SB 61: "An Act relating to criminal sentencing; relating to mandatory 99-year sentences, parole and furlough eligibility, service of sentence at correctional restitution centers, and good time credit for defendants with at least three felony convictions when the current conviction and at least one of the prior convictions is for a most serious felony; and amending Alaska Rule of Criminal Procedure 35."
00SENATE BILL NO. 61 01 "An Act relating to criminal sentencing; relating to mandatory 99-year sentences, 02 parole and furlough eligibility, service of sentence at correctional restitution centers, 03 and good time credit for defendants with at least three felony convictions when 04 the current conviction and at least one of the prior convictions is for a most 05 serious felony; and amending Alaska Rule of Criminal Procedure 35." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.55.025(e) is amended to read: 08 (e) Except as provided in (g) and (h) of this section, if the defendant has been 09 convicted of two or more crimes, sentences of imprisonment shall run consecutively. 10 If the defendant is imprisoned upon a previous judgment of conviction for a crime, the 11 judgment shall provide that the imprisonment commences at the expiration of the term 12 imposed by the previous judgment. Nothing in AS 12.55.125(a) or (l) limits the court's 13 ability to impose consecutive sentences. 14 * Sec. 2. AS 12.55.125(c) is amended to read:
01 (c) A defendant convicted of a class A felony may be sentenced to a definite 02 term of imprisonment of not more than 20 years, and shall be sentenced to the 03 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 04 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (2) of this subsection, five years; 07 (2) if the offense is a first felony conviction, other than for 08 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 09 caused serious physical injury during the commission of the offense, or knowingly 10 directed the conduct constituting the offense at a uniformed or otherwise clearly 11 identified peace officer, fire fighter, correctional officer, emergency medical technician, 12 paramedic, ambulance attendant, or other emergency responder who was engaged in 13 the performance of official duties at the time of the offense, seven years; 14 (3) if the offense is a second felony conviction, 10 years; 15 (4) if the offense is a third felony conviction and the defendant is not 16 subject to sentencing under (l) of this section, 15 years. 17 * Sec. 3. AS 12.55.125(d) is amended to read: 18 (d) A defendant convicted of a class B felony may be sentenced to a definite 19 term of imprisonment of not more than 10 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 second felony conviction, four years; 23 (2) if the offense is a third felony conviction and the defendant is not 24 subject to sentencing under (l) of this section, six years; 25 (3) if the offense is a first felony conviction, and the defendant 26 knowingly directed the conduct constituting the offense at a uniformed or otherwise 27 clearly identified peace officer, fire fighter, correctional officer, emergency medical 28 technician, paramedic, ambulance attendant, or other emergency responder who was 29 engaged in the performance of official duties at the time of the offense, two years. 30 * Sec. 4. AS 12.55.125(e) is amended to read: 31 (e) A defendant convicted of a class C felony may be sentenced to a definite
01 term of imprisonment of not more than five years, and shall be sentenced to the 02 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 03 12.55.175: 04 (1) if the offense is a second felony conviction, two years; 05 (2) if the offense is a third felony conviction and the defendant is not 06 subject to sentencing under (l) of this section, three years; 07 (3) if the offense is a first felony conviction, and the defendant 08 knowingly directed the conduct constituting the offense at a uniformed or otherwise 09 clearly identified peace officer, fire fighter, correctional officer, emergency medical 10 technician, paramedic, ambulance attendant, or other emergency responder who was 11 engaged in the performance of official duties at the time of the offense, one year; 12 (4) if the offense is a first felony conviction, and the defendant violated 13 AS 08.54.520(a)(7) - (10), one year. 14 * Sec. 5. AS 12.55.125(i) is amended to read: 15 (i) A defendant convicted of sexual assault in the first degree or sexual abuse 16 of a minor in the first degree may be sentenced to a definite term of imprisonment of 17 not more than 30 years, and shall be sentenced to the following presumptive terms, 18 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (2) of this subsection, eight years; 21 (2) if the offense is a first felony conviction, and the defendant 22 possessed a firearm, used a dangerous instrument, or caused serious physical injury 23 during the commission of the offense, 10 years; 24 (3) if the offense is a second felony conviction, 15 years; 25 (4) if the offense is a third felony conviction and the defendant is not 26 subject to sentencing under (l) of this section, 25 years. 27 * Sec. 6. AS 12.55.125(j) is amended to read: 28 (j) A defendant sentenced to a mandatory term of imprisonment of 99 years 29 under (a) or (l) of this section may apply for a modification or reduction of sentence 30 under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory 31 term without consideration of good time earned under AS 33.20.010.
