CSHB 69(STA): "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)."
00CS FOR HOUSE BILL NO. 69(STA) 01 "An Act relating to registration of and information about sex offenders and 02 amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 05 (1) sex offenders pose a high risk of reoffending after release from custody; 06 (2) protecting the public from sex offenders is a primary governmental interest; 07 (3) the privacy interests of persons convicted of sex offenses are less important 08 than the government's interest in public safety; and 09 (4) release of certain information about sex offenders to public agencies and 10 the general public will assist in protecting the public safety. 11 * Sec. 2. AS 11.56 is amended by adding a new section to article 5 to read: 12 Sec. 11.56.840. FAILURE TO REGISTER AS A SEX OFFENDER. A person 13 who knowingly fails to register as required in AS 12.63.010 is guilty of a class B 14 misdemeanor.
01 * Sec. 3. AS 12.55 is amended by adding a new section to read: 02 Sec. 12.55.148. JUDGMENT FOR SEX OFFENSES. When a defendant is 03 convicted of a sex offense by a court of this state, the written judgment must set out 04 the registration requirements of AS 12.63.010. 05 * Sec. 4. AS 12 is amended by adding a new chapter to read: 06 CHAPTER 63. REGISTRATION OF SEX OFFENDERS. 07 Sec. 12.63.010. REGISTRATION OF SEX OFFENDERS. (a) A sex offender 08 who is physically present in the state shall register as provided in this section. The sex 09 offender shall register within 10 (1) 30 days of release from a state correctional facility; 11 (2) 30 days of conviction for a sex offense if the sex offender is not 12 sentenced to a term of incarceration; or 13 (3) 45 days of becoming physically present in the state. 14 (b) Except as provided in (c) of this section, a sex offender required to register 15 under (a) of this section shall register in person at the Alaska state trooper post located 16 nearest to where the sex offender resides at the time of registration. To fulfill the 17 registration requirement, the sex offender shall 18 (1) complete a registration form that includes the sex offender's name, 19 address, place of employment, date of birth, crime for which convicted, date of 20 conviction, place and court of conviction, all aliases used, and Alaska driver's license 21 number; 22 (2) allow the Alaska state troopers to take a complete set of the sex 23 offender's fingerprints; and 24 (3) allow the Alaska state troopers to take the sex offender's 25 photograph. 26 (c) If a sex offender that is required to register under (a) of this section resides 27 more than 50 miles from an Alaska state trooper post, the sex offender may register 28 in person with a municipal police department. The sex offender shall fulfill the 29 requirements of (b)(1) - (3) of this section as if the sex offender were registering with 30 an Alaska state trooper post. The department shall provide forms and directions to 31 municipal police departments to fulfill this requirement.
01 (d) If a sex offender changes residence within the state after having registered 02 under (a) of this section, the sex offender shall provide written notice of the change 03 to the Alaska state trooper post located nearest to the new residence within 10 days of 04 the change. 05 (e) A sex offender required to register under (a) of this section shall annually, 06 during the term of a duty to register under AS 12.63.020, on a date set by the 07 department at the time of the sex offender's initial registration, provide written notice 08 to the department of any changes to the information initially provided under (b)(1) of 09 this section, or if there are no changes, a statement to that effect. 10 Sec. 12.63.020. TERMINATION OF SEX OFFENDER DUTY TO 11 REGISTER. (a) The duty of a sex offender to register under AS 12.63.010 ends 12 (1) 10 years following the sex offender's unconditional discharge from 13 a conviction for an unclassified, class A, or class B felony sex offense; 14 (2) five years following the sex offender's unconditional discharge from 15 a conviction for a class C felony, a class A misdemeanor, or a class B misdemeanor 16 sex offense. 17 (b) The termination date of the duty to register, as provided in (a) of this 18 section, is based on the most serious class of sex offense for which the sex offender 19 was convicted. 20 Sec. 12.63.100. DEFINITIONS. In this chapter, 21 (1) "department" means the Department of Public Safety; 22 (2) "sex offender" means a person convicted of a sex offense in this 23 state or another jurisdiction regardless of whether the conviction occurred before, after, 24 or on the effective date of this section; 25 (3) "sex offense" means a crime, or an attempt to commit a crime, 26 under AS 11.41.410 - 11.41.455 or a similar law in another jurisdiction; 27 (4) "unconditional discharge" has the meaning given in AS 12.55.185. 28 * Sec. 5. AS 18.65 is amended by adding a new section to read: 29 Sec. 18.65.087. CENTRAL REGISTRY OF SEX OFFENDERS. (a) The 30 Alaska state troopers shall maintain a central registry of sex offenders required to 31 register under AS 12.63.010 and shall adopt regulations necessary to carry out the
