HB 416: "An Act relating to access to and the distribution of presentence investigation reports, and annulling provisions of current regulations of the Department of Corrections that relate to the distribution of those reports; and amending Alaska Rule of Criminal Procedure 32.1 as it relates to the preparation and distribution of felony presentence investigation reports."
00HOUSE BILL NO. 416 01 "An Act relating to access to and the distribution of presentence investigation 02 reports, and annulling provisions of current regulations of the Department of 03 Corrections that relate to the distribution of those reports; and amending Alaska 04 Rule of Criminal Procedure 32.1 as it relates to the preparation and distribution 05 of felony presentence investigation reports." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 33.16.130(b) is amended to read: 08 (b) Before the board determines a prisoner's suitability for discretionary parole, 09 the prisonem as ;``C`C```````C``````C```C`````CCCC``C````````C`````C``C````````` `C````C``C```C`````````C````` 10 and may not be disclosed to anyone other than the board, the sentencing judge, the 11 prosecuting and defense attorneys, the prisoner, the prisoner's attorney, the attorney 12 for the board, the staff of the board, or others granted access to this information under 13 this chapter. 14 * Sec. 3. Alaska Rule of Criminal Procedure 32.1(b)(1) is amended to read:
01 (1) The Department of Corrections shall prepare and deliver the report 02 of the presentence investigation not less than 30 days before the presentencing hearing. 03 The report shall contain any prior criminal conviction, [AND] any finding of 04 delinquency of the defendant, any finding that the defendant was a child in need 05 of aid, [AND] such information about the defendant's characteristics, financial 06 condition, and the circumstances affecting the defendant's behavior as may be helpful 07 in imposing sentence or in granting probation or in the correctional treatment of the 08 defendant, and such other information as may be required by the judge. The 09 presentence report shall comply with the Victims' Rights Act, AS 12.61.100 - 10 12.61.150. The report shall be submitted to the judge, the state's attorney, and the 11 attorney for the defendant; the defense attorney shall not be prohibited from making 12 [PROVIDING] a full copy of the report available to the defendant only for the 13 defendant's information before sentencing, unless the judge enters on the record 14 findings why providing specific portions of the report to the defendant would prove 15 detrimental to the rehabilitation of the defendant or the safety of the public. However, 16 the defendant may not retain a copy of the report in the defendant's possession. 17 Unless otherwise ordered, or except as specifically allowed by other provisions of law, 18 further disclosure of the report shall be limited to agents of the state's attorney or the 19 defendant's attorney, any reviewing courts, and the agencies having charge of the 20 defendant's rehabilitation. 21 * Sec. 4. Alaska Rule of Criminal Procedure 32.1(b)(2) is amended to read: 22 (2) In the event the parties request preparation of a presentence report 23 to aid them in reaching a plea agreement, the judge may order such a report made 24 prior to the time stated in this rule. If a report is prepared prior to entry of a verdict 25 or plea of guilty or no contest, the report shall be submitted only to the parties and not 26 to the judge. A report submitted to the defendant under this paragraph is 27 available to the defendant only for information purposes for reaching a plea 28 agreement, and the defendant may not retain a copy of the report in the 29 defendant's possession. 30 * Sec. 5. REGULATIONS ANNULLED. Each of the following is annulled: 31 (1) 22 AAC 20.125(b), authorizing the Department of Corrections to provide
01 copies of a "parole progress report" to a parole applicant, if the "parole progress report" has 02 the same meaning as "preparole report" under AS 33.16.110, the statute cited in the regulation 03 as its authority; and 04 (2) 22 AAC 20.470, directing the Department of Corrections to provide a 05 parolee "a copy of . . . . other adverse material" before a parole revocation hearing, which 06 cites AS 33.16.170, amended by sec. 2 of this Act, as its authority. 07 * Sec. 6. Sections 3 and 4 of this Act take effect only if they receive the two-thirds 08 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.