00 HOUSE CS FOR CS FOR SENATE BILL NO. 55(RLS) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to sentencing; relating to protective orders; relating to restitution; relating to 03 the period of probation; relating to revocation, termination, suspension, cancellation, or 04 restoration of a driver's license; relating to parole; relating to the duties of the 05 Department of Corrections and the Department of Health and Social Services; requiring 06 an inventory of and reports on untested sexual assault examination kits; and providing 07 for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09  * Section 1. AS 11.46.280(d) is amended to read: 10 (d) Issuing a bad check is 11 (1) a class B felony if the face amount of the check [, ADJUSTED 12 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or more; 13 (2) a class C felony if the face amount of the check, adjusted for 01 inflation as provided in AS 11.46.982, is $1,000 or more but less than $25,000; 02 (3) a class A misdemeanor if the face amount of the check, adjusted for 03 inflation as provided in AS 11.46.982, is $250 or more but less than $1,000; 04 (4) a class B misdemeanor if the face amount of the check, adjusted for 05 inflation as provided in AS 11.46.982, is less than $250. 06  * Sec. 2. AS 11.46.285(b) is amended to read: 07 (b) Fraudulent use of an access device is 08 (1) a class B felony if the value of the property or services obtained [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or 10 more; 11 (2) a class C felony if the value of the property or services obtained, 12 adjusted for inflation as provided in AS 11.46.982, is $1,000 or more but less than 13 $25,000; 14 (3) a class A misdemeanor if the value of the property or services 15 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $1,000. 16  * Sec. 3. AS 11.46.730(c) is amended to read: 17 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 18 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as 19 provided in AS 11.46.982, of $1,000 or more as a result of the defendant's conduct, in 20 which case defrauding secured creditors is 21 (1) a class B felony if the loss [, ADJUSTED FOR INFLATION AS 22 PROVIDED IN AS 11.46.982,] is $25,000 or more; 23 (2) a class C felony if the loss, adjusted for inflation as provided in 24 AS 11.46.982, is $1,000 or more but less than $25,000. 25  * Sec. 4. AS 11.56.740(a) is amended to read: 26 (a) A person commits the crime of violating a protective order if the person is 27 subject to a protective order 28 (1) issued, [OR] filed, or recognized under AS 18.66 and containing a 29 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 30 commit an act with reckless disregard that the act violates or would violate a provision 31 of the protective order; 01 (2) issued or recognized under AS 18.65.850, 18.65.855, [OR] 02 18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that 03 violates or would violate a provision listed in AS 18.65.850(c)(1) - (3); or 04 (3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 05 attempts to commit an act with reckless disregard that the act violates or would violate 06 a provision of the protective order. 07  * Sec. 5. AS 11.56.740(c) is amended to read: 08 (c) In this section, "protective order" means an order issued, [OR] filed, or  09 recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or 10 AS 18.66.100 - 18.66.180. 11  * Sec. 6. AS 11.71.050(a) is amended to read: 12 (a) Except as authorized in AS 17.30, a person commits the crime of 13 misconduct involving a controlled substance in the fourth degree if the person 14 (1) manufactures or delivers, or possesses with the intent to 15 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 16 of an aggregate weight of less than one ounce containing a schedule VIA controlled 17 substance; 18 (2) [REPEALED] 19 (3) fails to make, keep, or furnish any record, notification, order form, 20 statement, invoice, or information required under AS 17.30; or 21 (4) under circumstances not proscribed under AS 11.71.030(a)(3),  22 11.71.040(a)(3), 11.71.040(a)(4), [AS 11.71.040(a)(3)] or 11.71.060(a)(2) 23 [11.71.060(a)(2)(B)], possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or 24 VIA controlled substance. 25  * Sec. 7. AS 12.30.027(b) is amended to read: 26 (b) A judicial officer may not order or permit a person released under (a) of 27 this section to return to the residence or place of employment of the victim or the 28 residence or place of employment of a petitioner who has a protective order directed to 29 the person and issued, [OR] filed, or recognized under AS 18.66.100 - 18.66.180 30 unless 31 (1) 20 days have elapsed following the date the person was arrested; 01 (2) the victim or petitioner consents to the person's return to the 02 residence or place of employment; 03 (3) the person does not have a prior conviction for an offense under 04 AS 11.41 that is a crime involving domestic violence; and 05 (4) the court finds by clear and convincing evidence that the return to 06 the residence or place of employment does not pose a danger to the victim or 07 petitioner. 