrections. The 23 commissioner shall send the notice to the victim's last known address. The victim's 24 address may not be disclosed to the defendant or the defendant's attorney. 25 (m) The court shall discharge the defendant from probation upon completion 26 of the period of probation. The period of probation is considered to be completed 27 when the combination of time served and credits earned under AS 33.05.020 is equal 28 to the probation period imposed. 29  * Sec. 66. AS 12.55.100(a) is amended to read: 30 (a) While on probation and among the conditions of probation, the defendant 31 (1) shall be required to obey all state, federal, and local laws or  01 ordinances, and any court orders applicable to the probationer; and  02 (2) may be required 03 (A) [(1)] to pay a fine in one or several sums; 04 (B) [(2)] to make restitution or reparation to aggrieved parties 05 for actual damages or loss caused by the crime for which conviction was had, 06 including compensation to a victim that is a nonprofit organization for the 07 value of labor or goods provided by volunteers if the labor or goods were 08 necessary to alleviate or mitigate the effects of the defendant's crime; when 09 determining the amount of actual damages or loss under this paragraph, the 10 court shall value property as the market value of the property at the time and 11 place of the crime or, if the market value cannot reasonably be ascertained, the 12 cost of the replacement of the property within a reasonable time after the 13 crime; 14 (C) [(3)] to provide for the support of any persons for whose 15 support the defendant is legally responsible; 16 (D) [(4)] to perform community work in accordance with 17 AS 12.55.055; 18 (E) [(5)] to participate in or comply with the treatment plan of 19 an inpatient or outpatient rehabilitation program specified by either the court or 20 the defendant's probation officer that is related to the defendant's offense or to 21 the defendant's rehabilitation; 22 (F) [(6)] to satisfy the screening, evaluation, referral, and 23 program requirements of an agency authorized by the court to make referrals 24 for rehabilitative treatment or to provide rehabilitative treatment; 25 (G) [AND (7)] to comply with a program established under 26 AS 47.38.020; and  27 (H) to comply with the sanctions imposed by the  28 defendant's probation officer under AS 33.05.020(g). 29  * Sec. 67. AS 12.55.100(c) is amended to read: 30 (c) A program of inpatient treatment may be required by the authorized 31 agency under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and 01 may not exceed the maximum term of inpatient treatment specified in the judgment. A 02 person who has been referred for inpatient treatment may make a written request to the 03 sentencing court asking the court to review the referral. The request for review shall be 04 made within seven days after [OF] the agency's referral, and shall specifically set out 05 the grounds on [UPON] which the request for review is based. The court may order a 06 hearing on the request for review. 07 * Sec. 68. AS 12.55.110 is amended by adding new subsections to read: 08 (c) If a defendant is serving a period of probation for an offense, the court may 09 find that the defendant has committed a technical violation of probation. If the court 10 finds that a defendant has committed a technical violation of probation that does not 11 include absconding, the court may reinstate the term of probation with appropriate 12 conditions or impose a sentence of imprisonment of not more than 13 (1) three days for the first petition to revoke probation filed with the 14 court; 15 (2) five days for the second petition to revoke probation filed with the 16 court; 17 (3) 10 days for the third petition to revoke probation filed with the 18 court; or 19 (4) up to the remainder of the suspended portion of the sentence for a 20 fourth or subsequent petition to revoke probation. 21 (d) If the court revokes a person's probation for absconding, the court may 22 impose a period of imprisonment not to exceed 30 days. 23 (e) The limits set out in this section on the length of imprisonment for a 24 revocation do not apply if a probationer is enrolled in a program established under 25 AS 33.05.020(f). 26 (f) If the defendant is ordered to complete treatment under 27 AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order 28 the defendant to show cause why the defendant should not be sentenced to 29 imprisonment for noncompletion of treatment and may revoke the suspended sentence 30 subject to the limits established in this section. In a contempt or probation revocation 31 proceeding brought as a result of failure to complete treatment, it is an affirmative 01 defense that the defendant was unable to afford the cost of treatment or secure a place 02 in a free treatment program, despite having made continuing good faith efforts. If the 03 court finds that the defendant was unable to complete treatment despite having made 04 continuing good faith efforts, the defendant may not be imprisoned solely because of 05 an inability to pay. If the court does not find that the noncompletion of treatment was 06 attributable to the defendant's inability to pay, the court may order the defendant 07 imprisoned subject to the limits established in this section. 08 (g) In this section, 09 (1) "absconding" means failing to report within five working days after 10 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 11 with a probation officer as ordered by the court or as directed by the probation officer, 12 and failing to make contact with the probation officer within 30 days following the 13 missed meeting; 14 (2) "technical violation" means a violation of the conditions of 15 probation that does not result from 16 (A) an arrest for a new criminal offense; 17 (B) failing to complete sex offender treatment; or 18 (C) failing to complete an intervention program for batterers. 19  * Sec. 69. AS 12.55.115 is amended to read: 20 Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole  21 at sentencing. The court may, as part of a sentence of imprisonment, further restrict 22 the eligibility of a prisoner for discretionary or administrative parole for a term 23 greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and 24 33.16.100. 25 * Sec. 70. AS 12.55.125(a) is amended to read: 26 (a) A defendant convicted of murder in the first degree or murder of an unborn 27 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 28 of at least 25 [20] years but not more than 99 years. A defendant convicted of murder 29 in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years 30 when 31 (1) the defendant is convicted of the murder of a uniformed or 01 otherwise clearly identified peace officer, firefighter, or correctional employee who 02 was engaged in the performance of official duties at the time of the murder; 03 (2) the defendant has been previously convicted of 04 (A) murder in the first degree under AS 11.41.100 or former 05 AS 11.15.010 or 11.15.020; 06 (B) murder in the second degree under AS 11.41.110 or former 07 AS 11.15.030; or 08 (C) homicide under the laws of another jurisdiction when the 09 offense of which the defendant was convicted contains elements similar to first 10 degree murder under AS 11.41.100 or second degree murder under 11 AS 11.41.110; 12 (3) the defendant subjected the murder victim to substantial physical 13 torture; 14 (4) the defendant is convicted of the murder of and personally caused 15 the death of a person, other than a participant, during a robbery; or 16 (5) the defendant is a peace officer who used the officer's authority as a 17 peace officer to facilitate the murder. 18  * Sec. 71. AS 12.55.125(b) is amended to read: 19 (b) A defendant convicted of attempted murder in the first degree, solicitation 20 to commit murder in the first degree, conspiracy to commit murder in the first degree, 21 kidnapping, or misconduct involving a controlled substance in the first degree shall be 22 sentenced to a definite term of imprisonment of at least five years but not more than 23 99 years. A defendant convicted of murder in the second degree or murder of an 24 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 25 imprisonment of at least 15 [10] years but not more than 99 years. A defendant 26 convicted of murder in the second degree shall be sentenced to a definite term of 27 imprisonment of at least 20 years but not more than 99 years when the defendant is 28 convicted of the murder of a child under 16 years of age and the court finds by clear 29 and convincing evidence that the defendant (1) was a natural parent, a stepparent, an 30 adoptive parent, a legal guardian, or a person occupying a position of authority in 31 relation to the child; or (2) caused the death of the child by committing a crime against 01 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 02 "position of authority" have the meanings given in AS 11.41.470. 03  * Sec. 72. AS 12.55.125(c) is amended to read: 04 (c) Except as provided in (i) of this section, a defendant convicted of a class A 05 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 06 and shall be sentenced to a definite term within the following presumptive ranges, 07 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 08 (1) if the offense is a first felony conviction and does not involve 09 circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years; 10 (2) if the offense is a first felony conviction 11 (A) and the defendant possessed a firearm, used a dangerous 12 instrument, or caused serious physical injury or death during the commission 13 of the offense, or knowingly directed the conduct constituting the offense at a 14 uniformed or otherwise clearly identified peace officer, firefighter, correctional 15 employee, emergency medical technician, paramedic, ambulance attendant, or 16 other emergency responder who was engaged in the performance of official 17 duties at the time of the offense, five [SEVEN] to nine [11] years; 18 (B) and the conviction is for manufacturing related to 19 methamphetamine under AS 11.71.030(a)(4)(A) or (B) 20 [AS 11.71.020(a)(2)(A) OR (B)], seven to 11 years, if 21 (i) the manufacturing occurred in a building with 22 reckless disregard that the building was used as a permanent or 23 temporary home or place of lodging for one or more children under 18 24 years of age or the building was a place frequented by children; or 25 (ii) in the course of manufacturing or in preparation for 26 manufacturing, the defendant obtained the assistance of one or more 27 children under 18 years of age or one or more children were present; 28 (3) if the offense is a second felony conviction, eight [10] to 12 [14] 29 years; 30 (4) if the offense is a third felony conviction and the defendant is not 31 subject to sentencing under (l) of this section, 13 [15] to 20 years. 01  * Sec. 73. AS 12.55.125(d) is amended to read: 02 (d) Except as provided in (i) of this section, a defendant convicted of a class B 03 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years; 08 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 09 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 10 probation under AS 12.55.086, the defendant is required to serve an active term of 11 imprisonment within the range specified in this paragraph, unless the court finds that a 12 mitigation factor under AS 12.55.155 applies; 13 (2) if the offense is a first felony conviction, 14 (A) the defendant violated AS 11.41.130, and the victim was a 15 child under 16 years of age, two to four years; 16 (B) two to four years if the conviction is for an attempt, 17 solicitation, or conspiracy to manufacture related to methamphetamine under 18 AS 11.31 and AS 11.71.030(a)(4)(A) or (B) [AS 11.71.020(a)(2)(A) OR (B)], 19 and 20 (i) the attempted manufacturing occurred, or the 21 solicited or conspired offense was to have occurred, in a building with 22 reckless disregard that the building was used as a permanent or 23 temporary home or place of lodging for one or more children under 18 24 years of age or the building was a place frequented by children; or 25 (ii) in the course of an attempt to manufacture, the 26 defendant obtained the assistance of one or more children under 18 27 years of age or one or more children were present; 28 (3) if the offense is a second felony conviction, two [FOUR] to five 29 [SEVEN] years; 30 (4) if the offense is a third felony conviction, four [SIX] to 10 years. 31  * Sec. 74. AS 12.55.125(e) is amended to read: 01 (e) Except as provided in (i) of this section, a defendant convicted of a class C 02 felony may be sentenced to a definite term of imprisonment of not more than five 03 years, and shall be sentenced to a definite term within the following presumptive 04 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (4) of this subsection, probation, with a suspended term  07 of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT 08 SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT 09 APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE 10 UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF 11 PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE 12 AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN 13 THIS PARAGRAPH]; 14 (2) if the offense is a second felony conviction, one to three [TWO 15 TO FOUR] years; 16 (3) if the offense is a third felony conviction, two [THREE] to five 17 years; 18 (4) if the offense is a first felony conviction, and the defendant violated 19 AS 08.54.720(a)(15), one to two years. 20  * Sec. 75. AS 12.55.135(a) is amended to read: 21 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 22 definite term of imprisonment of not more than 23 (1) one year, if the  24 (A) conviction is for a crime with a mandatory minimum  25 term of more than 30 days of active imprisonment; or  26 (B) trier of fact finds the aggravating factor that the  27 conduct constituting the offense was among the most serious conduct  28 included in the definition of the offense;  29 (C) defendant has past criminal convictions for conduct  30 violative of criminal laws, punishable as felonies or misdemeanors, similar  31 in nature to the offense for which the defendant is being sentenced; or  01 (D) conviction is for the crime of assault in the fourth  02 degree under AS 11.41.230; or  03 (2) 30 days. 04  * Sec. 76. AS 12.55.135(b) is amended to read: 05 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 06 definite term of imprisonment of not more than 10 [90] days unless otherwise 07 specified in the provision of law defining the offense or in this section. 08  * Sec. 77. AS 12.55.135 is amended by adding new subsections to read: 09 (l) A court sentencing a person convicted of theft in the fourth degree under 10 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(2), removal of 11 identification marks under AS 11.46.260(b)(3), unlawful possession under 12 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 13 simulation under AS 11.46.530(b)(3) may not impose 14 (1) a sentence of more than five days of suspended imprisonment and a 15 term of probation of more than six months if the person has previously been convicted 16 two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 17 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction 18 with substantially similar elements; or 19 (2) a sentence of active or suspended imprisonment if the person has 20 not been previously convicted, or has previously been convicted once, of an offense 21 under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a 22 law or ordinance of this or another jurisdiction with substantially similar elements. 23 (m) A court may not impose a sentence of imprisonment for a definite term of 24 more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110. 25 (n) A court sentencing a person convicted of misconduct involving a 26 controlled substance in the fourth degree under AS 11.71.050(a)(4) or a person 27 convicted of misconduct involving a controlled substance in the fifth degree under 28 AS 11.71.060(a)(2) may not impose 29 (1) a sentence of active imprisonment, unless the person has previously 30 been convicted more than once of an offense under AS 11.71 or a law of this or 31 another jurisdiction with elements substantially similar to an offense under AS 11.71; 01 or 02 (2) a sentence of suspended imprisonment greater than 03 (A) 30 days, if the defendant has not been previously convicted 04 of an offense under AS 11.71 or a law of this or another jurisdiction with 05 elements substantially similar to an offense under AS 11.71; or 06 (B) 180 days, if the person has been previously convicted of an 07 offense under AS 11.71 or a law of this or another jurisdiction with elements 08 substantially similar to an offense under AS 11.71. 09 (o) If an aggravating factor is a necessary element of the present offense, that 10 factor may not be used to impose a sentence above the high end of the range. 