HB 38: "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35."
00HOUSE BILL NO. 38 01 "An Act relating to criminal sentencing; relating to the availability for good time 02 credit for offenders convicted of certain first degree murders; relating to 03 mandatory life imprisonment, parole, good time credit, pardon, commutation of 04 sentence, modification or reduction of sentence, reprieve, furlough, and service of 05 sentence at a correctional restitution center for offenders with at least three 06 serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 09 (1) community protection from persistent offenders is a priority for any 10 civilized society; 11 (2) a large percentage of criminal offenders convicted in this state have prior 12 criminal histories; 13 (3) punishments for criminal offenses should be proportionate to both the 14 seriousness of the crime and the prior criminal history of the offender;
01 (4) the legislature has a right and the responsibility to determine when to 02 impose a life sentence. 03 (b) By sentencing three-time, most serious offenders to prison for life without the 04 possibility of parole, the legislature intends to 05 (1) improve public safety by placing the most dangerous criminals in prison; 06 (2) reduce the number of serious, repeat offenders by tougher sentencing; 07 (3) set proper and simplified sentencing practices that both victims and 08 persistent offenders can understand; and 09 (4) restore public trust in our criminal justice system. 10 * Sec. 2. AS 12.55.025(e) is amended to read: 11 (e) Except as provided in (g) and (h) of this section, if the defendant has been 12 convicted of two or more crimes, sentences of imprisonment shall run consecutively. 13 If the defendant is imprisoned upon a previous judgment of conviction for a crime, the 14 judgment shall provide that the imprisonment commences at the expiration of the term 15 imposed by the previous judgment. Nothing in AS 12.55.125(a) or (l) limits the court's 16 ability to impose consecutive sentences. 17 * Sec. 3. AS 12.55.125(c) is amended to read: 18 (c) A defendant convicted of a class A felony may be sentenced to a definite 19 term of imprisonment of not more than 20 years, and shall be sentenced to the 20 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 21 12.55.175: 22 (1) if the offense is a first felony conviction and does not involve 23 circumstances described in (2) of this subsection, five years; 24 (2) if the offense is a first felony conviction, other than for 25 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 26 caused serious physical injury during the commission of the offense, or knowingly 27 directed the conduct constituting the offense at a uniformed or otherwise clearly 28 identified peace officer, fire fighter, correctional officer, emergency medical technician, 29 paramedic, ambulance attendant, or other emergency responder who was engaged in 30 the performance of official duties at the time of the offense, seven years; 31 (3) if the offense is a second felony conviction, 10 years ;
01 (4) if the offense is a third felony conviction and the defendant is not 02 subject to sentencing under (l) of this section, 15 years. 03 * Sec. 4. AS 12.55.125(i) is amended to read: 04 (i) A defendant convicted of sexual assault in the first degree or sexual abuse 05 of a minor in the first degree may be sentenced to a definite term of imprisonment of 06 not more than 30 years, and shall be sentenced to the following presumptive terms, 07 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 08 (1) if the offense is a first felony conviction and does not involve 09 circumstances described in (2) of this subsection, eight years; 10 (2) if the offense is a first felony conviction, and the defendant 11 possessed a firearm, used a dangerous instrument, or caused serious physical injury 12 during the commission of the offense, 10 years; 13 (3) if the offense is a second felony conviction, 15 years; 14 (4) if the offense is a third felony conviction and the defendant is not 15 subject to sentencing under (l) of this section, 25 years. 16 * Sec. 5. AS 12.55.125(j) is amended to read: 17 (j) A defendant sentenced to a mandatory term of imprisonment of 99 years 18 under (a) or (l) of this section may apply for a modification or reduction of sentence 19 under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory 20 term without consideration of good time earned under AS 33.20.010. 