CSHB 105(HES): "An Act providing for incarceration for nonviolent, youthful first offenders in boot camps operated by the Department of Corrections; allowing the Department of Corrections to contract with a person for an alternative boot camp program; creating the Boot Camp Advisory Board in the Department of Corrections; amending Alaska Rule of Criminal Procedure 35; and providing for an effective date."
00CS FOR HOUSE BILL NO. 105(HES) 01 "An Act providing for incarceration for nonviolent, youthful first offenders in boot 02 camps operated by the Department of Corrections; allowing the Department of 03 Corrections to contract with a person for an alternative boot camp program; 04 creating the Boot Camp Advisory Board in the Department of Corrections; 05 amending Alaska Rule of Criminal Procedure 35; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.55.015 is amended by adding a new subsection to read: 09 (g) If the defendant is ordered to serve a definite term of continuous 10 imprisonment of at least 150 days under (a) of this section, and if (1) the defendant 11 is less than 26 years of age; (2) the offense the defendant is convicted of (A) is the 12 defendant's (i) first felony conviction; or (ii) first misdemeanor conviction; and (B) is 13 not a violation of AS 11.41, AS 11.46.300, 11.46.400, AS 11.56.300, 11.56.810, 14 AS 11.61.100, 11.61.190, 11.61.195, or 11.61.240; and (3) the defendant has not
01 previously participated in a boot camp program under AS 33.30.182, the court may 02 recommend that the defendant be incarcerated in a boot camp program established 03 under AS 33.30. 04 * Sec. 2. AS 33.30 is amended by adding new sections to read: 05 ARTICLE 2A. BOOT CAMP PROGRAM. 06 Sec. 33.30.182. BOOT CAMP PROGRAM. (a) The commissioner shall 07 establish a boot camp program as a correctional facility of the state. The boot camp 08 program is an alternative correctional facility and program for young prisoners who 09 have been sentenced for a first felony or first misdemeanor conviction of a nonviolent 10 nature and who have not previously participated in the boot camp program. Prisoners 11 committed by the department to participate in the boot camp program shall be housed 12 separately from other prisoners committed to the custody of the commissioner who are 13 not participating in the program. 14 (b) The commissioner shall include in the boot camp program 15 (1) a militarily styled intensive physical training and discipline 16 program; 17 (2) alcohol and drug counseling, education, and treatment as an integral 18 part of the program; 19 (3) educational and vocational assessment and a training program 20 emphasizing job seeking skills; 21 (4) training in personal accountability and the work ethic; and 22 (5) other educational, counseling, and treatment programs as determined 23 by the department or as ordered by a court under AS 12.55.015. 24 (c) The commissioner shall structure the boot camp program in a manner that 25 a prisoner entering the program may complete it in a period of time determined by the 26 commissioner but not greater than 150 days. 27 (d) The commissioner shall notify the sentencing court when the commissioner 28 accepts a prisoner for the boot camp program. If the prisoner successfully completes 29 the program, as determined by the commissioner, the prisoner shall be automatically 30 referred to the sentencing court so that the prisoner may make a motion for sentence 31 reduction and placement on supervised probation. A prisoner shall be removed from
01 the boot camp program and reassigned to another correctional facility if the prisoner 02 fails to successfully complete the program or otherwise fails to abide by the regulations 03 of the program. 04 (e) The commissioner shall adopt regulations to implement AS 33.30.182 - 05 33.30.184 and otherwise administer the boot camp program. 06 (f) Notwithstanding AS 33.30.031, the department may contract with a person 07 for an alternative boot camp program under this section. An alternative boot camp 08 program must meet all of the requirements for a boot camp under this section and 09 under the regulations adopted by the commissioner. Prisoners shall be assigned to an 10 alternative boot camp program in the manner provided under AS 33.30.183. 11 (g) The commissioner shall maintain records of the program and shall annually 12 report to the legislature not later than February 1 on the program and its effectiveness. 13 The report should include, to the extent the technological capability of the department 14 allows, 15 (1) a comparison of recidivism rates between prisoners who have 16 completed the boot camp program and 17 (A) other first offenders not eligible for the program who are 18 committed to the custody of the commissioner; and 19 (B) all other prisoners committed to the custody of the 20 commissioner; 21 (2) a comparison of costs between the boot camp program and 22 traditional incarceration programs; 23 (3) a description of the number of prisoners who have participated in, 24 completed, or failed the boot camp program. 25 Sec. 33.30.183. ELIGIBILITY FOR ASSIGNMENT TO BOOT CAMP 26 PROGRAM. (a) The commissioner may not allow a prisoner to serve time in the 27 boot camp program unless the commissioner specifically finds that the prisoner meets 28 the eligibility requirements of this section. 29 (b) To be eligible to serve time in the boot camp program, the 30 (1) prisoner 31 (A) must be under 26 years of age;
01 (B) must have been sentenced to a term of imprisonment of at 02 least 150 days; 03 (C) may not have previously participated in a boot camp 04 program under AS 33.30.182; 05 (2) offense for which the prisoner is committed 06 (A) must be a first felony conviction or a first misdemeanor 07 conviction; and 08 (B) may not be for a violation of AS 11.41, AS 11.46.300, 09 11.46.400, AS 11.56.300, 11.56.810, AS 11.61.100, 11.61.190, 11.61.195, or 10 11.61.240. 11 Sec. 33.30.184. ADVISORY BOARD. (a) The Boot Camp Program Advisory 12 Board is established in the department. The board shall review and provide advice to 13 the commissioner concerning the boot camp program. The members of the board are 14 appointed by the governor as follows: 15 (1) the commissioner or the commissioner's designee; 16 (2) the director of the division of institutions of the department; 17 (3) the director of the division of community corrections of the 18 department; 19 (4) a member of the house of representatives; 20 (5) a member of the senate; 21 (6) a superior court judge; and 22 (7) two public members. 23 (b) The public members of the board are entitled to per diem and travel 24 expenses authorized by law for boards and commissions under AS 39.20.180. 25 * Sec. 3. Alaska Rule of Criminal Procedure 35 is amended by adding a new subsection 26 to read: 27 (e) Notwithstanding (a) or (b) of this section, the court shall reduce a sentence, 28 by suspending the execution of any remaining term of imprisonment, even below any 29 minimum term set by law, and imposing a period of probation under conditions set by 30 the court that include a requirement for active supervision, within 180 days of the day 31 the sentence was imposed, or within 180 days of the day on which jurisdiction over
01 the case is returned to the trial court under Appellate Rule 507(b), unless the defendant 02 petitions the United States Supreme Court for certiorari, in which case the 180 days 03 commences on the day that the Alaska Supreme Court denies relief if a defendant who 04 is automatically referred to the court upon successful completion of a boot camp 05 program under AS 33.30 moves for a reduction of sentence. 06 * Sec. 4. This Act takes effect July 1, 1993.