11 (p) If the state seeks to establish an aggravating factor at sentencing 12 (1) under (a)(1)(B) of this section, written notice must be served on the 13 opposing party and filed with the court not later than 10 days before the date set for 14 imposition of sentence; the aggravating factors in (a)(1) of this section must be 15 established by clear and convincing evidence before the court sitting without a jury; all 16 findings must be set out with specificity; 17 (2) aggravating factors in (a)(1)(B) of this section shall be presented to 18 a trial jury under procedures set by the court, unless the defendant waives trial by jury, 19 stipulates to the existence of the factor, or consents to have the factor proven under 20 procedures set out in (1) of this subsection; an aggravating factor presented to a jury is 21 established if proved beyond a reasonable doubt; written notice of the intent to 22 establish an aggravating factor must be served on the defendant and filed with the 23 court 24 (A) 10 days before trial or at a time specified by the court; 25 (B) within 48 hours, or at a time specified by the court, if the 26 court instructs the jury about the option to return a verdict for a lesser included 27 offense; or 28 (C) five days before entering a plea that results in a finding of 29 guilt or at a time specified by the court unless the defendant waives the notice 30 requirement. 31  * Sec. 78. AS 12.61.015(a) is amended to read: 01 (a) If a victim of a felony or a crime involving domestic violence requests, the 02 prosecuting attorney shall make a reasonable effort to 03 (1) confer with the person against whom the offense has been 04 perpetrated about that person's testimony before the defendant's trial; 05 (2) in a manner reasonably calculated to give prompt actual notice, 06 notify the victim 07 (A) of the defendant's conviction and the crimes of which the 08 defendant was convicted; 09 (B) of the victim's right in a case that is a felony to make a 10 written or oral statement for use in preparation of the defendant's presentence 11 report, and of the victim's right to appear personally at the defendant's 12 sentencing hearing to present a written statement and to give sworn testimony 13 or an unsworn oral presentation; 14 (C) of the address and telephone number of the office that will 15 prepare the presentence report; and 16 (D) of the time and place of the sentencing proceeding; 17 (3) notify the victim in writing of the final disposition of the case 18 within 30 days after final disposition of the case; 19 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC 20 VIOLENCE] concerning a proposed plea agreement before entering into an 21 agreement; 22 (5) inform the victim of a pending motion that may substantially delay 23 the prosecution and inform the court of the victim's position on the motion; in this 24 paragraph, a "substantial delay" is 25 (A) for a misdemeanor, a delay of one month or longer; 26 (B) for a felony, a delay of two months or longer; and 27 (C) for an appeal, a delay of six months or longer. 28  * Sec. 79. AS 22.35.030 is amended by adding a new subsection to read: 29 (b) Notwithstanding (a) of this section, the Alaska Court System shall publish 30 the court record of a person who is granted a suspended entry of judgment under 31 AS 12.55.078 on a publicly available website with a notation indicating a suspended 01 entry of judgment. 02  * Sec. 80. AS 28.15.165 is amended by adding a new subsection to read: 03 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 04 license has been revoked under this section as a result of a refusal to submit to a 05 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 06 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 07 municipal ordinance in which the test produced a result described in 08 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 09 department shall rescind a revocation under this subsection if the department finds that 10 the person has supplied proof in a form satisfactory to the department that 11 (1) the person has been acquitted of driving while under the influence 12 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 13 similar municipal ordinance for the incident on which the revocation was based; or 14 (2) all criminal charges against the person for driving while under the 15 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 16 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 17 the incident on which the revocation is based have been dismissed without prejudice. 18  * Sec. 81. AS 28.15.181(f) is amended to read: 19 (f) The court may terminate a revocation for an offense described in (a)(5) or 20 (8) of this section if 21 (1) either 22 (A) the person's license, privilege to drive, or privilege to 23 obtain a license has been revoked for the minimum periods set out in (c) of this 24 section; or 25 (B) the person  26 (i) has successfully completed a court-ordered  27 treatment program under AS 28.35.028;  28 (ii) has not been convicted of a violation of  29 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or  30 another jurisdiction since completing the program; and  31 (iii) has been granted limited license privileges under  01 AS 28.15.201(g) and has successfully driven for three years under  02 that limited license without having the limited license privileges  03 revoked; and 04 (2) the person complies with the provisions of AS 28.15.211(d) and 05 (e). 06  * Sec. 82. AS 28.15.201 is amended by adding new subsections to read: 07 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 08 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 09 department when revoking a driver's license, privilege to drive, or privilege to obtain a 10 license under AS 28.15.165(c), may grant limited license privileges if 11 (1) the revocation was for a felony conviction under AS 28.35.030; 12 (2) the person has successfully participated for at least six months in, 13 or has successfully completed, a court-ordered treatment program under 14 AS 28.35.028; 15 (3) the person provides proof of insurance as required by AS 28.20.230 16 and 28.20.240; 17 (4) the person is required to use an ignition interlock device during the 18 period of the limited license whenever the person operates a motor vehicle in a 19 community not included in the list published by the department under 20 AS 28.22.011(b) and, when applicable, 21 (A) the person provides proof of installation of the ignition 22 interlock device on every vehicle the person operates; 23 (B) the person signs an affidavit acknowledging that 24 (i) operation by the person of a vehicle that is not 25 equipped with an ignition interlock device is subject to penalties for 26 driving with a revoked license; 27 (ii) circumventing or tampering with the ignition 28 interlock device is a class A misdemeanor; and 29 (iii) the person is required to maintain the ignition 30 interlock device throughout the period of the limited license, to keep 31 up-to-date records in each vehicle showing that any required service 01 and calibration is current, and to produce those records immediately on 02 request; 03 (5) the person is enrolled in and is in compliance with or has 04 successfully completed the alcoholism screening, evaluation, referral, and program 05 requirements of the Department of Health and Social Services under AS 28.35.030(h); 06 (6) the person has not previously been granted a limited license under 07 this subsection and had the license revoked under (h) of this section; 08 (7) the person is participating in a program established under 09 AS 47.38.020 for a minimum of 120 days from the date a limited license is granted 10 under this section. 11 (h) The court or the department may immediately revoke a limited license 12 granted under (g) of this section if the person is convicted of a violation of 13 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 14 or if the person is not in compliance with a court-ordered treatment program under 15 AS 28.35.028. 16 * Sec. 83. AS 28.15.291(a) is repealed and reenacted to read: 17 (a) A person commits the crime of driving while license canceled, suspended, 18 revoked, or in violation of a limitation if the person drives 19 (1) a motor vehicle on a highway or vehicular way or area at a time 20 when that person's driver's license, privilege to drive, or privilege to obtain a license 21 has been canceled, suspended, or revoked under circumstances described in 22 AS 28.15.181(c) or a similar law in another jurisdiction; 23 (2) a motor vehicle on a highway or vehicular way or area at a time 24 when that person's driver's license, privilege to drive, or privilege to obtain a license 25 has been canceled, suspended, or revoked under circumstances other than those 26 described in (1) of this subsection; or 27 (3) in violation of a limitation placed on that person's license or 28 privilege to drive in this or another jurisdiction. 29  * Sec. 84. AS 28.15.291(b) is repealed and reenacted to read: 30 (b) Driving while license canceled, suspended, revoked, or in violation of a 31 limitation is 01 (1) a class A misdemeanor if the person violates (a)(1) of this section; 02 upon conviction the court shall impose a minimum sentence of imprisonment of not 03 less than 10 days 04 (A) with 10 days suspended if the person has not been 05 previously convicted under (a)(1) of this section or a similar law of another 06 jurisdiction; or 07 (B) if the person has been previously convicted under (a)(1) of 08 this section or a similar law in another jurisdiction; 09 (2) an infraction if the person violates (a)(2) or (3) of this section. 10  * Sec. 85. AS 28.35.028(b) is amended to read: 11 (b) Once the court elects to proceed under this section, the defendant shall 12 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 13 as appropriate. The state and the defendant may enter into a plea agreement to 14 determine the offense or offenses to which the defendant is required to plead. If the 15 court accepts the agreement, the court shall enforce the terms of the agreement. The 16 court shall enter a judgment of conviction for the offense or offenses for which the 17 defendant has pleaded or an order finding that the defendant has violated probation, as 18 appropriate. A judgment of conviction or an order finding a probation violation must 19 set a schedule for payment of restitution owed by the defendant. In a judgment of 20 conviction and on probation conditions that the court considers appropriate, the court 21 may withhold pronouncement of a period of imprisonment or a fine to provide an 22 incentive for the defendant to complete recommended treatment successfully. 23 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 24 mandatory minimum or other sentencing provision applicable to the offense. 25 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 26 other provision of law, the court, at any time after the period when a reduction of 27 sentence is normally available, may consider and reduce the defendant's sentence,  28 including imprisonment, fine, or license revocation, based on the defendant's 29 compliance with the treatment plan; when reducing a sentence, the court (1) may not 30 reduce the sentence below the mandatory minimum sentence for the offense unless the 31 court finds that the defendant has successfully complied with and completed the 01 treatment plan and that the treatment plan approximated the severity of the minimum 02 period of imprisonment, and (2) may consider the defendant's compliance with the 03 treatment plan as a mitigating factor allowing a reduction of a sentence under 04 AS 12.55.155(a). A court entering an order finding the defendant has violated 05 probation may withhold pronouncement of disposition to provide an incentive for the 06 defendant to complete the recommended treatment successfully. 07  * Sec. 86. AS 28.35.030(k) is amended to read: 08 (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT 09 A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a 10 private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL 11 CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available, 12 imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a  13 private residence by other means determined by the commissioner of corrections  14 [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER 15 OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section 16 may be served at a community residential center or at a private residence if approved 17 by the commissioner of corrections. Imprisonment served at a private residence must 18 include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not  19 available, by other means as determined by the commissioner of corrections. The 20 cost of imprisonment resulting from the sentence imposed under (b)(1) of this section 21 shall be paid to the state by the person being sentenced. The [PROVIDED, 22 HOWEVER, THAT THE] cost of imprisonment required to be paid under this 23 subsection may not exceed $2,000. Upon the person's conviction, the court shall 24 include the costs of imprisonment as a part of the judgment of conviction. Except for 25 reimbursement from a permanent fund dividend as provided in this subsection, 26 payment of the cost of imprisonment is not required if the court determines the person 27 is indigent. For costs of imprisonment that are not paid by the person as required by 28 this subsection, the state shall seek reimbursement from the person's permanent fund 29 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 30 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 31 SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM AT 01 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 02 under (b)(1)(B) of this section shall perform at least 160 hours of community service 03 work, as required by the director of the community residential center or other 04 appropriate place, or as required by the commissioner of corrections if the sentence is 05 being served at a private residence. In this subsection, "appropriate place" means a 06 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 07 residence, and includes a correctional center, residential treatment facility, hospital, 08 halfway house, group home, work farm, work camp, or other place that provides 09 varying levels of restriction. 10  * Sec. 87. AS 28.35.030(l) is amended to read: 11 (l) The commissioner of corrections shall determine and prescribe by 12 regulation a uniform average cost of imprisonment for the purpose of determining the 13 cost of imprisonment required to be paid under (k) of this section by a convicted 14 person. The regulations must include the costs associated with electronic  15 monitoring under AS 33.30.065.  16  * Sec. 88. AS 28.35.030(o) is amended to read: 17 (o) Upon request, the department shall review a driver's license revocation 18 imposed under (b) or (n)(3) of this section and 19 (1) may restore the driver's license if 20 (A) [(1)] the license has been revoked for a period of at least 10 21 years; 22 (B) [(2)] the person has not been convicted of a criminal 23 offense since the license was revoked; and 24 (C) [(3)] the person provides proof of financial responsibility;  25 (2) shall restore the driver's license if  26 (A) the person has been granted limited license privileges  27 under AS 28.15.201(g) and has successfully driven under that limited  28 license for three years without having the limited license privileges  29 revoked;  30 (B) the person has successfully completed a court-ordered  31 treatment program under AS 28.35.028;  01 (C) the court previously terminated the person's revocation  02 as provided in AS 28.15.181(f)(1)(B);  03 (D) the person has not been convicted of a violation of  04 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another  05 jurisdiction since the license was revoked;  06 (E) the person's privilege to drive may be restored as  07 provided in AS 28.15.211; and  08 (F) the person provides proof of financial responsibility. 09  * Sec. 89. AS 28.35.032(o) is amended to read: 10 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a  11 private residence by electronic monitoring under AS 33.30.065. If electronic  12 monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A 13 COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under  14 (g)(1)(A) of this section shall be served at a private residence by other means as  15 determined by the commissioner of corrections [AT ANOTHER APPROPRIATE 16 PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. 