CSSB 321(FIN): "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program."
00CS FOR SENATE BILL NO. 321(FIN) 01 "An Act relating to the taking of a legible set of fingerprints when a person is 02 arrested, upon initial appearance or arraignment, upon the conviction of the 03 person, and when the person is received at a correctional facility, and providing 04 that the set of fingerprints shall be provided to the Department of Public Safety; 05 relating to criminal and crime records and information; requiring the reporting 06 of information concerning homicides and suspected homicides to the Department 07 of Public Safety for analysis; requiring the Department of Public Safety to 08 participate in the Federal Bureau of Investigation, Violent Criminals Apprehension 09 Program." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 12.80 is amended by adding a new section to read: 12 Sec. 12.80.060. FINGERPRINTING. (a) When a person is arrested for an 13 offense, with or without a warrant, fingerprints of the person may be taken by the law 14 enforcement agency with custody of the person. If the law enforcement agency with
01 custody of the person does not take the fingerprints, the person's fingerprints shall be 02 taken by the correctional facility where the person is lodged following the arrest. 03 (b) At the initial court appearance or arraignment of a person for an offense, 04 the court shall determine if the person's fingerprints have been taken in connection 05 with the offense. If the court is unable to conclusively determine that the person's 06 fingerprints have been taken, the court shall order the person to submit to 07 fingerprinting within 24 hours at the appropriate correctional facility or another place 08 for taking fingerprints that is more appropriate. 09 (c) When a defendant is sentenced or otherwise adjudicated for an offense, the 10 court shall determine if legible fingerprints have been taken in connection with the 11 proceedings. If the court is unable to conclusively determine that legible fingerprints 12 have been taken, the court shall order that the defendant, as a condition of sentence, 13 adjudication, suspended imposition of sentence, probation, or release, submit to 14 fingerprinting within 24 hours at the appropriate correctional facility or another place 15 for taking fingerprints that is more appropriate. 16 (d) The Department of Public Safety shall develop standard forms and 17 procedures for the taking of fingerprints under this section. Fingerprints shall be 18 (1) taken on a form, and in the manner, prescribed by the Department 19 of Public Safety; and 20 (2) forwarded within five working days to the Department of Public 21 Safety. 22 (e) When the Department of Public Safety receives fingerprints of a person in 23 connection with an offense, the Department of Public Safety shall make a reasonable 24 effort to confirm the identity of the person fingerprinted. If the Department of Public 25 Safety finds that the person fingerprinted has criminal history record information under 26 a name other than the name submitted with the fingerprints, the Department of Public 27 Safety shall promptly notify the officer, agency, or facility that took the fingerprints. 28 (f) If the arresting officer, the law enforcement agency that employs the 29 officer, or the correctional facility where fingerprints were taken is notified by the 30 Department of Public Safety that fingerprints taken under this section are not legible, 31 the officer, agency, or facility shall make a reasonable effort to obtain a legible set of
01 fingerprints. If legible fingerprints cannot be obtained within a reasonable period of 02 time, and if the illegible fingerprints were taken under a court order, the officer or 03 agency shall inform the court, which shall order the defendant to submit to 04 fingerprinting again. 05 (g) In this section, 06 (1) "correctional facility" has the meaning given in AS 33.30.901; 07 (2) "offense" means conduct subjecting a person to arrest as an adult 08 offender, or as a juvenile charged as an adult, 09 (A) due to a violation of a federal or state criminal law, or 10 municipal criminal ordinance; 11 (B) under AS 12.25.180; 12 (C) under AS 12.30.060; or 13 (D) under AS 12.70. 14 * Sec. 2. AS 33.30.011 is amended to read: 15 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 16 (1) establish, maintain, operate, and control correctional facilities 17 suitable for the custody, care, and discipline of persons charged or convicted of 18 offenses against the state or held under authority of state law; 19 (2) classify prisoners; 20 (3) for persons committed to the custody of the commissioner, establish 21 programs, including furlough programs that are reasonably calculated to 22 (A) protect the public; 23 (B) maintain health; 24 (C) create or improve occupational skills; 25 (D) enhance educational qualifications; 26 (E) support court-ordered restitution; and 27 (F) otherwise provide for the rehabilitation and reformation of 28 prisoners, facilitating their reintegration into society; 29 (4) provide necessary medical services for prisoners in correctional 30 facilities or who are committed by a court to the custody of the commissioner, 31 including examinations for communicable and infectious diseases;
