00SENATE BILL NO. 155                                                                                                     
01 "An Act to permit a court to order a defendant who receives a sentence of                                               
02 imprisonment for a misdemeanor to serve the sentence by electronic monitoring;                                          
03 and relating to the crime of unlawful evasion in the second degree."                                                    
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 11.56.350(a) is amended to read:                                                                    
06  (a)  A person commits the crime of unlawful evasion in the second degree if,                                          
07 while charged with or convicted of a misdemeanor,                                                                       
08   (1)  the person fails to return to official detention within the time                                                
09 authorized following temporary leave granted for a specific purpose or limited period,                                  
10 including leave granted under AS 33.30.181; [OR]                                                                        
11   (2)  while on furlough under AS 33.30.101 - 33.30.131 the person fails                                               
12 to return to the place of confinement or residence within the time authorized by those                                  
13 having direct supervision; or                                                                                          
14   (3)  while serving a sentence by electronic monitoring under                                                         

01 AS 12.55.057 the person removes, tampers with, or disables the monitoring                                               
02 equipment or leaves the person's residence or other place designated by the court                                       
03 for service of the sentence by electronic monitoring.                                                                  
04    * Sec. 2.  AS 12.55 is amended by adding a new section to read:                                                      
05  Sec. 12.55.057. SERVICE OF SENTENCE BY ELECTRONIC MONITORING.                                                         
06 (a)  A person sentenced to a term of imprisonment for a misdemeanor may be ordered                                      
07 by the court to serve the sentence by electronic monitoring at the person's residence                                   
08 or other place specified by the court.  The electronic monitoring shall be administered                                 
09 by the Department of Corrections and shall be designed so that any attempt to remove,                                   
10 tamper with, or disable the monitoring equipment or to leave the place designated for                                   
11 the service of the sentence will result in a report or notice to the Department of                                      
12 Corrections.                                                                                                            
13  (b)  A person who, while serving a sentence under this section, removes,                                              
14 tampers with, or disables electronic monitoring equipment or leaves the person's                                        
15 residence or other place designated by the court for service of the sentence may be                                     
16 prosecuted as provided in AS 11.56.350.                                                                                 
17  (c)  The court shall assess the costs of electronic monitoring to the defendant.