08  * Sec. 8. AS 12.55.011(b) is amended to read: 09 (b) At the time of sentencing, the court shall, if practicable, provide the 10 victim with a form that 11 (1) provides information on 12 (A) whom the victim should contact if the victim has questions 13 about the sentence or release of the offender; 14 (B) the potential for release of the offender on furlough, 15 probation, or parole or for good time credit; and 16 (2) allows the victim to update the victim's contact information with 17 the court, the Victim Information and Notification Everyday service, and the 18 Department of Corrections. 19  * Sec. 9. AS 12.55.015(a) is amended to read: 20 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 21 sentence on a defendant convicted of an offense, may singly or in combination 22 (1) impose a fine when authorized by law and as provided in 23 AS 12.55.035; 24 (2) order the defendant to be placed on probation under conditions 25 specified by the court that may include provision for active supervision; 26 (3) impose a definite term of periodic imprisonment, but only if an 27 employment obligation of the defendant preexisted sentencing and the defendant 28 receives a composite sentence of not more than two years to serve; 29 (4) impose a definite term of continuous imprisonment; 30 (5) order the defendant to make restitution under AS 12.55.045; 31 (6) order the defendant to carry out a continuous or periodic program 01 of community work under AS 12.55.055; 02 (7) suspend execution of all or a portion of the sentence imposed under 03 AS 12.55.080; 04 (8) suspend entry of judgment under AS 12.55.078 or suspend 05 imposition of sentence under AS 12.55.085; 06 (9) order the forfeiture to the commissioner of public safety or a 07 municipal law enforcement agency of a deadly weapon that was in the actual 08 possession of or used by the defendant during the commission of an offense described 09 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 10 (10) order the defendant, while incarcerated, to participate in or 11 comply with the treatment plan of a rehabilitation program that is related to the 12 defendant's offense or to the defendant's rehabilitation if the program is made available 13 to the defendant by the Department of Corrections; 14 (11) order the forfeiture to the state of a motor vehicle, weapon, 15 electronic communication device, or money or other valuables, used in or obtained 16 through an offense that was committed for the benefit of, at the direction of, or in 17 association with a criminal street gang; 18 (12) order the defendant to have no contact, either directly or 19 indirectly, with a victim or witness of the offense until the defendant is 20 unconditionally discharged; 21 (13) order the defendant to refrain from consuming alcoholic 22 beverages for a period of time. 23  * Sec. 10. AS 12.55.045(l) is amended to read: 24 (l) An order by the court that the defendant pay restitution is a civil judgment 25 for the amount of the restitution. An order by the court that the defendant pay 26 restitution when the court suspends entry of judgment under AS 12.55.078 or 27 suspends imposition of sentence under AS 12.55.085 is a civil judgment for the 28 amount of the restitution and remains enforceable and is not discharged when the  29 proceeding is dismissed under AS 12.55.078 or a conviction is set aside under 30 AS 12.55.085. The victim or the state on behalf of the victim may enforce the 31 judgment through any procedure authorized by law for the enforcement of a civil 01 judgment. If the victim enforces or collects restitution through civil process, collection 02 costs and full reasonable attorney fees shall be awarded. If the state on the victim's 03 behalf enforces or collects restitution through civil process, collection costs and full 04 reasonable attorney fees shall be awarded, up to a maximum of twice the amount of 05 restitution owing at the time the civil process was initiated. This section does not limit 06 the authority of the court to enforce orders of restitution. 07  * Sec. 11. AS 12.55.078(a) is amended to read: 08 (a) Except as provided in (f) of this section, if a person is found guilty or 09 pleads guilty to a crime, the court may, with the consent of the defendant and the 10 prosecution and without imposing or entering a judgment of guilt, defer further 11 proceedings and place the person on probation. The period of probation may not 12 exceed the applicable terms set out in AS 12.55.090(c). The court may not impose a  13 sentence of imprisonment under this section. 14  * Sec. 12. AS 12.55.078(d) is amended to read: 15 (d) If the court finds that the person has successfully completed probation, the 16 court shall, at the end of the probationary period set by the court, or at any time after 17 the expiration of one year from the date [OF] the original probation was imposed, 18 discharge the person and dismiss the proceedings against the person. A person who is  19 discharged under this section is not convicted of a crime. 