CSHB 69(JUD): "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b); and providing for an effective date."
00CS FOR HOUSE BILL NO. 69(JUD) 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); and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 06 (1) sex offenders pose a high risk of reoffending after release from custody; 07 (2) protecting the public from sex offenders is a primary governmental interest; 08 (3) the privacy interests of persons convicted of sex offenses are less important 09 than the government's interest in public safety; and 10 (4) release of certain information about sex offenders to public agencies and 11 the general public will assist in protecting the public safety. 12 * Sec. 2. AS 11.56 is amended by adding a new section to article 5 to read: 13 Sec. 11.56.840. FAILURE TO REGISTER AS A SEX OFFENDER. A person 14 who knowingly fails to (1) register, (2) file the written notice of change of address, or
01 (3) file the annual written notice or statement, as required in AS 12.63.010, is guilty 02 of a class A misdemeanor. 03 * Sec. 3. AS 11.56.840 is repealed and reenacted to read: 04 Sec. 11.56.840. FAILURE TO REGISTER AS A SEX OFFENDER. A person 05 who knowingly fails to (1) register, (2) file the written notice of change of address, (3) 06 file the annual written notice or statement, or (4) supply a blood sample, as required 07 in AS 12.63.010, is guilty of a class A misdemeanor. 08 * Sec. 4. AS 12.55 is amended by adding a new section to read: 09 Sec. 12.55.148. JUDGMENT FOR SEX OFFENSES. (a) When a defendant 10 is convicted of a sex offense by a court of this state, the written judgment must set out 11 the requirements of AS 12.63.010. 12 (b) In this section, "sex offense" has the meaning given in AS 12.63.100. 13 * Sec. 5. AS 12 is amended by adding a new chapter to read: 14 CHAPTER 63. REGISTRATION OF SEX OFFENDERS. 15 Sec. 12.63.010. REGISTRATION OF SEX OFFENDERS AND RELATED 16 REQUIREMENTS. (a) A sex offender who is physically present in the state shall 17 register as provided in this section. The sex offender shall register within 18 (1) seven days of release from a state correctional facility; 19 (2) seven days of conviction for a sex offense if the sex offender is not 20 sentenced to a term of incarceration; or 21 (3) 14 days of becoming physically present in the state, unless the sex 22 offender is a probationer or parolee being supervised by the state as the receiving state 23 under AS 33.36.110 - 33.36.120, in which case the sex offender shall register within 24 seven days of becoming physically present in the state. 25 (b) A sex offender required to register under (a) of this section shall register 26 in person at the Alaska state trooper post or municipal police department located 27 nearest to where the sex offender resides at the time of registration. To fulfill the 28 registration requirement, the sex offender shall 29 (1) complete a registration form that includes, at a minimum, the sex 30 offender's name, address, place of employment, date of birth, each conviction for a sex 31 offense for which the duty to register has not terminated under AS 12.63.020, date of
01 sex offense convictions, place and court of sex offense convictions, all aliases used, 02 and driver's license number; 03 (2) allow the Alaska state troopers or municipal police to take a 04 complete set of the sex offender's fingerprints and to take the sex offender's 05 photograph. 06 (c) If a sex offender changes residence within the state after having registered 07 under (a) of this section, the sex offender shall provide written notice of the change 08 to the Alaska state trooper post or municipal police department located nearest to the 09 new residence within 10 days of the change. 10 (d) A sex offender required to register under (a) of this section shall annually, 11 during the term of a duty to register under AS 12.63.020, on a date set by the 12 department at the time of the sex offender's initial registration, provide written notice 13 to the department of any changes to the information initially provided under (b)(1) of 14 this section, or if there are no changes, a statement to that effect. 15 Sec. 12.63.020. DURATION OF SEX OFFENDER DUTY TO REGISTER. 16 (a) The duty of a sex offender to comply with the requirements of AS 12.63.010 for 17 each sex offense 18 (1) continues for the lifetime of a sex offender convicted of an 19 unclassified or class A felony sex offense; 20 (2) ends 20 years following the sex offender's unconditional discharge 21 from a conviction for a class B or class C felony sex offense; 22 (3) ends 10 years following the sex offender's unconditional discharge 23 from a conviction for a class A misdemeanor sex offense. 24 (b) The department shall adopt, by regulation, procedures to notify a sex 25 offender who, on the registration form under AS 12.63.010, lists a conviction for a sex 26 offense that is a violation of a former law of this state or a law of another jurisdiction, 27 of the duration of the offender's duty under (a) of this section for that sex offense. 28 Sec. 12.63.100. DEFINITIONS. In this chapter, 29 (1) "department" means the Department of Public Safety; 30 (2) "sex offender" means a person convicted of a sex offense in this 31 state or another jurisdiction regardless of whether the conviction occurred before, after,