21 * Sec. 6. AS 12.55.125 is amended by adding a new subsection to read: 22 (l) Notwithstanding any other provision of law, a defendant convicted of an 23 unclassified or class A felony offense shall be sentenced to a mandatory term of 24 imprisonment of 99 years when the defendant has been previously convicted of two 25 or more most serious felonies and the prosecuting attorney has filed a notice of intent 26 to seek a 99-year mandatory sentence. If a defendant is sentenced to a mandatory 99- 27 year sentence under this section, 28 (1) imprisonment for the prescribed mandatory term may not be 29 suspended under AS 12.55.080; 30 (2) imposition of sentence may not be suspended under AS 12.55.085; 31 (3) imprisonment for the prescribed mandatory term may not otherwise
01 be reduced. 02 * Sec. 7. AS 12.55.145(a) is amended to read: 03 (a) For purposes of considering prior convictions in imposing sentence under 04 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), or (i), 05 (A) [(1)] a prior conviction may not be considered if a period 06 of 10 or more years has elapsed between the date of the defendant's 07 unconditional discharge on the immediately preceding offense and commission 08 of the present offense unless the prior conviction was for an unclassified or 09 class A felony; 10 (B) [(2)] a conviction in this or another jurisdiction of an 11 offense having elements similar to those of a felony defined as such under 12 Alaska law at the time the offense was committed is considered a prior felony 13 conviction; 14 (C) [(3)] two or more convictions arising out of a single, 15 continuous criminal episode during which there was no substantial change in 16 the nature of the criminal objective are considered a single conviction unless 17 the defendant was sentenced to consecutive sentences for the crimes; offenses 18 committed while attempting to escape or avoid detection or apprehension after 19 the commission of another offense are not part of the same criminal episode 20 or objective; 21 (2) AS 12.55.125(l), 22 (A) a conviction in this or another jurisdiction of an offense 23 having elements similar to those of a most serious felony is considered a 24 prior most serious felony conviction; 25 (B) of the two or more previous most serious felony 26 convictions, at least one of the previous convictions must have occurred 27 before the commission of any of the other most serious felony offenses and 28 at least one of the other most serious felony convictions must have 29 occurred prior to the commission of the present felony offense. 30 * Sec. 8. AS 12.55.145(c) is amended to read: 31 (c) The defendant shall file with the court and serve on the prosecuting
01 attorney notice of denial, consisting of a concise statement of the grounds relied 02 upon and that may be supported by affidavit or other documentary evidence, no 03 later than 10 days before the date set for the imposition of sentence if [IF] the 04 defendant 05 (1) denies 06 (A) the authenticity of a prior judgment of conviction; 07 (B) [,] that the defendant is the person named in the judgment; 08 (C) [,] that the elements of a prior offense committed in this or 09 another jurisdiction are similar [SUBSTANTIALLY IDENTICAL] to those of 10 a 11 (i) felony defined as such under Alaska law; 12 (ii) most serious felony, defined as such under Alaska 13 law; 14 (D) [, OR] that a prior conviction occurred within the period 15 specified in (a)(1)(A) [(a)(1)] of this section; or 16 (E) that a previous conviction occurred in the order 17 required under (a)(2)(B) of this section; or 18 (2) [IF THE DEFENDANT] alleges that two or more purportedly 19 separate prior convictions should be considered a single conviction under (a)(1)(C) 20 [(a)(3)] of this section [, THE DEFENDANT SHALL FILE WITH THE COURT AND 21 SERVE ON THE PROSECUTING ATTORNEY NOTICE OF DENIAL NO LATER 22 THAN 10 DAYS BEFORE THE DATE SET FOR IMPOSITION OF SENTENCE. 23 THE NOTICE OF DENIAL MUST INCLUDE A CONCISE STATEMENT OF THE 24 GROUNDS RELIED UPON AND MAY BE SUPPORTED BY AFFIDAVIT OR 25 OTHER DOCUMENTARY EVIDENCE]. 26 * Sec. 9. AS 12.55.145(d) is amended to read: 27 (d) Matters alleged in a notice of denial shall be heard by the court sitting 28 without a jury. If the defendant introduces substantial evidence that the defendant is 29 not the person named in a prior judgment of conviction, that the judgment is not 30 authentic, that the conviction did not occur within the period specified in (a)(1)(A) 31 [(a)(1)] of this section, [OR] that a conviction should not be considered a prior felony