17 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 18 community residential center or at a private residence if approved by the 19 commissioner of corrections. Imprisonment served at a private residence must include 20 electronic monitoring under AS 33.30.065 or, if electronic monitoring is not  21 available, shall be served by other means as determined by the commissioner of  22 corrections. The cost of imprisonment resulting from the sentence imposed under 23 (g)(1) of this section shall be paid to the state by the person being sentenced. The 24 [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid 25 under this subsection may not exceed $2,000. Upon the person's conviction, the court 26 shall include the costs of imprisonment as a part of the judgment of conviction. Except 27 for reimbursement from a permanent fund dividend as provided in this subsection, 28 payment of the cost of imprisonment is not required if the court determines the person 29 is indigent. For costs of imprisonment that are not paid by the person as required by 30 this subsection, the state shall seek reimbursement from the person's permanent fund 31 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 01 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 02 SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT 03 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 04 under (g)(1)(B) of this section shall perform at least 160 hours of community service 05 work, as required by the director of the community residential center or other 06 appropriate place, or as required by the commissioner of corrections if the sentence is 07 being served at a private residence. In this subsection, "appropriate place" means a 08 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 09 residence, and includes a correctional center, residential treatment facility, hospital, 10 halfway house, group home, work farm, work camp, or other place that provides 11 varying levels of restriction. 12  * Sec. 90. AS 29.10.200(21) is amended to read: 13 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN 14 CIVIL ACTIONS)]; 15  * Sec. 91. AS 29.25.070(a) is amended to read: 16 (a) For the violation of an ordinance, a municipality may by ordinance 17 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days,  18 except as limited by (g) of this section. For a violation that cannot result in 19 incarceration or the loss of a valuable license, a municipality may allow disposition of 20 the violation without court appearance and establish a schedule of fine amounts for 21 each offense. 22  * Sec. 92. AS 29.25.070 is amended by adding a new subsection to read: 23 (g) If a municipality prescribes a penalty for a violation of a municipal 24 ordinance, including a violation under (a) of this section, and there is a comparable 25 state offense under AS 11 or AS 28 with elements that are similar to the municipal 26 ordinance, the municipality may not impose a greater punishment than that imposed 27 for a violation of the state law. This subsection applies to home rule and general law 28 municipalities. 29  * Sec. 93. AS 33.05.020 is amended by adding new subsections to read: 30 (g) The commissioner shall establish an administrative sanction and incentive 31 program to facilitate a swift and effective response to a probationer's compliance with 01 or violation of the conditions of probation. The commissioner shall adopt regulations 02 to implement the program. At a minimum, the regulations must include 03 (1) a decision-making process to guide probation officers in 04 determining the suitable response to positive and negative offender behavior that 05 includes a list of sanctions for the most common types of negative behavior, including 06 technical violations of conditions of probation, and a list of incentives for compliance 07 with conditions and positive behavior that exceeds those conditions; 08 (2) policies and procedures that ensure 09 (A) a process for responding to negative behavior that includes 10 a review of previous violations and sanctions; 11 (B) that enhanced sanctions for certain negative conduct are 12 approved by the commissioner or the commissioner's designee; and 13 (C) that appropriate due process protections are included in the 14 process, including notice of negative behavior, an opportunity to dispute the 15 accusation and the sanction, and an opportunity to request a review of the 16 accusation and the sanction. 17 (h) The commissioner shall establish by regulation a program allowing 18 probationers to earn credits for complying with the conditions of probation. The 19 credits earned reduce the period of probation. Nothing in this subsection prohibits the 20 department from recommending to the court the early discharge of the probationer as 21 provided in AS 33.30. At a minimum, the regulations must 22 (1) require that a probationer earn a credit of 30 days for each month 23 served in which the defendant complied with the conditions of probation; 24 (2) include policies and procedures for 25 (A) calculating and tracking credits earned by probationers; 26 (B) reducing the probationer's period of probation based on 27 credits earned by the probationer; 28 (C) notifying the court at least 30 days before the earliest date 29 the probationer's period of probation will be served based on credits earned by 30 the probationer; and 31 (D) notifying a victim under AS 33.30.013.  01 * Sec. 94. AS 33.05.040 is amended to read: 02 Sec. 33.05.040. Duties of probation officers. A probation officer shall 03 (1) furnish to each probationer under the supervision of the officer a 04 written statement of the conditions of probation and shall instruct the probationer 05 regarding the same; 06 (2) keep informed concerning the conduct and condition of each 07 probationer under the supervision of the officer and shall report on the probationer to 08 the court placing the [SUCH] person on probation; 09 (3) use all suitable methods, not inconsistent with the conditions 10 imposed by the court, to aid probationers and to bring about improvements in their 11 conduct and condition; 12 (4) keep records of the probation work, including administrative  13 sanctions and incentives the probation officer imposes under AS 33.05.020(g), 14 keep accurate and complete accounts of all money collected from persons under the 15 supervision of the officer, give receipts for money collected and make at least monthly 16 returns of it, make the reports to the court and the commissioner required by them, and 17 perform other duties the court may direct; 18 (5) perform the [SUCH] duties with respect to persons on parole as the 19 commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole 20 officer;  21 (6) use administrative sanctions and incentives developed under  22 AS 33.05.020(g) to respond to a probationer's negative and positive behavior,  23 including responses to technical violations of conditions of probation, in a way  24 that is intended to interrupt negative behavior in a swift, certain, and  25 proportional manner and support progress with a recognition of positive  26 behavior; and  27 (7) upon determining that a probationer under the supervision of  28 the officer meets the requirements of AS 12.55.090(g), recommend to the court as  29 soon as practicable that probation be terminated and the probationer be  30 discharged from probation. 31  * Sec. 95. AS 33.05.080 is amended by adding a new paragraph to read: 01 (3) "administrative sanctions and incentives" means responses by a 02 probation officer to a probationer's compliance with or violation of the conditions of 03 probation under AS 33.05.020(g). 04  * Sec. 96. AS 33 is amended by adding a new chapter to read: 05 Chapter 07. Pretrial Services Program.  06 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 07 shall establish and administer a pretrial services program that provides a pretrial risk 08 assessment for all defendants, recommendations to the court concerning pretrial 09 release decisions, and supervision of defendants released while awaiting trial as 10 ordered by the court. 11 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 12 shall 13 (1) appoint and make available to the superior court and district court 14 qualified pretrial services officers; 15 (2) fix pretrial services officers' salaries; 16 (3) assign pretrial services officers to each judicial district; 17 (4) provide for the necessary supervision, training, expenses, including 18 clerical services, and travel of pretrial services officers; 19 (5) approve a risk assessment instrument that is objective, 20 standardized, and developed based on analysis of empirical data and risk factors 21 relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 22 and the likelihood of rearrest during the pretrial period, and that is validated on the 23 state's pretrial population; and 24 (6) adopt regulations in consultation with the Department of Law, the 25 public defender, the Department of Public Safety, the office of victims' rights, and the 26 Alaska Court System, consistent with this chapter and as necessary to implement the 27 program; the regulations must include a process for pretrial services officers to make a 28 recommendation to the court concerning a pretrial release decision and guidelines for 29 pretrial diversion recommendations. 30 Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services 31 officers shall, in advance of a first appearance before a judicial officer under 01 AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument 02 approved by the commissioner for the purpose of making a recommendation to the 03 court concerning an appropriate pretrial release decision and conditions of release. In 04 conducting a pretrial risk assessment and making a recommendation to the court, the 05 department shall follow the decision-making process established by regulation under 06 this chapter. The pretrial risk assessment shall be completed and presented to the court 07 in a pretrial release report that contains a risk assessment rating of low, moderate, or 08 high and a recommendation regarding release and release conditions before the 09 defendant's first appearance before a judicial officer. 10 (b) A pretrial services officer shall make a recommendation under (a) of this 11 section for pretrial release to the court based on factors that include the results of a 12 pretrial risk assessment, the offense charged, and the least restrictive condition or 13 conditions that will reasonably ensure the appearance of the person in court and the 14 safety of the victim, other persons, and the community. The recommendation must 15 take into account 16 (1) the defendant's risk rating; 17 (2) the appropriateness for release on the defendant's own 18 recognizance or upon the execution of an unsecured appearance bond, unsecured 19 performance bond, or both; and 20 (3) the appropriateness of nonmonetary release conditions permitted 21 under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those 22 conditions by a pretrial services officer for defendants who are recommended for 23 release. 24 (c) A pretrial services officer shall recommend for release on personal 25 recognizance, upon execution of an unsecured appearance bond, or upon execution of 26 an unsecured performance bond, with nonmonetary conditions as appropriate, if a 27 defendant is charged with 28 (1) a misdemeanor, unless that misdemeanor is 29 (A) a crime involving domestic violence, as defined in 30 AS 18.66.990; 31 (B) a crime against the person under AS 11.41; 01 (C) an offense under AS 11.56.730 or 11.56.757; 02 (2) a class C felony unless that felony is 03 (A) a crime involving domestic violence, as defined in 04 AS 18.66.990; 05 (B) a crime against the person under AS 11.41; 06 (C) an offense under AS 11.56.730; 07 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has 08 been assessed as being low or moderate risk on the pretrial risk assessment. 09 (d) A pretrial services officer shall recommend release on personal 10 recognizance, upon execution of an unsecured appearance bond, or upon execution of 11 an unsecured performance bond, with nonmonetary conditions as appropriate, unless 12 the pretrial services officer finds 13 (1) by substantial evidence that no nonmonetary conditions of release 14 in combination with release on personal recognizance or upon execution of unsecured 15 bond can reasonably ensure public safety and appearance in court; and 16 (2) the defendant has been charged with 17 (A) an offense under AS 28.33.030 or 28.33.032, and the 18 offender has been assessed as high risk under a pretrial risk assessment; 19 (B) an offense under AS 11.56.730 or 11.56.757, and the 20 offender has been assessed as low to moderate risk under a pretrial risk 21 assessment; or 22 (C) any other offense, and the defendant has been assessed as 23 being low risk under a pretrial risk assessment. 24 (e) A pretrial services officer may supervise a defendant released during the 25 pretrial period, imposing the least restrictive level of supervision that will reasonably 26 ensure the appearance of the person in court and the safety of the victim, other 27 persons, and the community, and prioritizing higher levels of supervision for a 28 defendant accused of serious charges or assessed as moderate or high risk under a 29 pretrial risk assessment. The commissioner may, in accordance with AS 36.30, 30 procure and enter into agreements or contracts for the supervision of defendants on 31 electronic monitoring during the pretrial period. 01 (f) A pretrial services officer may 02 (1) recommend pretrial diversion to the court and parties before 03 adjudication in accordance with the guidelines established by the commissioner under 04 AS 33.07.020(6); 05 (2) arrest a defendant who has been released pretrial without a warrant 06 if the officer has probable cause to believe the defendant has committed an offense 07 under AS 11.56.730 or 11.56.757 or has violated the defendant's release conditions; 08 (3) refer interested defendants for substance abuse screening, 09 assessment, and treatment on a voluntary basis; 10 (4) require that a defendant charged with an offense involving the use 11 of alcohol or controlled substances comply with a program established under 12 AS 47.38.020; and 13 (5) coordinate with community-based organizations and tribal courts 14 and councils to develop and expand pretrial diversion options. 15 Sec. 33.07.040. Pretrial services officers as officers of court. (a) All pretrial 16 services officers shall be available to the superior and district courts and shall be 17 officers of the court. 18 (b) The appointment of a pretrial services officer shall be entered on the 19 journal of the court in the judicial district where the pretrial services officer is 20 assigned, and one copy of the journal entry shall be sent to the administrative director 21 of the Alaska Court System. 22 Sec. 33.07.090. Definitions. In this chapter, 23 (1) "commissioner" means the commissioner of corrections; 24 (2) "program" means the pretrial services program. 25  * Sec. 97. AS 33.16.010(c) is amended to read: 26 (c) A prisoner who is not eligible for special medical, administrative, or 27 discretionary parole, or who is not released on special medical, administrative, or 28 discretionary parole, shall be released on mandatory parole for the term of good time 29 deductions credited under AS 33.20, if the term or terms of imprisonment are two 30 years or more. 31  * Sec. 98. AS 33.16.010(d) is amended to read: 01 (d) A prisoner released on special medical, administrative, discretionary, or 02 mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. 03 Parole may be revoked under AS 33.16.220. 04  * Sec. 99. AS 33.16.010 is amended by adding a new subsection to read: 05 (f) A prisoner eligible under AS 33.16.089 shall be released on administrative 06 parole by the board of parole. 07  * Sec. 100. AS 33.16.060(a) is amended to read: 08 (a) The board shall 09 (1) serve as the parole authority for the state; 10 (2) [UPON RECEIPT OF AN APPLICATION,] consider the 11 suitability for parole of a prisoner who is eligible for discretionary parole at least 90  12 days before the prisoner's first date of eligibility and upon receipt of the  13 prisoner's application for special medical [OR DISCRETIONARY] parole; 14 (3) impose parole conditions on all prisoners released under special  15 medical, administrative, discretionary, or mandatory parole; 16 (4) under AS 33.16.210, discharge a person from parole when custody 17 is no longer required; 18 (5) maintain records of the meetings and proceedings of the board; 19 (6) recommend to the governor and the legislature changes in the law 20 administered by the board; 21 (7) recommend to the governor or the commissioner changes in the 22 practices of the department and of other departments of the executive branch 23 necessary to facilitate the purposes and practices of parole; 24 (8) upon request of the governor, review and recommend applicants 25 for executive clemency; and 26 (9) execute other responsibilities prescribed by law. 27  * Sec. 101. AS 33.16 is amended by adding a new section to read: 28 Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner 29 convicted of a class B or C felony that is not a sex offense as defined in AS 12.63.100 30 who has not been previously convicted of a felony in this or another jurisdiction and 31 who has been sentenced to an active term of imprisonment of at least 181 days shall be 01 released on administrative parole by the board without a hearing if 02 (1) the prisoner has served the greater of 03 (A) one-fourth of the active term of imprisonment imposed; 04 (B) the mandatory minimum term of imprisonment imposed; or 05 (C) a term of imprisonment imposed under AS 12.55.115; 06 (2) the prisoner is not excluded from eligibility for administrative 07 parole by court order; 08 (3) the prisoner has agreed to and signed the conditions of parole under 09 AS 33.16.050; 10 (4) the victim does not request a hearing to consider issues of public 11 safety under AS 33.16.120; and 12 (5) the prisoner has met the requirements of the case plan established 13 under AS 33.30.011(8). 