HB 252: "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure."
00HOUSE BILL NO. 252 01 "An Act relating to criminal records; relating to notice about and registration of 02 sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska 03 Rules of Criminal Procedure." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.56.840 is amended to read: 06 Sec. 11.56.840. Failure to register as a sex offender or child kidnapper. 07 (a) A person commits the crime of failure to register as a sex offender or child 08 kidnapper if the person [WHO] knowingly fails to (1) register, (2) file the written 09 notice of change of address, [OR] (3) file the annual or quarterly written notice, 10 verification, or statement, or (4) or supply all of the information required to be 11 submitted under (1) - (3) of this subsection, as required in AS 12.63.010. 12 (b) Failure to register as a sex offender or child kidnapper is [, IS 13 GUILTY OF] a class C felony [CLASS A MISDEMEANOR]. 14 * Sec. 2. AS 12.55.148 is amended to read:
01 Sec. 12.55.148. Judgment for sex offenses or child kidnappings. (a) When 02 a defendant is convicted of a sex offense or child kidnapping by a court of this state, 03 the written judgment must set out the requirements of AS 12.63.010. 04 (b) In this section, "sex offense" and "child kidnapping" have [HAS] the 05 meanings [MEANING] given in AS 12.63.100. 06 * Sec. 3. AS 12.62.160(b)(10) is amended to read: 07 (10) current offender information and past conviction information relating 08 to a serious offense, a sex offense, or a child kidnapping, may be provided to an 09 interested person if the information is requested for the purpose of determining whether 10 to grant a person supervisory or disciplinary power over a minor or dependent adult; 11 in this paragraph, "sex offense" and "child kidnapping" have the meanings given 12 in AS 12.63.100; and 13 * Sec. 4. AS 12.63.010(a) is amended to read: 14 (a) A sex offender or child kidnapper who is physically present in the state 15 shall register as provided in this section. The sex offender or child kidnapper shall 16 register within 17 (1) three [SEVEN] days of release from an in-state correctional 18 facility; 19 (2) three [SEVEN] days of conviction for a sex offense or child 20 kidnapping if the sex offender or child kidnapper is not sentenced to a term of 21 incarceration; or 22 (3) seven [14] days of becoming physically present in the state, except 23 the sex offender or child kidnapper shall register within three [SEVEN] days of 24 becoming physically present in the state if the sex offender or child kidnapper 25 (A) is a probationer or parolee being supervised by the state as 26 the receiving state under AS 33.36.110 - 33.36.120; or 27 (B) has been released from an out-of-state correctional facility 28 where the sex offender or child kidnapper was serving a term of incarceration 29 for a sex offense or child kidnapping conviction in this state. 30 * Sec. 5. AS 12.63.010(b) is amended to read: 31 (b) A sex offender or child kidnapper required to register under (a) of this
01 section shall register in person at the Alaska state trooper post or municipal police 02 department located nearest to where the sex offender or child kidnapper resides at the 03 time of registration. To fulfill the registration requirement, the sex offender or child 04 kidnapper shall 05 (1) complete a registration form that includes, at a minimum, the sex 06 offender's or child kidnapper's name, address, place of employment, date of birth, 07 each conviction for a sex offense or child kidnapping for which the duty to register 08 has not terminated under AS 12.63.020, date of sex offense or child kidnapping 09 convictions, place and court of sex offense or child kidnapping convictions, the date 10 the sex offender or child kidnapper was unconditionally discharged from a 11 conviction for a sex offense or child kidnapping, all aliases used, [AND] driver's 12 license number, description and license numbers of motor vehicles the sex offender 13 or child kidnapper has access to regardless of whether that access is regular or 14 not, any identifying features of the sex offender or child kidnapper, anticipated 15 changes of address, and a statement concerning whether the offender or 16 kidnapper has had treatment for a mental abnormality or personality disorder 17 since the date of conviction for an offense requiring registration under this 18 chapter; 19 (2) allow the Alaska state troopers or municipal police to take a 20 complete set of the sex offender's or child kidnapper's fingerprints and to take the 21 sex offender's or child kidnapper's photograph. 