01 or on the effective date of this section; 02 (3) "sex offense" means a crime, or an attempt to commit a crime, 03 under AS 11.41.410 - 11.41.455, AS 11.61.125, AS 11.66.110, former AS 11.15.120 04 or 11.15.134, or former AS 11.40.110, 11.40.130, or 11.41.200, or a similar law in 05 another jurisdiction; 06 (4) "unconditional discharge" has the meaning given in AS 12.55.185. 07 * Sec. 6. AS 12.63.010 is amended by adding a new subsection to read: 08 (e) A sex offender whose requirement to register under (a) of this section 09 arises on or after January 1, 1997, shall provide a specimen of blood adequate for 10 genetic typing analysis, including analysis of deoxyribonucleic acid (DNA). 11 * Sec. 7. AS 18.65 is amended by adding a new section to read: 12 Sec. 18.65.087. CENTRAL REGISTRY OF SEX OFFENDERS. (a) The 13 Department of Public Safety shall maintain a central registry of sex offenders required 14 to register under AS 12.63.010 and shall adopt regulations necessary to carry out the 15 purposes of this section and AS 12.63. A post of the Alaska state troopers or a 16 municipal police department that receives information under AS 12.63.010 shall 17 forward the information within five working days of receipt to the central registry of 18 sex offenders. 19 (b) Information about a sex offender that is contained in the central registry, 20 including sets of fingerprints, is confidential and not subject to public disclosure except 21 as to the sex offender's name, address, photograph, place of employment, date of birth, 22 crime for which convicted, date of conviction, place and court of conviction, and 23 length of sentence. 24 (c) The Department of Public Safety 25 (1) shall adopt regulations to 26 (A) allow a sex offender to review sex offender registration 27 information that refers to that sex offender, and if the sex offender believes the 28 information is inaccurate or incomplete, to request the department to correct the 29 information; 30 (B) ensure the appropriate circulation to law enforcement 31 agencies of information contained in the central registry;
01 (C) implement the collection and analysis program authorized 02 in AS 12.63.010(e); 03 (2) shall provide to municipal police departments the forms and 04 directions necessary to allow sex offenders to comply with AS 12.63.010; 05 (3) may adopt regulations to establish fees to be charged for registration 06 under AS 12.63.010 and for information requests. 07 * Sec. 8. AS 28.05 is amended by adding a new section to read: 08 Sec. 28.05.048. SEX OFFENDER REGISTRATION. The department shall 09 display notice of the registration requirements of AS 12.63.010 at a place where the 10 public may apply for a driver's license, identification card, or vehicle registration. 11 * Sec. 9. AS 33.30 is amended by adding a new section to read: 12 Sec. 33.30.012. NOTICE OF RELEASE, PAROLE, COMMUNITY 13 PLACEMENT, WORK RELEASE PLACEMENT, FURLOUGH, OR ESCAPE OF 14 SEX OFFENDER. (a) At the earliest possible date, and in no event later than 10 15 days before release, the commissioner shall send written notice of release, parole, 16 community placement, work release placement, or furlough of a specific inmate 17 convicted of a sex offense to: 18 (1) the chief of police of the community, if any, in which the inmate 19 will reside; and 20 (2) the Alaska state trooper post located nearest to where the inmate 21 will reside. 22 (b) If an inmate convicted of a sex offense escapes from a correctional facility, 23 the commissioner shall immediately notify the chief of police of the community and 24 Alaska state trooper post located closest to where the inmate resided immediately 25 before the inmate's arrest and conviction. 26 * Sec. 10. AS 33.30 is amended by adding a new section to read: 27 Sec. 33.30.035. NOTICE TO SEX OFFENDERS OF REGISTRATION 28 REQUIREMENT. The department shall provide written notice to a sex offender of 29 the registration requirements of AS 12.63.010, and shall obtain a signed 30 acknowledgement of receipt of notice from the sex offender 31 (1) at the time of the sex offender's release from a state correctional
01 facility; 02 (2) immediately after taking supervision of a sex offender under the 03 Interstate Corrections Compact or AS 33.36.110. 04 * Sec. 11. AS 33.30.901 is amended by adding a new paragraph to read: 05 (14) "sex offender" has the meaning given in AS 12.63.100. 06 * Sec. 12. Alaska Rule of Criminal Procedure 11(c) is amended to read: 07 (c) PLEAS OF GUILTY OR NOLO CONTENDERE. The court shall not 08 accept a plea of guilty or nolo contendere from a defendant without first addressing 09 the defendant personally and 10 (1) determining that the defendant [HE] understands the nature of the 11 charge; and 12 (2) informing the defendant [HIM] that by the [HIS] plea of guilty or 13 nolo contendere the defendant [HE] waives the [HIS] right to trial by jury or trial by 14 a judge and the right to be confronted with the witnesses against the defendant 15 [HIM]; [AND] 16 (3) informing the defendant [HIM]: 17 (i) of the mandatory minimum punishment, if any, and 18 the maximum possible punishment provided by the statute defining the 19 offense to which the plea is offered, and 20 (ii) that the defendant has the right to plead not guilty 21 or to persist in that plea if it has already been made, or to plead guilty; 22 and 23 (4) if the defendant is charged with a sex offense as defined in 24 AS 12.63.100, informing the defendant in writing of the requirements of 25 AS 12.63.010. 26 * Sec. 13. The provisions of AS 12.55.148, added by sec. 4 of this Act, have the effect of 27 changing Alaska Rule of Criminal Procedure 32(b) by adding a requirement that a judgment 28 containing notification of the requirements of AS 12.63.010 be provided to a defendant 29 convicted of a sex offense. 30 * Sec. 14. APPLICABILITY. A sex offender whose most recent conviction for a sex 31 offense occurred before the effective date of this Act and whose duty to register has not
01 terminated under AS 12.63.020, added by sec. 5 of this Act, before January 1, 1994, shall 02 register under AS 12.63.010, added by sec. 5 of this Act, on the date the duty to register arises 03 under AS 12.63.010 or by January 1, 1994, whichever occurs later. In this section, "sex 04 offender" and "sex offense" have the meanings given by AS 12.63.100, added by sec. 5 of this 05 Act. 06 * Sec. 15. AS 12.55.148, added by sec. 4 of this Act, takes effect only if sec. 13 of this 07 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 08 Constitution of the State of Alaska. 09 * Sec. 16. Sections 3 and 6 of this Act take effect January 1, 1997.