14 (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 15 does not meet the criteria for release on administrative parole under (a) of this section, 16 the board shall consider the prisoner for discretionary parole. 17 (c) If a victim makes a request at least 60 days before the prisoner's earliest 18 parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the 19 hearing not later than 30 days before the prisoner's earliest parole eligibility date. The 20 board may release or deny release of a prisoner on administrative parole after the 21 hearing. 22 (d) The board shall send notice to the victim at least 90 days before the 23 prisoner's earliest parole eligibility date and provide instructions on how to request a 24 hearing under AS 33.16.120. 25  * Sec. 102. AS 33.16.090(a) is amended to read: 26 (a) A prisoner sentenced to an active term of imprisonment of at least 181 27 days and who has not been released on administrative parole as provided in  28 AS 33.16.089 may, in the discretion of the board, be released on discretionary parole 29 if the prisoner 30 (1) has served the amount of time specified under (b) of this section, 31 except that 01 (A) [(1)] a prisoner sentenced to one or more mandatory 99- 02 year terms under AS 12.55.125(a) or one or more definite terms under 03 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 04 (B) [(2)] a prisoner is not eligible for consideration of 05 discretionary parole if made ineligible by order of a court under AS 12.55.115; 06 (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not 07 eligible for discretionary parole unless the actual term of imprisonment is more 08 than one year; or  09 (2) is at least 60 years of age, has served at least 10 years of a  10 sentence for one or more crimes in a single judgment, and has not been convicted  11 of an unclassified felony or a sexual felony as defined in AS 12.55.185. 12  * Sec. 103. AS 33.16.090(b) is amended to read: 13 (b) A prisoner eligible under (a)(1) of this section who is sentenced 14 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 15 released on discretionary parole until the prisoner has served the mandatory minimum 16 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 17 imposed, or any term set under AS 12.55.115, whichever is greatest; 18 (2) to a single sentence within or below a presumptive range set out in 19 AS 12.55.125(i)(1)(C) - (F) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], 20 and has not been allowed by the three-judge panel under AS 12.55.175 to be 21 considered for discretionary parole release, may not be released on discretionary 22 parole until the prisoner has served the term imposed, less good time earned under 23 AS 33.20.010; 24 (3) to a single sentence under AS 12.55.125(i)(1)(C) - (F) 25 [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], and has been allowed by the 26 three-judge panel under AS 12.55.175 to be considered for discretionary parole release 27 during the second half of the sentence, may not be released on discretionary parole 28 until 29 (A) the prisoner has served that portion of the active term of 30 imprisonment required by the three-judge panel; and 31 (B) in addition to the factors set out in AS 33.16.100(a), the 01 board determines that 02 (i) the prisoner has successfully completed all 03 rehabilitation programs ordered by the three-judge panel that were 04 made available to the prisoner; and 05 (ii) the prisoner would not constitute a danger to the 06 public if released on parole; 07 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 08 the applicable presumptive range may not be released on discretionary parole until the 09 prisoner has served the greater of the following: 10 (A) an amount of time, less good time earned under 11 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 12 of the amount of time above the presumptive range; or 13 (B) any term set under AS 12.55.115; 14 (5) to a single sentence under any other provision of law may not be 15 released on discretionary parole until the prisoner has served at least one-fourth of the 16 active term of imprisonment, any mandatory minimum sentence imposed under any 17 provision of law, or any term set under AS 12.55.115, whichever is greatest; 18 (6) to concurrent sentences may not be released on discretionary parole 19 until the prisoner has served the greatest of 20 (A) any mandatory minimum sentence or sentences imposed 21 under any provision of law; 22 (B) any term set under AS 12.55.115; or 23 (C) the amount of time that is required to be served under (1) - 24 (5) of this subsection for the sentence imposed for the primary crime, had that 25 been the only sentence imposed; 26 (7) to consecutive or partially consecutive sentences may not be 27 released on discretionary parole until the prisoner has served the greatest of 28 (A) the composite total of any mandatory minimum sentence or 29 sentences imposed under any provision of law, including AS 12.55.127; 30 (B) any term set under AS 12.55.115; or 31 (C) the amount of time that is required to be served under (1) - 01 (5) of this subsection for the sentence imposed for the primary crime, had that 02 been the only sentence imposed, plus one-quarter of the composite total of the 03 active term of imprisonment imposed as consecutive or partially consecutive 04 sentences imposed for all crimes other than the primary crime. 05  * Sec. 104. AS 33.16.100(a) is amended to read: 06 (a) The board may authorize the release of a prisoner convicted of an  07 unclassified felony who is otherwise eligible under AS 12.55.115 and  08 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 09 exists that 10 (1) the prisoner will live and remain at liberty without violating any 11 laws or conditions imposed by the board; 12 (2) the prisoner's rehabilitation and reintegration into society will be 13 furthered by release on parole; 14 (3) the prisoner will not pose a threat of harm to the public if released 15 on parole; and 16 (4) release of the prisoner on parole would not diminish the 17 seriousness of the crime. 18  * Sec. 105. AS 33.16.100(b) is amended to read: 19 (b) If the board finds a change in circumstances in a prisoner's preparole  20 reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED 21 UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who 22 has been granted a parole release date, the board may rescind or revise the previously 23 granted parole release date. In reconsidering the release date, the procedures set out in 24 AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed. 25  * Sec. 106. AS 33.16.100 is amended by adding new subsections to read: 26 (f) The board shall authorize the release of a prisoner who has been convicted 27 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole 28 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created 29 under AS 33.30.011(8), has agreed to and signed the condition of parole under 30 AS 33.16.150, and has not been released on administrative parole under AS 33.16.089, 31 unless the board finds by clear and convincing evidence on the record that the prisoner 01 poses a threat of harm to the public if released on parole. If the board finds that the 02 incomplete case plan is not the fault of the prisoner or that the prisoner would not pose 03 a threat of harm to the public if released on parole, the board may waive the case plan 04 requirement. 05 (g) When considering a prisoner for release on discretionary parole under 06 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 07 prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior 08 in prison, participation in treatment, and plans for reentering the community, a 09 reasonable probability exists that 10 (1) the prisoner will live and remain at liberty without violating any 11 laws or conditions imposed by the board; 12 (2) the prisoner's rehabilitation and reintegration into society will be 13 furthered by release on parole; 14 (3) the prisoner will not pose a threat of harm to the public if released 15 on parole; and 16 (4) release of the prisoner on parole would not diminish the 17 seriousness of the crime. 18  * Sec. 107. AS 33.16.110(a) is amended to read: 19 (a) In determining whether a prisoner is suitable for discretionary parole, the 20 board shall consider the preparole reports including 21 (1) the presentence report made to the sentencing court; 22 (2) the recommendations made by the sentencing court, by the 23 prosecuting attorney, and by the defense attorney, and any statements made by the 24 victim or the prisoner at sentencing; 25 (3) the prisoner's institutional conduct history while incarcerated; 26 (4) recommendations made by the staff of the correctional facilities in 27 which the prisoner was incarcerated; 28 (5) reports of prior crimes, juvenile histories, and previous experiences 29 of the prisoner on parole or probation; 30 (6) physical, mental, and psychiatric examinations of the prisoner; 31 (7) information submitted by the prisoner, the sentencing court, the 01 victim of the crime, the prosecutor, or other persons having knowledge of the prisoner 02 or the crime; 03 (8) information concerning an unjustified disparity in the sentence 04 imposed on a prisoner in relation to other sentences imposed under similar 05 circumstances; [AND] 06 (9) other relevant information that may be reasonably available;  07 (10) the case plan created under AS 33.30.011(8) for the prisoner,  08 including a compliance report on the case plan; and  09 (11) a reentry plan created under AS 33.30.011(9). 10  * Sec. 108. AS 33.16.120(a) is amended to read: 11 (a) If the victim of a crime against a person or arson in the first degree 12 requests notice of a scheduled hearing to review or consider discretionary parole for a 13 prisoner convicted of that crime, the board shall send notice of the hearing to the 14 victim at least 30 days before the hearing. The notice must be accompanied by a copy 15 of the prisoner's preparole reports listed in AS 33.16.110 [APPLICATION FOR 16 PAROLE SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the 17 preparole reports [APPLICATION] sent to the victim may not include the prisoner's 18 confidential health information, information protected under AS 33.16.170,  19 proposed residence, or [AND] employment addresses. 20  * Sec. 109. AS 33.16.120(f) is amended to read: 21 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 22 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the 23 victim before the prisoner's release date. Notification under this subsection must 24 include the expected date of the prisoner's release, the geographic area in which the 25 prisoner is required to reside, and other pertinent information concerning the prisoner's 26 conditions of parole that may affect the victim. 27  * Sec. 110. AS 33.16.120(g) is amended to read: 28 (g) A victim of a crime involving domestic violence or of a sexual assault  29 under AS 11.41.200 - 11.41.230 shall be informed by the board at least 30 days in 30 advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for 31 a prisoner. The board shall inform the victim of any decision to grant or deny 01 [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the 02 prisoner is to be released, the victim shall be notified of the expected date of the 03 release, the geographic area in which the prisoner will reside, and any other 04 information concerning conditions of parole that may affect the victim. The victim 05 shall also be informed of any changes in the conditions of parole that may affect the 06 victim. The board shall send the notice required to the last known address of the 07 victim. A person may not bring a civil action for damages for a failure to comply with 08 the provisions of this subsection. 09  * Sec. 111. AS 33.16.120 is amended by adding a new subsection to read: 10 (h) A victim who has a right to notice under (a) of this section may request a 11 hearing before a prisoner is released on administrative parole under AS 33.16.089. The 12 notice to the victim must include the procedure and time frame for requesting a 13 hearing. 14  * Sec. 112. AS 33.16.130 is repealed and reenacted to read: 15 Sec. 33.16.130. Parole procedures; consultation before parole. (a) The 16 parole board shall hold a hearing before granting an eligible prisoner special medical 17 or discretionary parole. The board shall also hold a hearing if requested by a victim 18 under procedures established for the request for a prisoner eligible for administrative 19 parole. A hearing shall be conducted within the following time frames: 20 (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 21 days before the first parole eligibility date, unless the prisoner is eligible for 22 administrative parole; 23 (2) for all other prisoners, not less than 30 days after the board is 24 notified of the need for a hearing by the commissioner or the commissioner's designee. 25 (b) The commissioner or the commissioner's designee shall furnish a copy of 26 the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted 27 access to all records that the board will consider in making its decision except those 28 that are made confidential by law. The prisoner may also respond in writing to all 29 materials the board considers, be present at the hearing, and present evidence to the 30 board. 31 (c) If the board denies parole, the board shall state the reasons for the denial, 01 identify all of the factors considered relevant to the denial, and provide a written plan 02 for addressing all of the factors relevant to the denial. The board may schedule a 03 subsequent parole hearing at the time of the denial or at a later date as follows: 04 (1) for the first parole denial, within two years after the first parole 05 eligibility date; 06 (2) for the second and subsequent denials, within two years after the 07 most recent parole hearing. 08 (d) The board shall issue its decision in writing and provide a copy of the 09 decision to the prisoner. 10 (e) Before granting parole to a prisoner under this chapter, the board shall 11 consult with a corrections officer designated by the commissioner. 12  * Sec. 113. AS 33.16.140 is amended to read: 13 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 14 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 15 custody ends, shall be furnished to each prisoner released on special medical, 16 administrative, discretionary, or mandatory parole. 17  * Sec. 114. AS 33.16.150(a) is amended to read: 18 (a) As a condition of parole, a prisoner released on special medical, 19 administrative, discretionary, or mandatory parole 20 (1) shall obey all state, federal, or local laws or ordinances, and any 21 court orders applicable to the parolee; 22 (2) shall make diligent efforts to maintain steady employment or meet 23 family obligations; 24 (3) shall, if involved in education, counseling, training, or treatment, 25 continue in the program unless granted permission from the parole officer assigned to 26 the parolee to discontinue the program; 27 (4) shall report 28 (A) upon release to the parole officer assigned to the parolee; 29 (B) at other times, and in the manner, prescribed by the board 30 or the parole officer assigned to the parolee; 31 (5) shall reside at a stated place and not change that residence without 01 notifying, and receiving permission from, the parole officer assigned to the parolee; 02 (6) shall remain within stated geographic limits unless written 03 permission to depart from the stated limits is granted the parolee; 04 (7) may not use, possess, handle, purchase, give, distribute, or 05 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 06 drug for which a prescription is required under state or federal law without a 07 prescription from a licensed medical professional to the parolee; 08 (8) may not possess or control a firearm; in this paragraph, "firearm" 09 has the meaning given in AS 11.81.900; 10 (9) may not enter into an agreement or other arrangement with a law 11 enforcement agency or officer that will place the parolee in the position of violating a 12 law or parole condition without the prior approval of the board; 13 (10) may not contact or correspond with anyone confined in a 14 correctional facility of any type serving any term of imprisonment or a felon without 15 the permission of the parole officer assigned to a parolee; 16 (11) shall agree to waive extradition from any state or territory of the 17 United States and to not contest efforts to return the parolee to the state; 18 (12) shall provide a blood sample, an oral sample, or both, when 19 requested by a health care professional acting on behalf of the state to provide the 20 sample or samples, or an oral sample when requested by a juvenile or adult 21 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 22 released after a conviction of an offense requiring the state to collect the sample or 23 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 24 (13) from a conviction for a sex offense shall submit to regular 25 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 26 given in AS 12.63.100. 