20  * Sec. 13. AS 12.55.078(f) is amended to read: 21 (f) The court may not suspend the imposition or entry of judgment and may 22 not defer prosecution under this section of a person who 23 (1) is charged with [CONVICTED OF] a violation of AS 11.41.100 - 24 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, 25 AS 11.46.400, AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 26 (2) uses a firearm in the commission of the offense for which the 27 person is charged [CONVICTED]; 28 (3) has previously been granted a suspension of judgment under this 29 section or a similar statute in another jurisdiction, unless the court enters written 30 findings that by clear and convincing evidence the person's prospects for rehabilitation 31 are high and suspending judgment under this section adequately protects the victim of 01 the offense, if any, and the community; 02 (4) is charged with [CONVICTED OF] a violation of AS 11.41.230, 03 11.41.250, or a felony and the person has one or more prior convictions for a 04 misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or 05 another jurisdiction having similar elements to an offense defined as a misdemeanor in 06 AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall 07 be considered to have a prior conviction even if 08 (A) the charges were dismissed under this section; 09 (B) the conviction has been set aside under AS 12.55.085; or 10 (C) the charge or conviction was dismissed or set aside under 11 an equivalent provision of the laws of another jurisdiction; or 12 (5) is charged with [HAS BEEN CONVICTED OF] a crime 13 involving domestic violence, as defined in AS 18.66.990. 14  * Sec. 14. AS 12.55.090(c) is amended to read: 15 (c) The period of probation, together with any extension, may not exceed 16 (1) 15 years for a felony sex offense; 17 (2) 10 years for an unclassified felony under AS 11 not listed in (1) of  18 this subsection; 19 (3) five years for a felony offense not listed in (1) or (2) of this 20 subsection; 21 (4) three years for a misdemeanor offense 22 (A) under AS 11.41; 23 (B) that is a crime involving domestic violence; or 24 (C) that is a sex offense, as that term is defined in 25 AS 12.63.100; 26 (5) two years for a misdemeanor offense under AS 28.35.030 or 27 28.35.032, if the person has previously been convicted of an offense under 28 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another 29 jurisdiction; or 30 (6) one year for an offense not listed in (1) - (5) of this subsection. 31  * Sec. 15. AS 12.65.130(a) is amended to read: 01 (a) The state child fatality review team shall 02 (1) assist the state medical examiner in determining the cause and 03 manner of the deaths in this state of children under 18 years of age; 04 (2) unless the child's death is currently being investigated by a law 05 enforcement agency, review a report of a death of a child within 48 hours of the report 06 being received by the medical examiner if 07 (A) the death is of a child under 10 years of age; 08 (B) the deceased child, a sibling, or a member of the deceased 09 child's household 10 (i) is in the legal or physical custody of the state under 11 AS 47 or under similar custody of another state or political subdivision 12 of a state; or 13 (ii) has been the subject of a report of harm under 14 AS 47.17 or a child abuse or neglect investigation by the Department of 15 Health and Social Services or by a similar child protective service in 16 this or another state; 17 (C) a protective order issued, filed, or recognized under 18 AS 18.66.100, [OR] 18.66.110, or 18.66.140 has been in effect during the 19 previous year in which the petitioner or respondent was a member of the 20 deceased child's immediate family or household; or 21 (D) the child's death occurred in a mental health institution, 22 mental health treatment facility, foster home, or other residential or child care 23 facility, including a day care facility; 24 (3) review records concerning 25 (A) abuse or neglect of the deceased child or another child in 26 the deceased child's household; 27 (B) the criminal history or juvenile delinquency of a person 28 who may have caused the death of the child and of persons in the deceased 29 child's household; and 30 (C) a history of domestic violence involving a person who may 31 have caused the death of the child or involving persons in the deceased child's 01 household, including records in the central registry of protective orders under 02 AS 18.65.540; 03 (4) if insufficient information exists to adequately determine the cause 04 and manner of death, recommend to the state medical examiner that additional 05 information be obtained under AS 12.65.020; and 06 (5) if a local, regional, or district child fatality review team has not 07 been appointed under AS 12.65.015 or is not available, be available to provide 08 recommendations, suggestions, and advice to state or municipal law enforcement or 09 social service agencies in the investigation of deaths of children. 10  * Sec. 16. AS 18.65.865(b) is amended to read: 11 (b) The Alaska Court System shall prepare forms for petitions and protective 12 orders and instructions for their use by a person seeking a protective order under 13 AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil 14 Procedure, except that information on the forms may be filled in by legible 15 handwriting. Filing fees may not be charged in any action seeking only the relief 16 provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the 17 following warning in boldface type: "Violation of this order may be a misdemeanor, 18 punishable by up to one year of incarceration and a fine of up to $25,000 [$10,000]." 