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SB 283: "An Act relating to probation and revocation of probation."

00SENATE BILL NO. 283 01 "An Act relating to probation and revocation of probation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.025 is amended by adding a new subsection to read: 04  (j) Notwithstanding another provision of law, the sentence of a person whose 05 probation is revoked under AS 12.55.112 shall be consecutive to the sentence the 06 person receives for the conviction or convictions that form the basis for the revocation 07 of probation. 08 * Sec. 2. AS 12.55 is amended by adding a new section to read: 09  Sec. 12.55.112. MANDATORY REVOCATION OF PROBATION. (a) 10 Notwithstanding another provision of law, if the court has placed a person convicted 11 of a felony on probation, the court shall revoke and terminate that probation and 12 sentence the person to a term of imprisonment if no term has as yet been imposed or 13 require the person to serve the sentence imposed if execution of the sentence was 14 suspended, if the person during the probationary term is convicted of

01  (1) a felony under the laws of this state, or a violation of a law or 02 ordinance of another jurisdiction with elements similar to those of a felony under the 03 laws of this state; 04  (2) two class A misdemeanors under the laws of this state or two 05 violations of laws or ordinances of another jurisdiction with elements similar to those 06 of a class A misdemeanor under the laws of this state; 07  (3) three or more misdemeanors under the laws of this state or three 08 or more violations of laws or ordinances of another jurisdiction with elements similar 09 to those of a misdemeanor under the laws of this state. 10  (b) If a person whose probation is revoked under this section was required to 11 serve a period of imprisonment as a condition of that probation, the court shall credit 12 the defendant with the time served as determined under AS 12.55.086(c). 13  (c) Nothing in (a) of this section limits a court's discretion to revoke and 14 terminate the probation of a person in circumstances other than those enumerated in 15 (a) of this section. 16  (d) The sentence of a person whose probation is revoked under (a) of this 17 section shall be consecutive to the sentences for the conviction or convictions that form 18 the basis for the revocation as provided in AS 12.55.025(j). 19  (e) For the purpose of (a)(2) and (3) of this section, misdemeanors that arise 20 out of a single continuous criminal episode are considered one misdemeanor as 21 provided in AS 12.55.145(a)(3).