27  * Sec. 115. AS 33.16.150(b) is amended to read: 28 (b) The board may require as a condition of special medical, administrative, 29 discretionary, or mandatory parole, or a member of the board acting for the board 30 under (e) of this section may require as a condition of administrative or mandatory 31 parole, that a prisoner released on parole 01 (1) not possess or control a defensive weapon, a deadly weapon other 02 than an ordinary pocket knife with a blade three inches or less in length, or 03 ammunition for a firearm, or reside in a residence where there is a firearm capable of 04 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 05 weapon," "defensive weapon," and "firearm" have the meanings given in 06 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 07 (2) refrain from possessing or consuming alcoholic beverages; 08 (3) submit to reasonable searches and seizures by a parole officer, or a 09 peace officer acting under the direction of a parole officer; 10 (4) submit to appropriate medical, mental health, or controlled 11 substance or alcohol examination, treatment, or counseling; 12 (5) submit to periodic examinations designed to detect the use of 13 alcohol or controlled substances; the periodic examinations may include testing under 14 the program established under AS 33.16.060(c); 15 (6) make restitution ordered by the court according to a schedule 16 established by the board; 17 (7) refrain from opening, maintaining, or using a checking account or 18 charge account; 19 (8) refrain from entering into a contract other than a prenuptial contract 20 or a marriage contract; 21 (9) refrain from operating a motor vehicle; 22 (10) refrain from entering an establishment where alcoholic beverages 23 are served, sold, or otherwise dispensed; 24 (11) refrain from participating in any other activity or conduct 25 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 26 current circumstances, or perceived risk to the community, or from associating with 27 any other person that the board determines is reasonably likely to diminish the 28 rehabilitative goals of parole, or that may endanger the public; in the case of special 29 medical parole, for a prisoner diagnosed with a communicable disease, comply with 30 conditions set by the board designed to prevent the transmission of the disease. 31  * Sec. 116. AS 33.16.150(e) is amended to read: 01 (e) The board may designate a member of the board to act on behalf of the 02 board in imposing conditions of administrative or mandatory parole under (a) and (b) 03 of this section, in delegating imposition of conditions of administrative or mandatory 04 parole under (c) of this section, and in setting the period of compliance with the 05 conditions of administrative or mandatory parole under (d) of this section. The 06 decision of a member of the board under this section is the decision of the board. A 07 prisoner or parolee aggrieved by a decision of a member of the board acting for the 08 board under this subsection may apply to the board under AS 33.16.160 for a change 09 in the conditions of administrative or mandatory parole. 10  * Sec. 117. AS 33.16.150(f) is amended to read: 11 (f) In addition to other conditions of parole imposed under this section, the 12 board may impose as a condition of special medical, administrative, discretionary, or 13 mandatory parole for a prisoner serving a term for a crime involving domestic 14 violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a 15 requirement that, at the prisoner's expense, the prisoner participate in and complete, to 16 the satisfaction of the board, a program for the rehabilitation of perpetrators of 17 domestic violence that meets the standards set by, and that is approved by, the 18 department under AS 44.28.020(b); and (3) any other condition necessary to 19 rehabilitate the prisoner. The board shall establish procedures for the exchange of 20 information concerning the parolee with the victim and for responding to reports of 21 nonattendance or noncompliance by the parolee with conditions imposed under this 22 subsection. The board may not under this subsection require a prisoner to participate 23 in and complete a program for the rehabilitation of perpetrators of domestic violence 24 unless the program meets the standards set by, and is approved by, the department 25 under AS 44.28.020(b). 26  * Sec. 118. AS 33.16.150(g) is amended to read: 27 (g) In addition to other conditions of parole imposed under this section for a 28 prisoner serving a sentence for an offense where the aggravating factor provided in 29 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 30 condition of special medical, administrative, discretionary, and mandatory parole a 31 requirement that the prisoner submit to electronic monitoring. Electronic monitoring 01 under this subsection must comply with AS 33.30.011(10) and provide for 02 monitoring of the prisoner's location and movements by Global Positioning System 03 technology. The board shall require a prisoner serving a period of parole 04 [PROBATION] with electronic monitoring as provided under this subsection to pay 05 all or a portion of the costs of the electronic monitoring, but only if the prisoner has 06 sufficient financial resources to pay the costs or a portion of the costs. A prisoner 07 subject to electronic monitoring under this subsection is not entitled to a credit for 08 time served in a correctional facility while the defendant is on parole. In this 09 subsection, "correctional facility" has the meaning given in AS 33.30.901. 10  * Sec. 119. AS 33.16.150 is amended by adding a new subsection to read: 11 (h) In addition to other conditions of parole imposed under this section, for a 12 prisoner serving a sentence for an offense involving the use of alcohol or controlled 13 substances, the board may impose, as a condition of special medical, administrative, 14 discretionary, or mandatory parole, a requirement that the prisoner comply with a 15 program established under AS 33.16.060(c) or AS 47.38.020. The board may require a 16 prisoner serving a period of parole and complying with a program established under 17 AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with 18 the program. 19  * Sec. 120. AS 33.16.180 is amended to read: 20 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 21 (1) conduct investigations of prisoners eligible for administrative or  22 discretionary parole, as requested by the board and as provided in this section; 23 (2) supervise the conduct of parolees; 24 (3) appoint and assign parole officers and personnel; 25 (4) provide the board, within 30 days after sentencing, information on 26 a sentenced prisoner who may be eligible for administrative parole under  27 AS 33.16.089 or discretionary parole under AS 33.16.090; 28 (5) notify the board and provide information on a prisoner 120 days 29 before the prisoner's mandatory release date, if the prisoner is to be released on [TO] 30 mandatory parole; [AND] 31 (6) maintain records, files, and accounts as requested by the board;  01 (7) prepare preparole reports under AS 33.16.110(a);  02 (8) notify the board in writing of a prisoner's compliance or  03 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not  04 less than 30 days before the prisoner's next parole eligibility date or the  05 prisoner's parole hearing date, whichever is earlier;  06 (9) establish an administrative sanction and incentive program to  07 facilitate a swift and certain response to a parolee's compliance with or violation  08 of the conditions of parole and shall adopt regulations to implement the program;  09 at a minimum, the regulations must include  10 (A) a decision-making process to guide parole officers in  11 determining the suitable response to positive and negative offender  12 behavior that includes a list of sanctions for the most common types of  13 negative behavior, including technical violations of conditions of parole,  14 and a list of incentives for compliance with conditions and positive  15 behavior that exceeds those conditions;  16 (B) policies and procedures that ensure  17 (i) a process for responding to negative behavior  18 that includes a review of previous violations and sanctions;  19 (ii) that enhanced sanctions for certain negative  20 conduct are approved by the commissioner or the commissioner's  21 designee; and  22 (iii) that appropriate due process protections are  23 included in the process, including notice of negative behavior, an  24 opportunity to dispute the accusation and the sanction, and an  25 opportunity to request a review of the accusation and the sanction;  26 and  27 (10) within 30 days after sentencing of an offender, provide the  28 victim of a crime information on the earliest dates the offender could be released  29 on furlough, probation, or parole, including deductions or reductions for good  30 time or other good conduct incentives and the process for release, including  31 contact information for the decision-making bodies. 01  * Sec. 121. AS 33.16.200 is amended to read: 02 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 03 board retains custody of special medical, administrative, discretionary, and 04 mandatory parolees until the expiration of the maximum term or terms of 05 imprisonment to which the parolee is sentenced. 06  * Sec. 122. AS 33.16.210 is amended to read: 07 Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally 08 discharge a parolee from the jurisdiction and custody of the board after the parolee has 09 completed one year [TWO YEARS] of parole. A discretionary parolee with a residual 10 period of probation may, after one year [TWO YEARS] of parole, be discharged by 11 the board to immediately begin serving the residual period of probation. 12 (b) Notwithstanding (a) of this section, the board may unconditionally 13 discharge a mandatory parolee before the parolee has completed one year [TWO 14 YEARS] of parole if the parolee is serving a concurrent period of residual probation 15 under AS 33.20.040(c), and the period of residual probation and the period of 16 suspended imprisonment each equal or exceed the period of mandatory parole. 17  * Sec. 123. AS 33.16.210 is amended by adding a new subsection to read: 18 (c) A parole officer shall recommend to the board early discharge for all 19 parolees who 20 (1) have completed at least one year on parole; 21 (2) have completed all treatment programs required as a condition of 22 parole; 23 (3) have been in compliance with all conditions of parole for at least 24 one year; and 25 (4) have not been convicted of an unclassified felony offense, a sexual 26 felony as defined by AS 12.55.185, or a crime involving domestic violence as defined 27 by AS 18.66.990. 28 * Sec. 124. AS 33.16 is amended by adding a new section to read: 29 Sec. 33.16.215. Sanctions for a technical violation of parole. (a) If a parolee 30 is serving a period of parole for an offense, the board may find that the parolee has 31 committed a technical violation of parole. If the board finds that a parolee has 01 committed a technical violation of parole that does not include absconding, the board 02 may revoke parole and return the parolee to the custody of the commissioner and then 03 place the person back on parole after the appropriate period of time below: 04 (1) three days for the first technical violation of parole filed with the 05 board; 06 (2) five days for the second technical violation of parole filed with the 07 board; 08 (3) 10 days for the third technical violation of parole filed with the 09 board; and 10 (4) up to the remainder of the sentence for a fourth or subsequent 11 technical violation of parole. 12 (b) If the board revokes a parolee's parole for absconding, the board may 13 impose a period of imprisonment not to exceed 30 days. 14 (c) The limits on length of imprisonment the board may impose under this 15 section if the board revokes a parolee's parole do not apply if the parolee is enrolled in 16 the program established under AS 33.16.060(c). 17 (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) 18 and does not comply with the board's order, the board may order the parolee to show 19 cause why the board should not revoke the parole for noncompletion of treatment. In a 20 parole revocation proceeding brought as a result of failure to complete treatment, it is 21 an affirmative defense that the parolee was unable to afford the cost of treatment or 22 secure a place in a free treatment program, despite having made continuing good faith 23 efforts. If the board finds that the parolee was unable to complete treatment despite 24 having made continuing good faith efforts, the parole may not be revoked solely 25 because of an inability to pay. If the board does not find that the noncompletion of 26 treatment was attributable to the parolee's inability to pay, the board may revoke 27 parole subject to the limits established in this section. 28 (e) In this section, 29 (1) "absconding" means failing to report within five working days after 30 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 31 with a parole officer, as directed by the board or the parole officer, and failing to make 01 contact with the parole officer within 30 days following the missed meeting; 02 (2) "technical violation" means a violation of the conditions of parole 03 that does not result from 04 (A) an arrest for a new criminal offense; 05 (B) failing to complete sex offender treatment; or 06 (C) failing to complete an intervention program for batterers. 07  * Sec. 125. AS 33.16.220(b) is amended to read: 08 (b) If a parolee has been arrested for the commission of a new criminal  09 offense or for failing to complete a sex offender treatment program, except 10 [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a  11 preliminary hearing within 15 working days after the arrest and incarceration of a 12 parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE 13 SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board 14 or its designee shall determine if there is probable cause to believe that the parolee 15 violated the conditions of parole and, when probable cause exists, whether the parolee 16 should be released pending a final revocation hearing. A finding of probable cause at a 17 preliminary hearing in a criminal case is conclusive proof of probable cause that a 18 parole violation occurred. 19  * Sec. 126. AS 33.16.220(f) is amended to read: 20 (f) If a parolee has had a preliminary hearing under (b) of this section, the 21 [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a 22 parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this 23 section. 24  * Sec. 127. AS 33.16.220(i) is amended to read: 25 (i) If, after the final revocation hearing, the board finds that the parolee has 26 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 27 ordinance, the board may revoke all or a portion of the remaining period of parole 28 subject to the limits set out in AS 33.16.215, or change any condition of parole. The  29 board cannot extend the period of parole beyond the maximum release date  30 calculated by the department on the parolee's original sentence. 31  * Sec. 128. AS 33.16.220 is amended by adding a new subsection to read: 01 (j) If a parolee has been arrested for a technical violation of conditions of 02 parole, the board or its designee shall hold a final hearing within 15 working days. 03  * Sec. 129. AS 33.16.240 is amended by adding new subsections to read: 04 (h) A parolee arrested under this section for a technical violation shall be 05 released once the parolee has served the maximum number of days that could be 06 served for a technical violation under AS 33.16.215. Nothing in this subsection 07 prohibits the board or its designee from releasing a parolee sooner. 08 (i) The board or its designee may impose additional conditions necessary to 09 ensure the parolee's appearance at a hearing held under AS 33.16.220(h). 10  * Sec. 130. AS 33.16 is amended by adding a new section to read: 11 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 12 by regulation a program allowing parolees to earn credits for complying with the 13 conditions of parole. The earned compliance credits reduce the period of parole. 14 Nothing in this section prohibits the department from recommending to the board the 15 early discharge of the parolee as provided in AS 33.16. At a minimum, the regulations 16 must 17 (1) require that a parolee earn a credit of 30 days for each month 18 served in which the parolee complied with the conditions of parole; 19 (2) include policies and procedures for 20 (A) calculating and tracking credits earned by parolees; 21 (B) reducing the parolee's period of parole based on credits 22 earned by the parolee; 23 (C) notifying the court at least 30 days before the earliest date 24 the parolee's period of parole will be served based on credits earned by the 25 parolee; and 26 (D) notifying a victim under AS 33.30.013. 