19  * Sec. 17. AS 18.65 is amended by adding a new section to read: 20 Sec. 18.65.867. Enforcement and recognition of protective orders issued in  21 other jurisdictions. (a) A protective order issued in another jurisdiction has the same 22 effect and must be recognized and enforced in the same manner as a protective order 23 issued by a court of this state if the protective order is 24 (1) issued by a court of the United States, a court of another state or 25 territory, a United States military tribunal, or a tribal court; 26 (2) related to stalking or sexual assault that is not a crime involving 27 domestic violence; and 28 (3) entitled to full faith and credit under 18 U.S.C. 2265. 29 (b) A protective order issued in another jurisdiction that appears authentic on 30 its face is presumed valid. 31  * Sec. 18. AS 18.66.130(d) is amended to read: 01 (d) In addition to other required information contained in a protective order, 02 the order must include in bold face type the following statements: 03 (1) "Violation of this order may be a misdemeanor, punishable by up 04 to one year of incarceration and up to a $25,000 [$10,000] fine"; 05 (2) "If you are ordered to have no contact with the petitioner or to stay 06 away from the petitioner's residence, vehicle, or other place designated by the court, 07 an invitation by the petitioner to have the prohibited contact or to be present at or enter 08 the residence, vehicle, or other place does not in any way invalidate or nullify the 09 order." 10  * Sec. 19. AS 18.66.140(b) is amended to read: 11 (b) A protective order issued in another jurisdiction [FILED IN 12 ACCORDANCE WITH (a) OF THIS SECTION] has the same effect and must be 13 recognized and enforced in the same manner as a protective order issued by a court of 14 this state, regardless of whether the protective order issued in another jurisdiction  15 is filed as described in (a) of this section, if the protective order is  16 (1) issued by a court of the United States, a court of another state  17 or territory, a United States military tribunal, or a tribal court;  18 (2) related to domestic violence; and  19 (3) entitled to full faith and credit under 18 U.S.C. 2265.  20  * Sec. 20. AS 18.66.140 is amended by adding a new subsection to read: 21 (d) A protective order issued in another jurisdiction that appears authentic on 22 its face is presumed valid. 23  * Sec. 21. AS 25.24.210(e) is amended to read: 24 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 25 must state in detail the terms of the agreement between the spouses concerning the 26 custody of children, child support in terms of periodic payments and in terms of health 27 care expenses, visitation, spousal maintenance and tax consequences, if any, and fair 28 and just division of property, including retirement benefits. A petition filed by both 29 spouses under AS 25.24.200(a) may provide for the ownership or joint ownership of 30 an animal, taking into consideration the well-being of the animal. Agreements on 31 spousal maintenance and property division must fairly allocate the economic effect of 01 dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4). 02 In addition, the petition must state 03 (1) the respective occupations of the petitioners; 04 (2) the income, assets, and liabilities of the respective petitioners at the 05 time of filing the petition; 06 (3) the date and place of the marriage; 07 (4) the name, date of birth, and current marital, educational, and 08 custodial status of each child born of the marriage or adopted by the petitioners who is 09 under the age of 19; 10 (5) whether the wife is pregnant; 11 (6) whether either petitioner requires medical care or treatment; 12 (7) whether any of the following has been issued or filed during the 13 marriage by or regarding either spouse as defendant, participant, or respondent: 14 (A) a criminal charge of a crime involving domestic violence; 15 (B) a protective order under AS 18.66.100 - 18.66.180; 16 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 17 or 18 (D) a protective order issued in another jurisdiction and 19 recognized [FILED WITH THE COURT] in this state under AS 18.66.140; 20 (8) whether either petitioner has received the advice of legal counsel 21 regarding a divorce or dissolution; 22 (9) other facts and circumstances that the petitioners believe should be 23 considered; 24 (10) that the petition constitutes the entire agreement between the 25 petitioners; and 26 (11) any other relief sought by the petitioners. 27  * Sec. 22. AS 25.24.220(h) is amended to read: 28 (h) In its examination of a petitioner under (d) of this section, the court shall 29 use a heightened level of scrutiny of agreements if 30 (1) one party is represented by counsel and the other is not; 31 (2) there is evidence that a party committed a crime involving 01 domestic violence during the marriage or if any of the following has been issued or 02 filed during the marriage by or regarding either spouse as defendant, participant, or 03 respondent: 04 (A) a criminal charge of a crime involving domestic violence; 05 (B) a protective order under AS 18.66.100 - 18.66.180; 06 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 07 or 08 (D) a protective order issued in another jurisdiction and 09 recognized [FILED WITH THE COURT] in this state under AS 18.66.140; 10 (3) there is a minor child of the marriage; or 11 (4) there is a patently inequitable division of the marital estate. 