01 (5) provide necessary psychological or psychiatric treatment if a 02 physician or other health care provider, exercising ordinary skill and care at the time 03 of observation, concludes that 04 (A) a prisoner exhibits symptoms of a serious disease or injury 05 that is curable or may be substantially alleviated; and 06 (B) the potential for harm to the prisoner by reason of delay or 07 denial of care is substantial; [AND] 08 (6) establish minimum standards for sex offender treatment programs 09 offered to persons who are committed to the custody of the commissioner; and 10 (7) provide for fingerprinting in correctional facilities in accordance 11 with AS 12.80.060. 12 * Sec. 3. AS 44.41 is amended by adding a new section to read: 13 Sec. 44.41.050. UNIFORM HOMICIDE REPORTING. (a) A law 14 enforcement agency shall report each homicide or suspected homicide committed 15 within the jurisdiction of the agency to the Department of Public Safety within 25 days 16 of the homicide's discovery. The report shall be on a form approved by the 17 commissioner of public safety and must contain information as determined by the 18 commissioner to be necessary to aid law enforcement personnel in comparing 19 homicides and suspected homicides and discovering those that exhibit similar 20 characteristics. If the Department of Public Safety determines that a homicide or 21 suspected homicide meets the Violent Criminals Apprehension Program criteria, the 22 department shall notify the law enforcement agency that submitted the report, and the 23 agency shall complete and forward to the department within 30 days a Federal Bureau 24 of Investigation Violent Criminals Apprehension Program form. 25 (b) The Department of Public Safety shall enter the information submitted 26 under (a) of this section into a file and shall compare the information to information 27 on other homicides or suspected homicides for the purpose of discovering similarities 28 in criminal methods and suspect descriptions. If the Department of Public Safety finds 29 homicides exhibiting similar criminal methods or suspect descriptions, the department 30 shall notify the concerned law enforcement agencies of the discoveries. 31 (c) If a law enforcement agency terminates active investigation of a homicide
01 or suspected homicide due to the arrest of a suspect, death of the primary suspect, or 02 other reason, the agency shall notify the Department of Public Safety of the 03 termination and the reason for the termination within 30 days following the 04 termination. 05 (d) The Department of Public Safety shall participate in the Federal Bureau of 06 Investigation, Violent Criminals Apprehension Program. The Department of Public 07 Safety shall transmit each Violent Criminals Apprehension Program report received 08 under (a) of this section concerning homicides or suspected homicides, discoveries 09 under (b) of this section of homicides exhibiting similar criminal methods or suspect 10 descriptions, and notices of and reasons for termination of investigations of homicides 11 received under (c) of this section to the Federal Bureau of Investigation, Violent 12 Criminals Apprehension Program manager, at least on a quarterly basis. 13 * Sec. 4. Notwithstanding AS 44.41.050, added by sec. 3 of this Act, each law enforcement 14 agency in the state shall report each homicide or suspected homicide discovered in the one-year period before the 15 effective date of this Act, and the termination of investigation of any 16 of those homicides or suspected homicides, to the Department of Public Safety in the manner 17 provided in AS 44.41.050 within 60 days of the date the Department of Public Safety 18 prescribes forms for the reporting. 19 * Sec. 5. APPLICABILITY. The fingerprinting requirements of AS 12.80.060, enacted by 20 sec. 1 of this Act, and regulations adopted under that statute, are not applicable before July 1, 21 1996, to criminal activity that does not constitute a felony offense.