27  * Sec. 131. AS 33.16.900 is amended by adding new paragraphs to read: 28 (14) "administrative parole" means the release of a prisoner who is 29 eligible for administrative parole under AS 33.16.089 and who has satisfied the 30 criteria for release, subject to conditions imposed by the board and subject to its 31 custody and jurisdiction; 01 (15) "administrative sanctions and incentives" means responses by a 02 parole officer to a parolee's compliance with or violation of the conditions of parole 03 under AS 33.16.180. 04  * Sec. 132. AS 33.20.010(a) is amended to read: 05 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 06 convicted of an offense against the state or a political subdivision of the state and 07 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 08 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 09 follows the rules of the correctional facility in which the prisoner is confined. A 10 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 11 (1) to a mandatory 99-year term of imprisonment under 12 AS 12.55.125(a) after June 27, 1996; 13 (2) to a definite term under AS 12.55.125(l); [OR] 14 (3) for a sexual felony under AS 12.55.125(i) 15 (A) and has one or more prior sexual felony convictions as 16 determined under AS 12.55.145(a)(4); or 17 (B) that is an unclassified or a class A felony; or  18 (4) to a definite term of imprisonment of not more than 10 days for  19 a technical violation of AS 12.55.110(c) or AS 33.16.215. 20  * Sec. 133. AS 33.20.010(c) is amended to read: 21 (c) A prisoner may not be awarded a good time deduction under (a) of this 22 section for any period spent in a treatment program or [,] in a private residence unless,  23 during that time, the prisoner was [, OR WHILE] under electronic monitoring. 24  * Sec. 134. AS 33.20.010 is amended by adding a new subsection to read: 25 (d) Notwithstanding (a) and (c) of this section, the commissioner of 26 corrections shall award to a prisoner convicted of a sexual offense that is ineligible for 27 a deduction under (a)(3)(A) or (B) of this section and sentenced to a term of 28 imprisonment that exceeds three days a deduction of one-fifth of the term of 29 imprisonment rounded off to the nearest day for periods during which the prisoner 30 follows the rules of the correctional facility in which the prisoner is confined. The 31 commissioner may not award the deduction under this subsection until the prisoner 01 completes the treatment requirements in the prisoner's case plan. 02  * Sec. 135. AS 33.30.011 is amended to read: 03 Sec. 33.30.011. Duties of commissioner. The commissioner shall 04 (1) establish, maintain, operate, and control correctional facilities 05 suitable for the custody, care, and discipline of persons charged or convicted of 06 offenses against the state or held under authority of state law; each correctional facility 07 operated by the state shall be established, maintained, operated, and controlled in a 08 manner that is consistent with AS 33.30.015; 09 (2) classify prisoners; 10 (3) for persons committed to the custody of the commissioner, 11 establish programs, including furlough programs that are reasonably calculated to 12 (A) protect the public and the victims of crimes committed by 13 prisoners; 14 (B) maintain health; 15 (C) create or improve occupational skills; 16 (D) enhance educational qualifications; 17 (E) support court-ordered restitution; and 18 (F) otherwise provide for the rehabilitation and reformation of 19 prisoners, facilitating their reintegration into society; 20 (4) provide necessary 21 (A) medical services for prisoners in correctional facilities or 22 who are committed by a court to the custody of the commissioner, including 23 examinations for communicable and infectious diseases; 24 (B) psychological or psychiatric treatment if a physician or 25 other health care provider, exercising ordinary skill and care at the time of 26 observation, concludes that 27 (i) a prisoner exhibits symptoms of a serious disease or 28 injury that is curable or may be substantially alleviated; and 29 (ii) the potential for harm to the prisoner by reason of 30 delay or denial of care is substantial; and 31 (C) assessment or screening of the risks and needs of offenders 01 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 02 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 03 disorder; 04 (5) establish minimum standards for sex offender treatment programs 05 offered to persons who are committed to the custody of the commissioner; 06 (6) provide for fingerprinting in correctional facilities in accordance 07 with AS 12.80.060; [AND] 08 (7) establish a program to conduct assessments of the risks and needs 09 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 10 to the legislature, by electronic means, by January 15, 2017, and thereafter by 11 January 15, preceding the first regular session of each legislature, a report 12 summarizing the findings and results of the program; the program must include a  13 requirement for an assessment before a prisoner's release on parole, furlough, or  14 electronic monitoring from a correctional facility;  15 (8) establish a procedure that provides for each prisoner required  16 to serve an active term of imprisonment of 30 days or more a written case plan  17 that  18 (A) is provided to the prisoner within 90 days after  19 sentencing;  20 (B) is based on the results of the assessment of the  21 prisoner's risks and needs under (7) of this section;  22 (C) includes a requirement to follow the rules of the  23 institution;  24 (D) is modified when necessary for changes in classification,  25 housing status, medical or mental health, and resource availability;  26 (E) includes participation in programming that addresses  27 the needs identified in the assessment;  28 (9) establish a program to begin reentry planning with each  29 prisoner serving an active term of imprisonment of 90 days or more; reentry  30 planning must begin at least 90 days before release on furlough or probation or  31 parole; the written reentry plan must be completed upon release on furlough or  01 probation or parole and must include  02 (A) information on the prisoner's proposed  03 (i) residence;  04 (ii) employment or alternative means of support;  05 (iii) treatment options;  06 (iv) counseling services;  07 (v) education or job training services;  08 (B) any other requirements for successful transition back to  09 the community, including electronic monitoring or furlough for the period  10 between a scheduled parole hearing and parole eligibility; and 11 (10) for offenders under electronic monitoring, establish  12 (A) minimum standards for electronic monitoring, including  13 the requirement of active, real-time monitoring using global positioning  14 systems; and  15 (B) procedures for oversight and approving electronic  16 monitoring programs and systems provided by private contractors.  17  * Sec. 136. AS 33.30.013(a) is amended to read: 18 (a) The commissioner shall notify the victim if the offender 19 (1) escapes from custody;  20 (2) is discharged from parole under AS 33.16; or 21 (3) is released to the community on a furlough, on an early release 22 program, or for any other reason. 23  * Sec. 137. AS 33.30.065(a) is amended to read: 24 (a) If the commissioner designates a prisoner to serve the prisoner's term of 25 imprisonment or period of temporary commitment, or a part of the term or period, by 26 electronic monitoring, the commissioner shall direct the prisoner to serve the term or 27 period at the prisoner's residence or other place selected by the commissioner. The 28 electronic monitoring shall be administered by the department or by a private  29 contractor approved by the department under AS 33.30.011(10) and shall be 30 designed so that any attempt to remove, tamper with, or disable the monitoring 31 equipment or to leave the place selected for the service of the term or period will result 01 in a report or notice to the department. 02  * Sec. 138. AS 33.30 is amended by adding a new section to read: 03 Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The 04 commissioner shall establish a program to prepare a prisoner who is serving a sentence 05 of imprisonment exceeding one year for the prisoner's discharge, release on parole or 06 probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the 07 date of the prisoner's discharge, release, or furlough. 08 (b) The program established under (a) of this section must include 09 (1) instruction on 10 (A) obtaining state identification; 11 (B) community resources available for housing, employment, 12 and treatment; 13 (2) an individualized reentry plan under AS 30.30.011(9) for the 14 prisoner; and 15 (3) probation and parole orientation, if appropriate. 16  * Sec. 139. AS 33.30.151 is amended to read: 17 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 18 establish correctional restitution centers in the state. The purpose of the centers is to 19 provide certain offenders with rehabilitation through comprehensive treatment for  20 substance abuse, cognitive behavioral disorders, and other criminal risk factors,  21 including aftercare support, community service, and employment, while protecting 22 the community through partial incarceration of the offender, and to create a means to 23 provide restitution to victims of crimes. 24 (b) The commissioner shall adopt regulations setting standards for the 25 operation of the centers including 26 (1) requirements that the centers be secure and in compliance with 27 state and local safety laws; 28 (2) standards for disciplinary rules to be imposed on prisoners confined 29 to the centers; 30 (3) standards for the granting of emergency absence to prisoners 31 confined to the centers; 01 (4) standards for classifying prisoners to centers; 02 (5) standards for mandatory employment and participation in 03 community service programs in each center; [AND] 04 (6) standards for periodic review of the performance of prisoners 05 confined to the centers and quality assurance measures to ensure centers are  06 meeting state standards and contractual obligations;  07 (7) standards for the provision of treatment, including substance  08 abuse treatment, cognitive behavioral therapy, and aftercare designed to address  09 an offender's individual criminogenic needs; and  10 (8) standards and a process to assess an offender's risk of  11 recidivating and the criminal risk factors and needs that reduce the risk of  12 recidivating and ensure that  13 (A) high risk offenders with moderate to high needs are a  14 priority for acceptance into a correctional restitution center; and  15 (B) centers establish internal procedures to limit the mixing  16 of low and high risk prisoners. 17  * Sec. 140. AS 34.03.360(7) is amended to read: 18 (7) "illegal activity involving a controlled substance" means a violation 19 of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1) 20 OR (2)], or 11.71.040(a)(1), (2), or (5); 21  * Sec. 141. AS 43.23.065(b) is amended to read: 22 (b) An exemption is not available under this section for permanent fund 23 dividends taken to satisfy 24 (1) child support obligations required by court order or decision of the 25 child support services agency under AS 25.27.140 - 25.27.220; 26 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 27 12.55.100, or AS 47.12.120(b)(4); 28 (3) claims on defaulted education loans under AS 43.23.067; 29 (4) court ordered fines; 30 (5) writs of execution under AS 09.35 of a judgment that is entered 31 (A) against a minor in a civil action to recover damages and 01 court costs; 02 (B) under AS 09.65.255 against the parent, parents, or legal 03 guardian of an unemancipated minor; 04 (6) a debt owed by an eligible individual to an agency of the state, 05 including the University of Alaska, unless the debt is contested and an appeal is 06 pending, or the time limit for filing an appeal has not expired; 07 (7) a debt owed to a person for a program for the rehabilitation of 08 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 09 AS 25.20.061(3), or AS 33.16.150(f)(2); 10 (8) a judgment for unpaid rent or damage owed to a landlord by an 11 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 12 meaning given in AS 34.03.360; 13 (9) court-ordered forfeiture of an appearance or performance  14 bond under AS 12.30.075. 15  * Sec. 142. AS 44.19.645 is amended to read: 16 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 17 shall evaluate the effect of sentencing laws and criminal justice practices on the 18 criminal justice system to evaluate whether those sentencing laws and criminal justice 19 practices provide for protection of the public, community condemnation of the 20 offender, the rights of victims of crimes, the rights of the accused and the person 21 convicted, restitution from the offender, and the principle of reformation. The 22 commission shall make recommendations for improving criminal sentencing practices 23 and criminal justice practices, including rehabilitation and restitution. The  24 commission shall annually make recommendations to the governor and the  25 legislature on how savings from criminal justice reforms should be reinvested to  26 reduce recidivism. In formulating its recommendations, the commission shall 27 consider 28 (1) statutes, court rules, and court decisions relevant to sentencing of 29 criminal defendants in misdemeanor and felony cases; 30 (2) sentencing practices of the judiciary, including use of presumptive 31 sentences; 01 (3) means of promoting uniformity, proportionality, and accountability 02 in sentencing; 03 (4) alternatives to traditional forms of incarceration; 04 (5) the efficacy of parole and probation in ensuring public safety, 05 achieving rehabilitation, and reducing recidivism; 06 (6) the adequacy, availability, and effectiveness of treatment and 07 rehabilitation programs; 08 (7) crime and incarceration rates, including the rate of violent crime 09 and the abuse of controlled substances, in this state compared to other states, and best 10 practices adopted by other states that have proven to be successful in reducing 11 recidivism; 12 (8) the relationship between sentencing priorities and correctional 13 resources; 14 (9) the effectiveness of the state's current methodologies for the 15 collection and dissemination of criminal justice data; and 16 (10) whether the schedules for controlled substances in AS 11.71.140 - 17 11.71.190 are reasonable and appropriate, considering the criteria established in 18 AS 11.71.120(c). 19 (b) The commission may 20 (1) recommend legislative and administrative action on criminal justice 21 practices; [AND] 22 (2) select and retain the services of consultants as necessary;  23 (3) appoint a working group to review and analyze the  24 implementation of the recommendations made in the justice reinvestment report  25 in December 2015, and other recommendations issued by the commission, and  26 regularly report to the commission on the status of the implementation; a  27 working group may include representatives of criminal justice agencies and key  28 constituencies who are not members of the commission; and  29 (4) enter into data-sharing agreements with the Justice Center at  30 the University of Alaska, the Alaska Judicial Council, or other research  31 institutions for the purposes of analyzing data and performance metrics. 01  * Sec. 143. AS 44.19.645 is amended by adding new subsections to read: 02 (c) The commission shall 03 (1) receive and analyze data collected by agencies and entities charged 04 with implementing the recommendations of the 2015 justice reinvestment report and 05 other recommendations issued by the commission and who are collecting data during 06 the implementation and management of specific commission recommendations; 07 (2) track and assess outcomes from the recommendations the 08 commission has made and corresponding criminal justice reforms; and 09 (3) request, receive, and review data and reports on performance 10 outcome data relating to criminal justice reform. 11 (d) Agencies and entities reporting data to the working group authorized in 12 (b)(3) of this section under (e) - (g) of this section shall 13 (1) report data individually by case number, including an identifier 14 number such as the Alaska Public Safety Information Network number, the court case 15 number, the Alaska Corrections Offender Management System number, and the arrest 16 tracking number, as available; 17 (2) include demographic information necessary for tracking 18 individuals across multiple databases, including the individual's first name, last name, 19 middle initial as available, and date of birth; and 20 (3) include information necessary to measure possible disparate effects 21 of criminal justice laws and policies, such as race and gender as available. 