12  * Sec. 23. AS 28.15.165(e) is amended to read: 13 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 14 license has been revoked under this section as a result of a refusal to submit to a 15 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 16 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 17 municipal ordinance in which the test produced a result described in 18 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 19 department shall rescind a revocation under this subsection if the department finds that 20 the person has supplied proof in a form satisfactory to the department that 21 (1) the person has been acquitted of driving while under the influence 22 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 23 similar municipal ordinance for the incident on which the revocation was based; or 24 (2) all criminal charges against the person for driving while under the 25 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 26 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 27 the incident on which the revocation is based have been dismissed [WITHOUT 28 PREJUDICE]. 29  * Sec. 24. AS 29.25.070(g) is amended to read: 30 (g) If a municipality prescribes a penalty for a violation of a municipal 31 ordinance, including a violation under (a) of this section, and there is a comparable 01 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the 02 municipal ordinance, the municipality may not impose a greater punishment than that 03 imposed for a violation of the state crime [LAW]. This subsection applies to home 04 rule and general law municipalities. 05  * Sec. 25. AS 44.19.645(g) is amended to read: 06 (g) The Department of Corrections shall report quarterly to the working group 07 authorized in (b)(3) of this section. The report shall include the following information: 08 (1) data on pretrial decision making and outcomes, including 09 information on pretrial detainees admitted for a new criminal charge; detainees 10 released at any point before case resolution; time spent detained before first release or 11 case resolution; pretrial defendant risk level and charge; pretrial release 12 recommendations made by pretrial services officers; pretrial conditions imposed on 13 pretrial detainees by judicial officers, including amount of bail, and supervision 14 conditions; and information on pretrial outcomes, including whether or not the 15 defendant appeared in court or was re-arrested during the pretrial period; 16 (2) data on offenders admitted to the Department of Corrections for a 17 new criminal conviction, including the offense type, number of prior felony 18 convictions, sentence length, and length of stay; 19 (3) data on the population of the Department of Corrections, using a 20 one-day snapshot on the first day of the first month of each quarter, broken down by 21 type of admission, offense type, and risk level; 22 (4) data on offenders on probation supervised by the Department of 23 Corrections, including the total number of offenders supervised using a one-day 24 snapshot on the first month of each quarter; admissions to probation; assignments to a 25 program under AS 33.05.020(f); probation sentence length; time served on the 26 sentence; whether probation was successfully completed, any new convictions for a 27 felony offense, and any sentences to a term of imprisonment while on probation; 28 (5) data on parole, including the number of offenders supervised on 29 parole, using a one-day snapshot on the first month of each quarter; the number of 30 parole hearings; the parole grant rate and number of parolees released on 31 administrative, discretionary, and special medical parole; and information on parolees, 01 including time spent on parole, whether parole was successfully completed, any new 02 convictions for a new felony offense, and any sentences to a term of imprisonment 03 while on parole; 04 (6) data on the implementation of policies from the 2015 justice 05 reinvestment report, including the number and percentage of offenders who earn 06 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 07 and the total amount of credits earned; the average number of sanctions issued under 08 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 09 common violations of probation or parole; and 10 (7) data on probation and parole revocations, including information on 11 probationers and parolees admitted for a supervision violation pre-case and post-case 12 resolution; probationers and parolees admitted solely for a technical violation; 13 probationers and parolees admitted for a new arrest; the number of previous 14 revocations on the current sentence, if any; the length of time held pre-case resolution; 15 the length of time to case