00 HOUSE BILL NO. 66 01 "An Act relating to pretrial services supervision agreements." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 33.07.010 is amended to read: 04 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 05 shall establish and administer a pretrial services program that provides a pretrial risk 06 assessment for all defendants detained in custody in a correctional facility following 07 arrest and for any defendant for whom the prosecution requests to have a pretrial risk 08 assessment at the next hearing or arraignment. The pretrial services program shall 09 make recommendations to the court concerning pretrial release decisions and provide 10 supervision of defendants charged with a violation of state law and released while 11 awaiting trial as ordered by the court. 12  * Sec. 2. AS 33.07.020 is amended to read: 13 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 14 shall  15 (1) appoint and make available to the superior court and district court 01 qualified pretrial services officers; 02 (2) fix pretrial services officers' salaries; 03 (3) assign pretrial services officers to each judicial district; 04 (4) provide for the necessary supervision, training, expenses, including 05 clerical services, and travel of pretrial services officers; 06 (5) approve a risk assessment instrument that is objective, 07 standardized, and developed based on analysis of empirical data and risk factors 08 relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 09 and the likelihood of rearrest during the pretrial period, and that is validated on the 10 state's pretrial population; and 11 (6) except for regulations adopted under (b) of this section, adopt 12 regulations in consultation with the Department of Law, the public defender, the 13 Department of Public Safety, the office of victims' rights, and the Alaska Court 14 System, consistent with this chapter and as necessary to implement the program; the 15 regulations must include a process for pretrial services officers to make a 16 recommendation to the court concerning a pretrial release decision and guidelines for 17 pretrial diversion recommendations. 18  * Sec. 3. AS 33.07.020 is amended by adding a new subsection to read: 19 (b) Notwithstanding (a) of this section, the commissioner may 20 (1) enter into an agreement with a municipality of the state to provide 21 pretrial supervision services as ordered by the court to defendants charged solely with 22 a violation of a law of that municipality; and 23 (2) adopt regulations establishing reasonable fees for the services 24 provided to a municipality under this subsection. 25  * Sec. 4. AS 33.07.030(g) is amended to read: 26 (g) A pretrial services officer may 27 (1) recommend pretrial diversion to the court and parties before 28 adjudication in accordance with the guidelines established by the commissioner under 29 AS 33.07.020(a)(6) [AS 33.07.020(6)]; 30 (2) if the officer has probable cause to believe the defendant has 31 committed an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's 01 release conditions, file a complaint with the court and 02 (A) arrest, with or without a warrant, a defendant who has been 03 released while awaiting trial; or 04 (B) request the court to issue warrants related to any violation 05 of the defendant's release conditions; 06 (3) refer interested defendants for substance abuse screening, 07 assessment, and treatment on a voluntary basis and assist any defendant whose offense 08 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 09 controlled substances with accessing and obtaining appropriate treatment in the 10 community to address those needs; 11 (4) recommend that a defendant charged with an offense involving the 12 use of alcohol or controlled substances comply with a program established under 13 AS 47.38.020; and 14 (5) coordinate with community-based organizations and tribal courts 15 and councils to develop and expand pretrial diversion options. 16  * Sec. 5. AS 37.05.146(c) is amended by adding a new paragraph to read: 17 (88) receipts of the Department of Corrections from pretrial 18 supervision services provided under AS 33.07.020(b). 19  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. Pretrial services officers shall supervise defendants in accordance 22 with orders for pretrial services issued before the effective date of this Act.