22 (e) The judiciary shall report quarterly to the working group authorized in 23 (b)(3) of this section. The report shall include criminal case processing data, including 24 (1) the date, type, and number of all charges disposed within the 25 quarter; 26 (2) the disposition of each charge, whether convicted, dismissed, 27 acquitted, or otherwise disposed; 28 (3) the date of the disposition for each charge; and 29 (4) for each charge or conviction, the sentence, including the length of 30 active incarceration, the amount of suspended time, the length of any probationary 31 term, and whether a suspended imposition of sentence or suspended imposition of 01 judgment was given. 02 (f) The Department of Public Safety shall report quarterly to the working 03 group authorized under (b)(3) of this section. The report shall include the following 04 information: 05 (1) data on citations and arrests for criminal offenses, including the 06 offense charged and reason for arrest if an arrest was made; 07 (2) data on all criminal convictions and sentences during the quarter; 08 and 09 (3) criminal history information for selected offenders as agreed on by 10 the department and the working group authorized in (b)(3) of this section. 11 (g) The Department of Corrections shall report quarterly to the working group 12 authorized in (b)(3) of this section. The report shall include the following information: 13 (1) data on pretrial decision making and outcomes, including 14 information on pretrial detainees admitted for a new criminal charge; detainees 15 released at any point before case resolution; time spent detained before first release or 16 case resolution; pretrial defendant risk level and charge; pretrial release 17 recommendations made by pretrial service officers; pretrial conditions imposed on 18 pretrial detainees by judicial officers, including amount of bail, and supervision 19 conditions; and information on pretrial outcomes, including whether or not the 20 defendant appeared in court or was re-arrested during the pretrial period; 21 (2) data on offenders admitted to the Department of Corrections for a 22 new criminal conviction, including the offense type, number of prior felony 23 convictions, sentence length, length of stay, and the number of offenders earning a 24 good time deduction under AS 33.20.010(d); 25 (3) data on the population of the Department of Corrections, using a 26 one-day snapshot on the first day of the first month of each quarter, broken down by 27 type of admission, offense type, and risk level; 28 (4) data on offenders on probation supervised by the Department of 29 Corrections, including the total number of offenders supervised using a one-day 30 snapshot on the first month of each quarter; admissions to probation; assignments to a 31 program under AS 33.05.020(f); probation sentence length; time served on the 01 sentence; whether probation was successfully completed, any new convictions for a 02 felony offense, and any sentences to a term of imprisonment while on probation; 03 (5) data on parole, including the number of offenders supervised on 04 parole, using a one-day snapshot on the first month of each quarter; the number of 05 parole hearings; the parole grant rate and number of parolees released on 06 administrative, discretionary, and special medical parole; and information on parolees, 07 including time spent on parole, whether parole was successfully completed, any new 08 convictions for a new felony offense, and any sentences to a term of imprisonment 09 while on parole; 10 (6) data on the implementation of policies from the 2015 justice 11 reinvestment report, including the number and percentage of offenders who earn 12 compliance credits under AS 33.05.020(g) in one or more months, and the total 13 amount of credits earned; the average number of sanctions issued under 14 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 15 common violations of probation or parole; and 16 (7) data on probation and parole revocations, including information on 17 probationers and parolees admitted for a supervision violation pre-case and post-case 18 resolution; probationers and parolees admitted solely for a technical violation; 19 probationers and parolees admitted for a new arrest; the number of previous 20 revocations on the current sentence, if any; the length of time held pre-case resolution; 21 the length of time to case resolution; and the length of stay. 22  * Sec. 144. AS 44.19.647 is amended to read: 23 Sec. 44.19.647. Annual report and recommendations. The commission shall 24 submit to the governor and the legislature an annual report. The report must include  25 (1) a description of its proceedings for the previous calendar year;  26 (2) a summary of savings and recommendations on how savings  27 from criminal justice reform should be reinvested to reduce recidivism;  28 (3) performance metrics and outcomes from the recommendations  29 the commission made in its December 2015 report, including recidivism rates,  30 defined as  31 (A) the percentage of inmates who return to prison within  01 three years after release, broken down by offense type and risk level; and  02 (B) the percentage of inmates who return to prison within  03 three years after release for a new criminal conviction, broken down by  04 offense type and risk level; and  05 (4) recommendations for additional reforms, which may include  06 [AND MAY SUBMIT] recommendations for legislative and administrative action. 07 [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION 08 SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR]. 09  * Sec. 145. AS 44.19.647 is amended by adding a new subsection to read: 10 (b) The commission shall submit the reports and recommendations provided 11 under (a) of this section not later than November 1 of each year. 12  * Sec. 146. AS 44.66.010(a)(12) is amended to read: 13 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30,  14 2021 [JUNE 30, 2017]; 15  * Sec. 147. AS 47.05 is amended by adding a new section to read: 16 Sec. 47.05.035. Disqualification from public assistance for felony drug  17 offenses. (a) A person convicted during or in the five years preceding a period in 18 which the person is receiving public assistance under AS 47.25 of an offense under 19 AS 11.71.010 - 11.71.050, 11.71.060(a)(2)(B), or by the law of another jurisdiction 20 that has as an element the possession, use, or distribution of a controlled substance, as 21 defined in AS 11.71.900, is disqualified from receiving public assistance under this 22 title unless the person participates in a testing program implemented by the department 23 at least quarterly, on renewal of public assistance eligibility, and on a random basis for 24 the use of illegal controlled substances. A person subject to this section who tests 25 positive for the illegal use of controlled substances or who refuses to submit to a test 26 required under this section is disqualified from receiving public assistance for six 27 months following the date of notice that the person tested positive for the use of illegal 28 controlled substances or from the date the person refused to submit to a test required 29 under this section. 30 (b) The department shall adopt regulations to implement (a) of this section. 31 The regulations adopted by the department must 01 (1) include an appeal process for a person disqualified under (a) of this 02 section; and 03 (2) provide that, where available, an alcohol safety action program 04 approved under AS 47.37.130 shall perform the drug testing. 05 (c) In this section, "public assistance" means 06 (1) a program that provides 07 (A) day care assistance under AS 47.25.001 - 47.25.095; 08 (B) general relief assistance under AS 47.25.120 - 300; or 09 (C) adult public assistance under AS 47.25.430 - 47.25.615; 10 (2) the Alaska affordable heating program under AS 47.25.621 - 11 47.25.626; or 12 (3) the food stamp program under AS 47.25.975 - 47.25.990. 13  * Sec. 148. AS 47.27.015 is amended by adding a new subsection to read: 14 (i) A person convicted after August 22, 1996, of an offense that is classified as 15 a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has 16 as an element the possession, use, or distribution of a controlled substance, as defined 17 in AS 11.71.900, is disqualified from receiving temporary assistance under this 18 chapter or food stamps under AS 47.25 unless the person demonstrates, to the 19 satisfaction of the department, that the person 20 (1) is satisfactorily serving, or has successfully completed, a period of 21 probation or parole; 22 (2) is in the process of serving, or has successfully completed, 23 mandatory participation in a drug or alcohol treatment program; or 24 (3) has taken action toward rehabilitation, including participation in a 25 drug or alcohol treatment program. 26  * Sec. 149. AS 47.37.040 is amended to read: 27 Sec. 47.37.040. Duties of department. The department shall 28 (1) develop, encourage, and foster statewide, regional, and local plans 29 and programs for the prevention of alcoholism and drug abuse and treatment of 30 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 31 public and private agencies, organizations, and individuals, and provide technical 01 assistance and consultation services for these purposes; 02 (2) coordinate the efforts and enlist the assistance of all public and 03 private agencies, organizations, and individuals interested in prevention of alcoholism, 04 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 05 abusers, and inhalant abusers; 06 (3) cooperate with the Department of Corrections in establishing and 07 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 08 abusers, and inhalant abusers in or on parole from penal institutions; 09 (4) cooperate with the Department of Education and Early 10 Development, school boards, schools, police departments, courts, and other public and 11 private agencies, organizations, and individuals in establishing programs for the 12 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 13 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 14 materials for use at all levels of school education; 15 (5) prepare, publish, evaluate, and disseminate educational material 16 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 17 volatile substances; 18 (6) develop and implement, as an integral part of treatment programs, 19 an educational program for use in the treatment of alcoholics, intoxicated persons, 20 drug abusers, and inhalant abusers that includes the dissemination of information 21 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 22 (7) organize and foster training programs for all persons engaged in 23 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 24 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 25 abuse workers; 26 (8) sponsor and encourage research into the causes and nature of 27 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 28 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 29 for information relating to alcoholism, drug abuse, and inhalant abuse; 30 (9) specify uniform methods for keeping statistical information by 31 public and private agencies, organizations, and individuals, and collect and make 01 available relevant statistical information, including number of persons treated, 02 frequency of admission and readmission, and frequency and duration of treatment; 03 (10) conduct program planning activities approved by the Advisory 04 Board on Alcoholism and Drug Abuse; 05 (11) review all state health, welfare, and treatment plans to be 06 submitted for federal funding, and advise the commissioner on provisions to be 07 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 08 abusers; 09 (12) assist in the development of, and cooperate with, alcohol, drug 10 abuse, and inhalant abuse education and treatment programs for employees of state 11 and local governments and businesses and industries in the state; 12 (13) use the support and assistance of interested persons in the 13 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 14 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 15 treatment; 16 (14) cooperate with the Department of Public Safety and the 17 Department of Transportation and Public Facilities in establishing and conducting 18 programs designed to deal with the problem of persons operating motor vehicles while 19 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 20 develop and approve alcohol information courses required to be taken by drivers under 21 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 22 laws; 23 (15) encourage hospitals and other appropriate health facilities to 24 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 25 inhalant abusers and to provide them with adequate and appropriate treatment; 26 (16) encourage all health insurance programs to include alcoholism 27 and drug abuse as a covered illness; 28 (17) prepare an annual report covering the activities of the department 29 and notify the legislature that the report is available; 30 (18) develop and implement a training program on alcoholism and 31 drug abuse for employees of state and municipal governments, and private institutions; 01 (19) develop curriculum materials on drug and alcohol abuse and the 02 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 03 well as a course of instruction for teachers to be charged with presenting the 04 curriculum; 05 (20) develop and implement or designate, in cooperation with other 06 state or local agencies, a juvenile alcohol safety action program that provides alcohol 07 and substance abuse screening, referral, and monitoring of persons under 18 years of 08 age who have been referred to it by 09 (A) a court in connection with a charge or conviction of a 10 violation or misdemeanor related to the use of alcohol or a controlled 11 substance; 12 (B) the agency responsible for the administration of motor 13 vehicle laws in connection with a license action related to the use of alcohol or 14 a controlled substance; or 15 (C) department staff after a delinquency adjudication that is 16 related to the use of alcohol or a controlled substance; 17 (21) develop and implement, or designate, in cooperation with other 18 state or local agencies, an alcohol safety action program that provides [ALCOHOL 19 AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING] 20 services to persons who have been referred by a court [IN CONNECTION WITH A 21 CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF 22 A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A 23 CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028, 24 28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility 25 for administering motor vehicle laws in connection with a driver's license action 26 involving the use of alcohol or a controlled substance; 27 (22) whenever possible, apply evidence-based, research-based, and 28 consensus-based substance abuse and co-occurring substance abuse and mental health 29 disorders treatment practices and remove barriers that prevent the use of those 30 practices; 31 (23) collaborate with first responders, hospitals, schools, primary care 01 providers, developmental disability treatment providers, law enforcement, corrections, 02 attorneys, the Alaska Court System, community behavioral treatment providers, 03 Alaska Native organizations, and federally funded programs in implementing 04 programs for co-occurring substance abuse and mental health disorders treatment. 05  * Sec. 150. AS 47.37.130(h) is amended to read: 06 (h) The department shall 07 (1) inspect, on a regular basis, approved public and private alcohol 08 safety action programs at reasonable times and in a reasonable manner; [AND] 09 (2) maintain a list of approved public and private alcohol safety action 10 programs; and  11 (3) develop regulations for the operation and management of  12 alcohol safety action programs that ensure  13 (A) assessments are conducted using a validated risk and  14 needs assessment tool; and  15 (B) supervision of participants is appropriate to the  16 assessed risk of re-offense of the participant. 17  * Sec. 151. AS 47.37.130 is amended by adding a new subsection to read: 18 (k) The public and private alcohol safety action programs established under 19 AS 47.37.040(21) shall provide 20 (1) assessment of eligible participants to determine the risk of the 21 person to re-offend and the criminal risk factors that are contributing to the risk; and 22 (2) supervision of participants based on the assessed risk to re-offend. 23  * Sec. 152. AS 47.38.020(d) is repealed and reenacted to read: 24 (d) The department may, in accordance with AS 36.30, procure and enter into 25 agreements or contracts to establish and implement the program and testing required 26 under (a) - (c) of this section.  27  * Sec. 153. AS 47.38.100(a) is amended to read: 28 (a) The recidivism reduction program is established to promote the 29 rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons 30 on probation or parole or incarcerated for offenses and recently released from 31 correctional facilities. 