01 * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read: 02 (l) Notwithstanding any other provision of law, a defendant convicted of a 03 most serious felony offense shall be sentenced to a mandatory term of imprisonment 04 for 99 years without the possibility of parole if the defendant has been previously 05 convicted of two or more felony offenses, at least one of the prior felony convictions 06 is for a most serious felony offense, and the prosecuting attorney has filed a notice of 07 intent to seek a mandatory 99-year sentence. If a defendant is sentenced to a 08 mandatory 99-year sentence under this section, 09 (1) imprisonment for the prescribed mandatory term may not be 10 suspended under AS 12.55.080; 11 (2) imposition of sentence may not be suspended under AS 12.55.085; 12 (3) imprisonment for the prescribed mandatory term may not otherwise 13 be reduced. 14 * Sec. 8. AS 12.55.145(a) is amended to read: 15 (a) For purposes of considering prior convictions in imposing sentence under 16 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), or (i), 17 (A) [(1)] a prior conviction may not be considered if a period 18 of 10 or more years has elapsed between the date of the defendant's 19 unconditional discharge on the immediately preceding offense and commission 20 of the present offense unless the prior conviction was for an unclassified or 21 class A felony; 22 (B) [(2)] a conviction in this or another jurisdiction of an 23 offense having elements similar to those of a felony defined as such under 24 Alaska law at the time the offense was committed is considered a prior felony 25 conviction; 26 (C) [(3)] two or more convictions arising out of a single, 27 continuous criminal episode during which there was no substantial change in 28 the nature of the criminal objective are considered a single conviction unless 29 the defendant was sentenced to consecutive sentences for the crimes; offenses 30 committed while attempting to escape or avoid detection or apprehension after 31 the commission of another offense are not part of the same criminal episode
01 or objective; 02 (2) AS 12.55.125(l), 03 (A) a conviction in this or another jurisdiction of an offense 04 having elements similar to those of a most serious felony is considered a 05 prior most serious felony conviction; 06 (B) at least one of the previous most serious felony 07 convictions must have occurred prior to the commission of the present 08 felony offense. 09 * Sec. 9. AS 12.55.145(c) is amended to read: 10 (c) The defendant shall file with the court and serve on the prosecuting 11 attorney notice of denial, consisting of a concise statement of the grounds relied 12 upon and that may be supported by affidavit or other documentary evidence, no 13 later than 10 days before the date set for the imposition of sentence if [IF] the 14 defendant 15 (1) denies 16 (A) the authenticity of a prior judgment of conviction; 17 (B) [,] that the defendant is the person named in the judgment; 18 (C) [,] that the elements of a prior offense committed in this or 19 another jurisdiction are similar [SUBSTANTIALLY IDENTICAL] to those of 20 a 21 (i) felony defined as such under Alaska law; 22 (ii) most serious felony, defined as such under Alaska 23 law; 24 (D) [, OR] that a prior conviction occurred within the period 25 specified in (a)(1)(A) [(a)(1)] of this section; or 26 (E) that a previous conviction occurred in the order 27 required under (a)(2)(B) of this section; or 28 (2) if the defendant alleges that two or more purportedly separate prior 29 convictions should be considered a single conviction under (a)(1)(C) [(a)(3)] of this 30 section [, THE DEFENDANT SHALL FILE WITH THE COURT AND SERVE ON 31 THE PROSECUTING ATTORNEY NOTICE OF DENIAL NO LATER THAN 10
01 DAYS BEFORE THE DATE SET FOR IMPOSITION OF SENTENCE. THE 02 NOTICE OF DENIAL MUST INCLUDE A CONCISE STATEMENT OF THE 03 GROUNDS RELIED UPON AND MAY BE SUPPORTED BY AFFIDAVIT OR 04 OTHER DOCUMENTARY EVIDENCE]. 05 * Sec. 10. AS 12.55.145(d) is amended to read: 06 (d) Matters alleged in a notice of denial shall be heard by the court sitting 07 without a jury. If the defendant introduces substantial evidence that the defendant is 08 not the person named in a prior judgment of conviction, that the judgment is not 09 authentic, that the conviction did not occur within the period specified in (a)(1)(A) 10 [(a)(1)] of this section, [OR] that a conviction should not be considered a prior felony 11 conviction under (a)(1)(B) [(a)(2)] of this section or a prior most serious felony 12 conviction under (a)(2)(A) of this section, or that a previous conviction did not 13 occur in the order required under (a)(2)(B) of this section, then the burden is on 14 the state to prove the contrary beyond a reasonable doubt. The burden of proof that 15 two or more convictions should be considered a single conviction under (a)(1)(C) 16 [(a)(3)] of this section is on the defendant by clear and convincing evidence. 