resolution; and the length of stay. 16  * Sec. 26. AS 47.37.040 is amended to read: 17 Sec. 47.37.040. Duties of department. The department shall 18 (1) develop, encourage, and foster statewide, regional, and local plans 19 and programs for the prevention of alcoholism and drug abuse and treatment of 20 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 21 public and private agencies, organizations, and individuals, and provide technical 22 assistance and consultation services for these purposes; 23 (2) coordinate the efforts and enlist the assistance of all public and 24 private agencies, organizations, and individuals interested in prevention of alcoholism, 25 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 26 abusers, and inhalant abusers; 27 (3) cooperate with the Department of Corrections in establishing and 28 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 29 abusers, and inhalant abusers in or on parole from penal institutions; 30 (4) cooperate with the Department of Education and Early 31 Development, school boards, schools, police departments, courts, and other public and 01 private agencies, organizations, and individuals in establishing programs for the 02 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 03 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 04 materials for use at all levels of school education; 05 (5) prepare, publish, evaluate, and disseminate educational material 06 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 07 volatile substances; 08 (6) develop and implement, as an integral part of treatment programs, 09 an educational program for use in the treatment of alcoholics, intoxicated persons, 10 drug abusers, and inhalant abusers that includes the dissemination of information 11 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 12 (7) organize and foster training programs for all persons engaged in 13 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 14 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 15 abuse workers; 16 (8) sponsor and encourage research into the causes and nature of 17 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 18 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 19 for information relating to alcoholism, drug abuse, and inhalant abuse; 20 (9) specify uniform methods for keeping statistical information by 21 public and private agencies, organizations, and individuals, and collect and make 22 available relevant statistical information, including number of persons treated, 23 frequency of admission and readmission, and frequency and duration of treatment; 24 (10) conduct program planning activities approved by the Advisory 25 Board on Alcoholism and Drug Abuse; 26 (11) review all state health, welfare, and treatment plans to be 27 submitted for federal funding, and advise the commissioner on provisions to be 28 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 29 abusers; 30 (12) assist in the development of, and cooperate with, alcohol, drug 31 abuse, and inhalant abuse education and treatment programs for employees of state 01 and local governments and businesses and industries in the state; 02 (13) use the support and assistance of interested persons in the 03 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 04 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 05 treatment; 06 (14) cooperate with the Department of Public Safety and the 07 Department of Transportation and Public Facilities in establishing and conducting 08 programs designed to deal with the problem of persons operating motor vehicles while 09 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 10 develop and approve alcohol information courses required to be taken by drivers under 11 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 12 laws; 13 (15) encourage hospitals and other appropriate health facilities to 14 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 15 inhalant abusers and to provide them with adequate and appropriate treatment; 16 (16) encourage all health insurance programs to include alcoholism 17 and drug abuse as a covered illness; 18 (17) prepare an annual report covering the activities of the department 19 and notify the legislature that the report is available; 20 (18) develop and implement a training program on alcoholism and 21 drug abuse for employees of state and municipal governments, and private institutions; 22 (19) develop curriculum materials on drug and alcohol abuse and the 23 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 24 well as a course of instruction for teachers to be charged with presenting the 25 curriculum; 26 (20) develop and implement or designate, in cooperation with other 27 state or local agencies, a juvenile alcohol safety action program that provides alcohol 28 and substance abuse screening, referral, and monitoring of persons under 18 years of 29 age who have been referred to it by 30 (A) a court in connection with a charge or conviction of a 31 violation or misdemeanor related to the use of alcohol or a controlled 01 substance; 02 (B) the agency responsible for the administration of motor 03 vehicle laws in connection with a license action related to the use of