HB 484: "An Act providing for a mandatory 99-year term of imprisonment without possibility of good-time, parole, unsupervised furlough, or service at a correctional restitution center when the defendant is convicted of certain first degree murders."
00HOUSE BILL NO. 484 01 "An Act providing for a mandatory 99-year term of imprisonment without 02 possibility of good-time, parole, unsupervised furlough, or service at a correctional 03 restitution center when the defendant is convicted of certain first degree murders." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.025(i) is amended to read: 06 (i) Except as provided by AS 12.55.125(k) [AS 12.55.125(a)(3), 12.55.125(k)], 07 12.55.145(d), 12.55.155(f), and 12.55.165, the preponderance of the evidence standard 08 of proof applies to sentencing proceedings. 09 * Sec. 2. AS 12.55.125(a) is amended to read: 10 (a) A defendant convicted of murder in the first degree shall be sentenced to 11 a definite term of imprisonment of at least 20 years but not more than 99 years. A 12 defendant convicted of murder in the first degree shall be sentenced to a mandatory 13 term of imprisonment of 99 years without the possibility of parole when 14 (1) the defendant is convicted of the murder of an active or former
01 law enforcement officer, prosecuting attorney, judicial officer, [A UNIFORMED 02 OR OTHERWISE CLEARLY IDENTIFIED] peace officer, fire fighter, or correctional 03 officer who was engaged in the performance of official duties at the time of the 04 murder or because of the exercise of official duties; 05 (2) the defendant has been previously convicted of 06 (A) murder in the first degree under AS 11.41.100 or former 07 AS 11.15.010 or 11.15.020; 08 (B) murder in the second degree under AS 11.41.110 or former 09 AS 11.15.030; [OR] 10 (C) homicide under the laws of another jurisdiction when the 11 offense of which the defendant was convicted contains elements similar to first 12 degree murder under AS 11.41.100 or second degree murder under 13 AS 11.41.110; or 14 (D) a felony offense of this state that involved the use of 15 violence against a person or a violation of a law of another jurisdiction 16 that contains elements similar to a felony offense of this state that involves 17 the use of violence against a person; [OR] 18 (3) the defendant is convicted of the murder of the President of the 19 United States or the governor of this state; 20 (4) [(3)] the court finds 21 (A) that the defendant's conduct 22 (i) manifested deliberate cruelty to the murder victim 23 in that it involved substantial physical torture or an aggravated battery; 24 (ii) caused the death of two or more persons, other 25 than accomplices; or 26 (iii) created a risk of imminent physical injury to 27 three or more persons, other than accomplices; or 28 (B) the defendant 29 (i) committed the murder under an agreement that 30 the defendant either pay or be paid for the commission of the murder, or 31 for other pecuniary gain;
01 (ii) was on release under AS 12.30.020 - 12.30.040 for 02 another felony charge or conviction having assault as a necessary element; 03 or 04 (iii) was a member of an organized group of five or 05 more persons, and the murder was committed to further the criminal 06 objectives of the group [BY CLEAR AND CONVINCING EVIDENCE 07 THAT THE DEFENDANT SUBJECTED THE MURDER VICTIM TO 08 SUBSTANTIAL PHYSICAL TORTURE]. 09 * Sec. 3. AS 12.55.125(j) is amended to read: 10 (j) A defendant sentenced to a mandatory term of imprisonment of 99 years 11 under (a) of this section before the effective date of this Act may apply for a 12 modification or reduction of sentence under the Alaska Rules of Criminal Procedure 13 after serving one-half of the mandatory term without consideration of good time earned 14 under AS 33.20.010. 15 * Sec. 4. AS 33.16.090(b) is amended to read: 16 (b) Except as provided in (e) of this section, a prisoner is not eligible for 17 discretionary parole during the term of a presumptive sentence; however, a prisoner 18 is eligible for discretionary parole during a term of sentence enhancement imposed 19 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 20 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 21 a mandatory 99-year term under AS 12.55.125(a) before, on, or after the effective 22 date of this Act is not eligible for discretionary parole during the entire term. 23 * Sec. 5. AS 33.20.010(a) is amended to read: 24 (a) Except as provided in (b) of this section and notwithstanding 25 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 26 state or a political subdivision of the state and sentenced to a term of imprisonment 27 that exceeds three days is entitled to a deduction of one-third of the term of 28 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 29 correctional facility in which the prisoner is confined. A prisoner sentenced to a 30 mandatory 99-year term of imprisonment without parole under AS 12.55.125(a)(1) 31 - (4) on or after the effective date of this Act is not eligible for a good time
01 deduction. 02 * Sec. 6. AS 33.30.101 is amended by adding a new subsection to read: 03 (c) The regulations adopted under (a) of this section may not provide for the 04 granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term 05 of imprisonment without parole under AS 12.55.125(a)(1) - (4) on or after the effective 06 date of this Act unless the prisoner is at all times in the direct custody of a 07 correctional officer while the prisoner is away from the correctional facility. 08 * Sec. 7. AS 33.30.161(b) is amended to read: 09 (b) To be eligible to serve time in a correctional restitution center, the prisoner 10 (1) must be employable or eligible to work on community service 11 projects approved by the commissioner and agree to secure employment or participate 12 in community service projects and obey the rules of the center; 13 (2) may not be serving a sentence for conviction of an offense 14 (A) involving violence or the use of force; 15 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 16 (3) may not have been convicted of a felony offense, in the state or 17 another jurisdiction, involving violence or the use of force; [AND] 18 (4) may not have been convicted of an offense under AS 11.41.410 - 19 11.41.470 or an offense in the state or another jurisdiction having elements 20 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 21 (5) may not have been sentenced to a mandatory 99-year term of 22 imprisonment without parole under AS 12.55.125(a)(1) - (4) on or after the 23 effective date of this Act.