01  * Sec. 154. AS 47.38.100(b) is amended to read: 02 (b) The commissioner, in cooperation with the Alaska Criminal Justice  03 Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS], 04 may provide for programs that have, as a primary focus, rehabilitation and reduction 05 of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation  06 or parole or incarcerated for offenses and recently released from correctional 07 facilities. The commissioner may enter into contracts to provide for programs under 08 this section. An eligible [A] program under this section must accomplish at least one  09 of the following objectives: 10 (1) increasing access to evidence-based rehabilitation programs,  11 including drug and alcohol treatment, mental health treatment, and cognitive  12 behavioral programs; or  13 (2) supporting offenders' transition and re-entry from correctional  14 facilities to the community, including transitional housing services, employment  15 services, vocational training, educational support, and counseling [INCLUDE 16 CASE MANAGEMENT; 17 (2) REQUIRE SOBER LIVING; 18 (3) PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR 19 SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT; 20 (4) REQUIRE EMPLOYMENT, EDUCATIONAL 21 PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER 22 WORK AS APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM; 23 AND 24 (5) LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO 25 A MAXIMUM OF ONE YEAR]. 26  * Sec. 155. AS 47.38.100 is amended by adding a new subsection to read: 27 (d) In this section, "evidenced-based" means a program or practice that offers 28 a high level of research on effectiveness. 29  * Sec. 156. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal 01 Procedure, is amended by adding new subsections to read: 02 (d) Hearing Notice. The court shall provide a notice to a defendant of the 03 date, time, and place of a scheduled hearing at which the defendant is required to 04 appear in a form and manner established by the court. 05 (e) Hearing Reminder. In addition to the notice required under (d) of this 06 rule, the court shall provide a reminder notification to a defendant who is not in 07 custody and to the Department of Corrections at least 48 hours prior to a scheduled 08 hearing at which the defendant is required to appear regarding the date, time, and 09 place of the scheduled hearing and the potential consequences of failure to appear, in a 10 form and manner established by the court. 11  * Sec. 157. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal 14 Procedure, is amended by adding a new subsection to read: 15 (j) Misdemeanor and Felony Bail Schedules. No bail schedule shall be 16 established for misdemeanors or felonies. 17  * Sec. 158. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal 20 Procedure, are repealed. 21  * Sec. 159. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.71.020, 11.71.040(a)(3), 22 11.71.050(a)(2), 11.71.060(a)(2)(A); AS 12.30.016(d); AS 12.55.125(o), 12.55.135(j); and 23 AS 33.16.100(e) are repealed. 24 * Sec. 160. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.006(h), enacted by sec. 44 27 of this Act, has the effect of changing Rule 6, Alaska Rules of Criminal Procedure, by 28 directing the court to arraign a person within 24 hours after arrest, and in no instance later 29 than 48 hours after the person's arrest. 30 (b) AS 12.30.011, as amended by sec. 45 of this Act, and AS 12.30.011(e) - (i), 31 enacted by sec. 46 of this Act, have the effect of changing Rule 41, Alaska Rules of Criminal 01 Procedure, by changing and establishing release conditions for certain defendants, providing 02 for recommendations by pretrial services officers of release conditions based on a pretrial risk 03 assessment score, providing that a court shall order the release of a person under certain 04 circumstances upon execution of an appearance or performance bond, and providing new 05 procedures for use of appearance, surety, and performance bonds. 06 (c) AS 12.55.055(g), enacted by sec. 60 of this Act, has the effect of changing Rule 07 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the 08 judgment that community work hours that are not completed shall be converted to a fine as 09 provided in AS 12.55.055(h), added by sec. 60 of this Act. 10 (d) AS 12.55.078, enacted by sec. 61 of this Act, has the effect of changing Rule 43, 11 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 12 may dismiss charges. 13 (e) AS 12.55.135(p), enacted by sec. 77 of this Act, has the effect of changing Rule 14 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of 15 aggravating factors. 16 (f) AS 33.07, enacted by sec. 96 of this Act, has the effect of changing Rule 41, 17 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures 18 and duties for pretrial services officers as officers of the superior and district courts, for the 19 purposes of performing risk assessments and making pretrial recommendations to the court 20 regarding a person's pretrial release and bail conditions. 21  * Sec. 161. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council 24 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand 25 community-based violence prevention programming and services for victims of a crime 26 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this 27 section "domestic violence" and "sexual assault" have the meanings given to those terms in 28 AS 18.66.990. 29  * Sec. 162. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 01 BARRIER OFFENSES. The Alaska Criminal Justice Commission shall provide in the 02 commission's 2017 annual report required under AS 44.19.647 an evaluation of the 03 relationship between offenses on a person's criminal justice record that may be a barrier to 04 entry into certain occupations and the successful re-entry of a person with barrier offenses on 05 the person's criminal justice record into the community and an evaluation of the relationship 06 between legal expungement or pardons and successful re-entry. 07  * Sec. 163. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 APPLICABILITY. (a) The following sections apply to offenses committed on or after 10 the effective date of those sections: 11 (1) AS 11.46.130(a), as amended by sec. 3 of this Act; 12 (2) AS 11.46.140(a), as amended by sec. 4 of this Act; 13 (3) AS 11.46.220(c), as amended by sec. 5 of this Act; 14 (4) AS 11.46.260(b), as amended by sec. 6 of this Act; 15 (5) AS 11.46.270(b), as amended by sec. 7 of this Act; 16 (6) AS 11.46.280(d), as amended by sec. 8 of this Act; 17 (7) AS 11.46.285(b), as amended by sec. 9 of this Act; 18 (8) AS 11.46.295, as amended by sec. 10 of this Act; 19 (9) AS 11.46.482(a), as amended by sec. 12 of this Act; 20 (10) AS 11.46.484(a), as amended by sec. 13 of this Act; 21 (11) AS 11.46.530(b), as amended by sec. 14 of this Act; 22 (12) AS 11.46.620(d), as amended by sec. 15 of this Act; 23 (13) AS 11.46.730(c), as amended by sec. 16 of this Act; 24 (14) AS 11.61.110(c), as amended by sec. 21 of this Act; 25 (15) AS 11.61.145(d), as amended by sec. 22 of this Act; 26 (16) AS 11.66.200(c), as amended by sec. 26 of this Act; 27 (17) AS 11.71.030(a), as amended by sec. 27 of this Act; 28 (18) AS 11.71.040(a), as amended by sec. 30 of this Act; 29 (19) AS 11.71.050, as amended by sec. 32 of this Act; 30 (20) AS 11.71.311(a), as amended by sec. 34 of this Act; 31 (21) AS 12.55.027(g), enacted by sec. 56 of this Act; 01 (22) AS 12.55.125(a), as amended by sec. 70 of this Act; 02 (23) AS 12.55.125(b), as amended by sec. 71 of this Act; 03 (24) AS 28.15.291(a), as repealed and reenacted by sec. 83 of this Act; 04 (25) AS 28.15.291(b), as repealed and reenacted by sec. 84 of this Act; 05 (26) AS 29.10.200(21), as amended by sec. 90 of this Act; 06 (27) AS 29.25.070(a), as amended by sec. 91 of this Act; 07 (28) AS 29.25.070(g), enacted by sec. 92 of this Act; and 08 (29) AS 47.27.015(i), enacted by sec. 148 of this Act. 09 (b) The following sections apply to offenses committed before, on, or after the 10 effective date of those sections: 11 (1) AS 11.46.460, as amended by sec. 11 of this Act; 12 (2) AS 11.56.757(b), as amended by sec. 19 of this Act; and 13 (3) AS 11.61.150(c), as amended by sec. 24 of this Act. 14 (c) The following sections apply to offenses committed before, on, or after the 15 effective date of those sections for contacts with peace officers occurring on or after the 16 effective date of those sections: 17 (1) AS 12.25.150(a), as amended by sec. 35 of this Act; 18 (2) AS 12.25.180, as amended by sec. 36 of this Act; and 19 (3) AS 12.25.190(b), as amended by sec. 38 of this Act. 20 (d) The following sections apply to sentences imposed on or after the effective date of 21 those sections for conduct occurring before, on, or after the effective date of those sections: 22 (1) AS 12.55.027(d), as amended by sec. 55 of this Act; 23 (2) AS 12.55.027(f), enacted by sec. 56 of this Act; 24 (3) AS 12.55.125(c), as amended by sec. 72 of this Act; 25 (4) AS 12.55.125(d), as amended by sec. 73 of this Act; 26 (5) AS 12.55.125(e), as amended by sec. 74 of this Act; 27 (6) AS 12.55.135(a), as amended by sec. 75 of this Act; 28 (7) AS 12.55.135(b), as amended by sec. 76 of this Act; 29 (8) AS 12.55.135(l) - (p), enacted by sec. 77 of this Act; 30 (9) AS 33.20.010(a), as amended by sec. 132 of this Act; and 31 (10) AS 33.20.010(c), as amended by sec. 133 of this Act. 01 (e) The following sections apply to sentences imposed on or after the effective date of 02 those sections for conduct occurring before, on, or after the effective date of those sections: 03 (1) AS 12.55.025(a), as amended by sec. 53 of this Act; 04 (2) AS 12.55.025(c), as amended by sec. 54 of this Act; 05 (3) AS 12.55.115, as amended by sec. 69 of this Act; 06 (4) AS 28.35.030(k), as amended by sec. 86 of this Act; 07 (5) AS 28.35.032(o), as amended by sec. 89 of this Act; 08 (6) AS 33.16.010(f), enacted by sec. 99 of this Act; 09 (7) AS 33.16.089, enacted by sec. 101 of this Act; 10 (8) AS 33.16.090(b), as amended by sec. 103 of this Act; and 11 (9) AS 33.20.010(d), enacted by sec. 134 of this Act. 12 (f) AS 12.30.055(b), enacted by sec. 51 of this Act, applies to persons in custody for a 13 probation violation on or after the effective date of sec. 51 for a probation violation that 14 occurred before, on, or after the effective date of sec. 51 of this Act. 15 (g) The following sections apply to community work service imposed on or after the 16 effective date of those sections for offenses committed on or after the effective date of those 17 sections: 18 (1) AS 12.55.055(c), as amended by sec. 59 of this Act; and 19 (2) AS 12.55.055(g) and (h), enacted by sec. 60 of this Act. 20 (h) AS 12.55.078, enacted by sec. 61 of this Act, applies to prosecutions occurring on 21 or after the effective date of those sections for offenses committed before, on, or after the 22 effective date of sec. 61 of this Act. 23 (i) The following sections apply to probation ordered on or after the effective date of 24 those sections for offenses committed before, on, or after the effective date of those sections: 25 (1) AS 12.55.051(a), as amended by sec. 57 of this Act; 26 (2) AS 12.55.090(c), as amended by sec. 63 of this Act. 27 (j) The following sections apply to probation ordered on or after the effective date of 28 those sections for offenses committed before, on, or after the effective date of those sections: 29 (1) AS 12.55.090(b), as amended by sec. 62 of this Act; 30 (2) AS 12.55.090(f), as amended by sec. 64 of this Act; 31 (3) AS 12.55.090(g) - (m), enacted by sec. 65 of this Act; 01 (4) AS 12.55.100(a), as amended by sec. 66 of this Act; 02 (5) AS 12.55.110(c) - (g), enacted by sec. 68 of this Act; and 03 (6) AS 33.05.040, as amended by sec. 94 of this Act. 04 (k) The following sections apply to a revocation of a driver's license, privilege to 05 drive, or privilege to obtain a license occurring on or after the effective date of those sections 06 for conduct occurring before, on, or after the effective date of those sections: 07 (1) AS 28.15.165(e), enacted by sec. 80 of this Act; 08 (2) AS 28.15.181(f), as amended by sec. 81 of this Act; 09 (3) AS 28.15.201(g) and (h), enacted by sec. 82 of this Act; and 10 (4) AS 28.35.030(o), as amended by sec. 88 of this Act. 11 (l) The following sections apply to parole granted on or after the effective date of 12 those sections for conduct occurring before, on, or after the effective date of those sections: 13 (1) AS 33.16.010(c), as amended by sec. 97 of this Act; 14 (2) AS 33.16.010(d), as amended by sec. 98 of this Act; 15 (3) AS 33.16.060(a), as amended by sec. 100 of this Act; 16 (4) AS 33.16.090(a), as amended by sec. 102 of this Act; 17 (5) AS 33.16.100(a), as amended by sec. 104 of this Act; 18 (6) AS 33.16.100(b), as amended by sec. 105 of this Act; 19 (7) AS 33.16.100(f) and (g), enacted by sec. 106 of this Act; 20 (8) AS 33.16.130, as repealed and reenacted by sec. 112 of this Act; 21 (9) AS 33.16.140, as amended by sec. 113 of this Act; 22 (10) AS 33.16.150(a), as amended by sec. 114 of this Act; 23 (11) AS 33.16.150(b), as amended by sec. 115 of this Act; 24 (12) AS 33.16.150(e), as amended by sec. 116 of this Act; 25 (13) AS 33.16.150(f), as amended by sec. 117 of this Act; 26 (14) AS 33.16.150(g), as amended by sec. 118 of this Act; 27 (15) AS 33.16.150(h), enacted by sec. 119 of this Act; 28 (16) AS 33.16.180, as amended by sec. 120 of this Act; 29 (17) AS 33.16.200, as amended by sec. 121 of this Act; 30 (18) AS 33.16.210, as amended by sec. 122 of this Act; 31 (19) AS 33.16.210(c), enacted by sec. 123 of this Act; 01 (20) AS 33.16.215, enacted by sec. 124 of this Act; 02 (21) AS 33.16.220(b), as amended by sec. 125 of this Act; 03 (22) AS 33.16.220(f), as amended by sec. 126 of this Act; 04 (23) AS 33.16.220(i), as amended by sec. 127 of this Act; 05 (24) AS 33.16.220(j), enacted by sec. 128 of this Act; 06 (25) AS 33.16.240(h) and (i), enacted by sec. 129 of this Act; and 07 (26) AS 33.16.270, enacted by sec. 130 of this Act. 08 (m) AS 11.56.730(d), enacted by sec. 17 of this Act, and secs. 156 - 158 of this Act 09 apply to offenses committed on or after the effective date of secs. 17 and 156 - 158 of this 10 Act. 11 (n) The following sections apply to an offense committed on or after the effective date 12 of those sections: 13 (1) AS 12.30.006(b), as amended by sec. 40 of this Act; 14 (2) AS 12.30.006(c), as amended by sec. 41 of this Act; 15 (3) AS 12.30.006(d), as amended by sec. 42 of this Act; 16 (4) AS 12.30.006(f), as amended by sec. 43 of this Act; 17 (5) AS 12.30.006(h), enacted by sec. 44 of this Act; 18 (6) AS 12.30.011, as amended by sec. 45 of this Act; 19 (7) AS 12.30.011(e) - (i), enacted by sec. 46 of this Act; 20 (8) AS 12.30.016(b), as amended by sec. 47 of this Act; 21 (9) AS 12.30.016(c), as amended by sec. 48 of this Act; 22 (10) AS 12.30.021(a), as amended by sec. 49 of this Act; 23 (11) AS 12.30.021(c), as amended by sec. 50 of this Act; 24 (12) AS 12.55.051(k), enacted by sec. 58 of this Act; 25 (13) AS 33.07, enacted by sec. 96 of this Act; and 26 (14) AS 43.23.065(b), as amended by sec. 141 of this Act. 27  * Sec. 164. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 CONDITIONAL EFFECT. (a) AS 11.56.730(d), enacted by sec. 17 of this Act, takes 30 effect only if sec. 146 of this Act receives the two-thirds majority vote of each house required 31 by art. IV, sec. 15, Constitution of the State of Alaska. 01 (b) AS 12.30.006(h), added by sec. 44 of this Act, takes effect only if sec. 160(a) of 02 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 03 Constitution of the State of Alaska. 04 (c) AS 12.30.011, as amended by sec. 45 of this Act, takes effect only if sec. 160(b) 05 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 06 Constitution of the State of Alaska. 07 (d) AS 12.30.011(e) - (i), added by sec. 46 of this Act, take effect only if sec. 160(b) 08 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 09 Constitution of the State of Alaska. 10 (e) AS 12.55.055(g), enacted by sec. 60 of this Act, takes effect only if sec. 160(c) of 11 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 12 Constitution of the State of Alaska. 13 (f) AS 12.55.078, enacted by sec. 61 of this Act, takes effect only if sec. 160(d) of this 14 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 15 Constitution of the State of Alaska. 16 (g) AS 12.55.135(p), enacted by sec. 77 of this Act, takes effect only if sec. 160(e) of 17 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 18 Constitution of the State of Alaska. 19 (h) AS 33.07, added by sec. 96 of this Act, takes effect only if sec. 160(f) of this Act 20 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 21 of the State of Alaska. 22  * Sec. 165. Sections 1 - 16, 21 - 34, 55, 57, 59, 61, 63, 67, 72 - 85, 88, 90, 92, 132, 133, 142 23 - 151, and 159 of this Act take effect July 1, 2016. 24  * Sec. 166. Section 79 of this Act takes effect October 1, 2016. 25  * Sec. 167. Sections 51, 53, 54, 60, 62, 64 - 66, 68, 69, 86, 87, 89, 93 - 95, 97 - 131, and 134 26 - 139 of this Act take effect July 1, 2017. 27  * Sec. 168. If AS 11.56.730(d), enacted by sec. 17 of this Act, and sec. 156 of this Act take 28 effect, they take effect January 1, 2018. 29  * Sec. 169. Sections 18 - 20, 35 - 50, 58, 96, 141, 156 - 158, and 160(f) of this Act take 30 effect January 1, 2018.