17 * Sec. 11. AS 12.55.145 is amended by adding a new subsection to read: 18 (f) Under this section, a prior conviction has occurred when a defendant has 19 entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict 20 of guilty or guilty but mentally ill has been returned by a jury or by the court. 21 * Sec. 12. AS 12.55.155(c)(20) is amended to read: 22 (20) the defendant was on furlough under AS 33.30 or on parole or 23 probation for another felony charge or conviction that would be considered a prior 24 felony conviction under AS 12.55.145(a)(1)(B) [AS 12.55.145(a)(2)]; 25 * Sec. 13. AS 12.55.185 is amended by adding a new paragraph to read: 26 (14) "most serious felony" means any of the following felonies or a 27 felony attempt to commit any of the following felonies: 28 (A) any unclassified or class A felony prescribed under AS 11 29 or conspiracy or criminal solicitation of an unclassified or class A felony 30 prescribed under AS 11; 31 (B) assault in the second degree;
01 (C) sexual assault in the second degree; 02 (D) sexual abuse of a minor in the second degree; 03 (E) unlawful exploitation of a minor; 04 (F) robbery in the second degree; 05 (G) extortion. 06 * Sec. 14. AS 33.16.090(b) is amended to read: 07 (b) Except as provided in (e) of this section, a prisoner is not eligible for 08 discretionary parole during the term of a presumptive sentence; however, a prisoner 09 is eligible for discretionary parole during a term of sentence enhancement imposed 10 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 11 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 12 a mandatory 99-year term under AS 12.55.125(a) or (l) is not eligible for discretionary 13 parole during the entire term. 14 * Sec. 15. AS 33.20.010(a) is amended to read: 15 (a) Except as provided in (b) of this section and notwithstanding 16 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 17 state or a political subdivision of the state and sentenced to a term of imprisonment 18 that exceeds three days is entitled to a deduction of one-third of the term of 19 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 20 correctional facility in which the prisoner is confined. A prisoner is not eligible for 21 a good time deduction if the prisoner has been sentenced to a 22 (1) mandatory 99-year term of imprisonment under AS 12.55.125(a) 23 after the effective date of this Act; or 24 (2) AS 12.55.125(l). 25 * Sec. 16. AS 33.30.101 is amended by adding a new subsection to read: 26 (c) The regulations adopted under (a) of this section may not provide for the 27 granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term 28 of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct 29 custody of a correctional officer while the prisoner is away from the correctional 30 facility. 31 * Sec. 17. AS 33.30.161(b) is amended to read:
01 (b) To be eligible to serve time in a correctional restitution center, the prisoner 02 (1) must be employable or eligible to work on community service 03 projects approved by the commissioner and agree to secure employment or participate 04 in community service projects and obey the rules of the center; 05 (2) may not be serving a sentence for conviction of an offense 06 (A) involving violence or the use of force; 07 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 08 (3) may not have been convicted of a felony offense, in the state or 09 another jurisdiction, involving violence or the use of force; [AND] 10 (4) may not have been convicted of an offense under AS 11.41.410 - 11 11.41.470 or an offense in the state or another jurisdiction having elements 12 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 13 (5) may not have been sentenced to a mandatory 99-year term of 14 imprisonment under AS 12.55.125(l). 15 * Sec. 18. APPLICABILITY. References to prior or previous convictions in this Act apply 16 to all convictions occurring before, on, or after the effective date of this Act. 17 * Sec. 19. AS 12.55.125(j), amended by sec. 6 of this Act, has the effect of amending 18 Alaska Rule of Criminal Procedure 35 by permitting a court to reduce or modify a sentence 19 of imprisonment imposed under AS 12.55.125(l) after the defendant has served one-half of the 20 term.