01 conviction under (a)(1)(B) [(a)(2)] of this section or a prior most serious felony 02 conviction under (a)(2)(A) of this section, or that a previous conviction did not 03 occur in the order required under (a)(2)(B) of this section, then the burden is on 04 the state to prove the contrary beyond a reasonable doubt. The burden of proof that 05 two or more convictions should be considered a single conviction under (a)(1)(C) 06 [(a)(3)] of this section is on the defendant by clear and convincing evidence. 07 * Sec. 10. AS 12.55.145 is amended by adding a new subsection to read: 08 (f) Under this section, a prior conviction has occurred when a defendant has 09 entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict 10 of guilty or guilty but mentally ill has been returned by a jury or by the court. 11 * Sec. 11. AS 12.55.155(c)(20) is amended to read: 12 (20) the defendant was on furlough under AS 33.30 or on parole or 13 probation for another felony charge or conviction that would be considered a prior 14 felony conviction under AS 12.55.145(a)(1)(B) [AS 12.55.145(a)(2)]; 15 * Sec. 12. AS 12.55.185 is amended by adding a new paragraph to read: 16 (14) "most serious felony" means any unclassified or class A felony 17 prescribed under AS 11 or an attempt or conspiracy to commit, or criminal solicitation 18 under AS 11.31.110 of, an unclassified or class A felony prescribed under AS 11. 19 * Sec. 13. AS 33.16.090(b) is amended to read: 20 (b) Except as provided in (e) of this section, a prisoner is not eligible for 21 discretionary parole during the term of a presumptive sentence; however, a prisoner 22 is eligible for discretionary parole during a term of sentence enhancement imposed 23 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 24 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 25 a mandatory 99-year term under AS 12.55.125(a) or (l) is not eligible for discretionary 26 parole during the entire term. 27 * Sec. 14. AS 33.20.010(a) is amended to read: 28 (a) Except as provided in (b) of this section and notwithstanding 29 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 30 state or a political subdivision of the state and sentenced to a term of imprisonment 31 that exceeds three days is entitled to a deduction of one-third of the term of
01 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 02 correctional facility in which the prisoner is confined. A prisoner is not eligible for 03 a good time deduction if the prisoner has been sentenced to a mandatory 99-year 04 term of imprisonment under 05 (1) AS 12.55.125(a) after the effective date of this Act; or 06 (2) AS 12.55.125(l). 07 * Sec. 15. AS 33.30.101 is amended by adding a new subsection to read: 08 (c) The regulations adopted under (a) of this section may not provide for the 09 granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term 10 of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct 11 custody of a correctional officer while the prisoner is away from the correctional 12 facility. 13 * Sec. 16. AS 33.30.161(b) is amended to read: 14 (b) To be eligible to serve time in a correctional restitution center, the prisoner 15 (1) must be employable or eligible to work on community service 16 projects approved by the commissioner and agree to secure employment or participate 17 in community service projects and obey the rules of the center; 18 (2) may not be serving a sentence for conviction of an offense 19 (A) involving violence or the use of force; 20 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 21 (3) may not have been convicted of a felony offense, in the state or 22 another jurisdiction, involving violence or the use of force; [AND] 23 (4) may not have been convicted of an offense under AS 11.41.410 - 24 11.41.470 or an offense in the state or another jurisdiction having elements 25 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 26 (5) may not have been sentenced to a mandatory 99-year term of 27 imprisonment under AS 12.55.125(l). 28 * Sec. 17. APPLICABILITY. References to prior or previous convictions in this Act apply 29 to all convictions occurring before, on, or after the effective date of this Act. 30 * Sec. 18. AS 12.55.125(j), amended by sec. 5 of this Act, has the effect of amending 31 Alaska Rule of Criminal Procedure 35 by permitting a court to reduce or modify a mandatory
01 sentence of imprisonment of 99 years imposed under AS 12.55.125(l) after the defendant has 02 served one-half of the mandatory term.