01 purposes of this section and AS 12.63. A post of the Alaska state troopers or a 02 municipal police department that receives information and fingerprints under 03 AS 12.63.010 shall forward the information and fingerprints within five working days 04 of receipt to the central registry of sex offenders. 05 (b) Information about a sex offender that is contained in the central registry, 06 including sets of fingerprints, is confidential and not subject to public disclosure except 07 as to the sex offender's name, address, place of employment, date of birth, crime for 08 which convicted, date of conviction, place and court of conviction, and length of 09 sentence. 10 (c) The Department of Public Safety 11 (1) shall adopt regulations to allow a sex offender to review sex 12 offender registration information that refers to that sex offender, and if the sex offender 13 believes the information is inaccurate or incomplete, to request the department to 14 correct the information, except that if a sex offender challenges information related to 15 a conviction or records of convictions the sex offender shall seek correction of the 16 information under AS 12.62.030; 17 (2) may adopt regulations to establish fees to be charged for registration 18 under AS 12.63.010 and for information requests. 19 * Sec. 6. AS 28.05 is amended by adding a new section to read: 20 Sec. 28.05.048. SEX OFFENDER REGISTRATION. The department shall 21 display notice of the registration requirements of AS 12.63.010 at a place where the 22 public may apply for a driver's license, identification card, or vehicle registration. 23 * Sec. 7. AS 33.30 is amended by adding a new section to read: 24 Sec. 33.30.012. NOTICE OF RELEASE, PAROLE, COMMUNITY 25 PLACEMENT, WORK RELEASE PLACEMENT, FURLOUGH, OR ESCAPE OF 26 SEX OFFENDER. (a) At the earliest possible date, and in no event later than 10 27 days before release, the commissioner shall send written notice of release, parole, 28 community placement, work release placement, or furlough of a specific inmate 29 convicted of a sex offense to: 30 (1) the chief of police of the community, if any, in which the inmate 31 will reside; and
01 (2) the Alaska state trooper post located nearest to where the inmate 02 will reside. 03 (b) If an inmate convicted of a sex offense escapes from a correctional facility, 04 the commissioner shall immediately notify the chief of police of the community and 05 Alaska state trooper post located closest to where the inmate resided immediately 06 before the inmate's arrest and conviction. 07 * Sec. 8. AS 33.30 is amended by adding a new section to read: 08 Sec. 33.30.035. NOTICE TO SEX OFFENDERS OF REGISTRATION 09 REQUIREMENT. The department shall provide written notice to a sex offender of 10 the registration requirements of AS 12.63.010, and shall obtain a signed 11 acknowledgement of receipt of notice from the sex offender 12 (1) at the time of the sex offender's release from a state correctional 13 facility; 14 (2) immediately after taking supervision of a sex offender under the 15 Interstate Corrections Compact or AS 33.36.110. 16 * Sec. 9. AS 33.30.901 is amended by adding a new paragraph to read: 17 (14) "sex offender" has the meaning given in AS 12.63.100. 18 * Sec. 10. Alaska Rule of Criminal Procedure 11(c) is amended to read: 19 (c) PLEAS OF GUILTY OR NOLO CONTENDERE. The court shall not 20 accept a plea of guilty or nolo contendere from a defendant without first addressing 21 the defendant personally and 22 (1) determining that the defendant [HE] understands the nature of the 23 charge; and 24 (2) informing the defendant [HIM] that by the [HIS] plea of guilty or 25 nolo contendere the defendant [HE] waives the [HIS] right to trial by jury or trial by 26 a judge and the right to be confronted with the witnesses against the defendant 27 [HIM]; [AND] 28 (3) informing the defendant [HIM]: 29 (i) of the mandatory minimum punishment, if any, and 30 the maximum possible punishment provided by the statute defining the 31 offense to which the plea is offered, and
01 (ii) that the defendant has the right to plead not guilty 02 or to persist in that plea if it has already been made, or to plead guilty; 03 and 04 (4) if the defendant is charged with a sex offense as defined in 05 AS 12.63.100, informing the defendant in writing of the registration requirement 06 under AS 12.63.010. 07 * Sec. 11. The provisions of AS 12.55.148, added by sec. 3 of this Act, have the effect of 08 changing Alaska Rule of Criminal Procedure 32(b) by adding a requirement that a judgment 09 containing notification of the duty to register under AS 12.63.010 be provided to a defendant 10 convicted of a sex offense. 11 * Sec. 12. APPLICABILITY. A sex offender whose most recent conviction for a sex 12 offense occurred before the effective date of this Act and whose duty to register has not 13 terminated under AS 12.63.020, added by sec. 4 of this Act, before January 1, 1994, shall 14 register under AS 12.63.010, added by sec. 4 of this Act, before January 1, 1994. In this 15 section, "sex offender" and "sex offense" have the meanings given by AS 12.63.100, added 16 by sec. 4 of this Act. 17 * Sec. 13. AS 12.55.148, added by sec. 3 of this Act, takes effect only if sec. 11 of this 18 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 19 Constitution of the State of Alaska.