alcohol or 04 a controlled substance; or 05 (C) department staff after a delinquency adjudication that is 06 related to the use of alcohol or a controlled substance; 07 (21) develop and implement, or designate, in cooperation with other 08 state or local agencies, an alcohol safety action program that provides services to 09 persons who have been referred by a court under AS 04.16.049, 04.16.050, 10 AS 28.35.028, 28.35.030, or 28.35.032, or referred by an agency of the state with the 11 responsibility for administering motor vehicle laws in connection with a driver's 12 license action involving the use of alcohol or a controlled substance; 13 (22) whenever possible, apply evidence-based, research-based, and 14 consensus-based substance abuse and co-occurring substance abuse and mental health 15 disorders treatment practices and remove barriers that prevent the use of those 16 practices; 17 (23) collaborate with first responders, hospitals, schools, primary care 18 providers, developmental disability treatment providers, law enforcement, corrections, 19 attorneys, the Alaska Court System, community behavioral treatment providers, 20 Alaska Native organizations, and federally funded programs in implementing 21 programs for co-occurring substance abuse and mental health disorders treatment. 22  * Sec. 27. AS 33.16.120(h) is repealed. 23  * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 REPORT ON UNTESTED SEXUAL ASSAULT EXAMINATION KITS. (a) By 26 September 1, 2017, each law enforcement agency and state department charged with the 27 maintenance, storage, and preservation of sexual assault examination kits shall conduct an 28 inventory of untested sexual assault examination kits and report, in writing, to the Department 29 of Public Safety the number of untested sexual assault examination kits in the possession of 30 the agency or department and the date on which each sexual assault examination kit was 31 collected. 01 (b) By November 1, 2017, the Department of Public Safety shall prepare and transmit 02 a report to the president of the senate and the speaker of the house of representatives that 03 contains 04 (1) the number of untested sexual assault examination kits stored by each law 05 enforcement agency or department; 06 (2) the date each untested sexual assault examination kit was collected; and 07 (3) a plan for addressing the backlog and prevention of a backlog of untested 08 sexual assault examination kits. 09 (c) The Department of Public Safety shall deliver a copy of the report prepared under 10 (b) of this section to the senate secretary and the chief clerk of the house of representatives 11 and notify the legislature that the report is available. 12 (d) In this section, "untested sexual assault examination kit" means a sexual assault 13 examination kit with evidence that 14 (1) has been collected but that has not been submitted to a laboratory operated 15 or approved by the Department of Public Safety for either a serological or DNA test; or 16 (2) has been collected and submitted to a laboratory operated or approved by 17 the Department of Public Safety but that has not had a serological or DNA test conducted on 18 the evidence. 19  * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. (a) The following sections apply to offenses committed on or after 22 the effective date of those sections: 23 (1) AS 11.46.280(d), as amended by sec. 1 of this Act; 24 (2) AS 11.46.285(b), as amended by sec. 2 of this Act; 25 (3) AS 11.46.730(c), as amended by sec. 3 of this Act; and 26 (4) AS 11.71.050(a), as amended by sec. 6 of this Act. 27 (b) AS 12.55.078(a), as amended by sec. 11 of this Act, AS 12.55.078(d), as amended 28 by sec. 12 of this Act, and AS 12.55.078(f), as amended by sec. 13 of this Act, apply to 29 prosecutions occurring on or after the effective date of secs. 11 - 13 of this Act, for offenses 30 committed before, on, or after the effective date of secs. 11 - 13 of this Act. 31 (c) AS 12.55.090(c), as amended by sec. 14 of this Act, applies to probation ordered 01 on or after the effective date of sec. 14 of this Act for offenses committed before, on, or after 02 the effective date of sec. 14 of this Act. 03 (d) AS 28.15.165(e), as amended by sec. 23 of this Act, applies to a revocation of a 04 driver's license, privilege to drive, or privilege to obtain a license, or to an identification card 05 or driver's license issued to a parolee, occurring before, on, or after the effective date of sec. 06 23 of this Act for conduct occurring before, on, or after the effective date of sec. 23 of this 07 Act. 08  * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY OF SECS. 148 AND 151, CH. 36, SLA 2016. (a) Nothing in the 11 provisions of AS 33.16.220(i) may be construed as invalidating a decision of the Board of 12 Parole, issued before January 1, 2017, that extended the period of supervision beyond the 13 maximum release date on the original sentence. 14 (b) Nothing in the provisions of AS 33.16.270 may be construed as applying to credit 15 for time served on parole before January 1, 2017. 16  * Sec. 31. Sections 1 - 3, 6, 8 - 14, 16, 18, and 23 - 30 of this Act take effect immediately 17 under AS 01.10.070(c).