22 * Sec. 6. AS 12.63.010(c) is amended to read: 23 (c) If a sex offender or child kidnapper changes residence within the state 24 after having registered under (a) of this section, the sex offender or child kidnapper 25 shall provide written notice of the change to the Alaska state trooper post or municipal 26 police department located nearest to the new residence within five [10] days of the 27 change. 28 * Sec. 7. AS 12.63.010(d) is amended to read: 29 (d) A sex offender or child kidnapper required to register 30 (1) for 15 years under (a) of this section and AS 12.63.020(a)(2) shall, 31 annually, during the term of a duty to register under AS 12.63.020, on a date set by
01 the department at the time of the sex offender's or child kidnapper's initial 02 registration, provide written verification [NOTICE] to the department, in the manner 03 required by the department, of the sex offender's or child kidnapper's address 04 and any changes to the information previously [INITIALLY] provided under (b)(1) 05 of this section; 06 (2) for life under (a) of this section and AS 12.63.020(a)(1) shall, not 07 less than quarterly, on a date set by the department, provide written verification 08 to the department, in the manner required by the department, of the sex 09 offender's or child kidnapper's address and any changes to the information 10 previously provided under (b)(1) of this section [, OR IF THERE ARE NO 11 CHANGES, A STATEMENT TO THAT EFFECT]. 12 * Sec. 8. AS 12.63.010 is amended by adding a new subsection to read: 13 (f) The registration form required to be submitted under (b) of this section and 14 the annual or quarterly verifications must be sworn to by the offender or kidnapper and 15 contain an admonition that a false statement may subject the offender or kidnapper to 16 prosecution for perjury. 17 * Sec. 9. AS 12.63.020 is amended to read: 18 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 19 register. (a) The duty of a sex offender or child kidnapper to comply with the 20 requirements of AS 12.63.010 for each sex offense or child kidnapping 21 (1) continues for the lifetime of a sex offender or child kidnapper 22 convicted of 23 (A) one aggravated sex offense; or 24 (B) two or more sex offenses, two or more child kidnappings, 25 or one sex offense and one child kidnapping; 26 (2) ends 15 years following the sex offender's or child kidnapper's 27 unconditional discharge from a conviction for a single sex offense that is not an 28 aggravated sex offense or a single child kidnapping; the registration period under 29 this paragraph 30 (A) is tolled for each year that a sex offender or child 31 kidnapper fails to comply with the requirements of this chapter; and
01 (B) may include the time a sex offender or child kidnapper 02 has complied with the sex offender or child kidnapper registration 03 requirements of another jurisdiction if the sex offender or child kidnapper 04 provides the department with proof of compliance while the sex offender 05 or child kidnapper was absent from this state. 06 (b) The department shall adopt, by regulation, procedures to notify a sex 07 offender or child kidnapper who, on the registration form under AS 12.63.010, lists 08 a conviction for a sex offense or child kidnapping that is a violation of a former law 09 of this state or a law of another jurisdiction, of the duration of the offender's or 10 kidnapper's duty under (a) of this section for that sex offense or child kidnapping. 11 As a part of those regulations, the department shall require the offender or 12 kidnapper to supply proof of unconditional discharge and the date it occurred. 13 * Sec. 10. AS 12.63 is amended by adding new sections to read: 14 Sec. 12.63.030. Notification of other jurisdictions. (a) If a sex offender or 15 child kidnapper notifies the department that the sex offender or child kidnapper is 16 moving from the state, the department shall notify the Federal Bureau of Investigation 17 and the state where the sex offender or child kidnapper is moving of the sex offender's 18 or child kidnapper's intended address. 19 (b) If a sex offender or child kidnapper fails to register or to verify the sex 20 offender's or child kidnapper's address and registration under this chapter, or the 21 department does not know the location of a sex offender or child kidnapper required 22 to register under this chapter, the department shall immediately notify the Federal 23 Bureau of Investigation. 24 Sec. 12.63.040. Alaska Court System to supply information. The executive 25 director of the Alaska Court System shall at least biennially prepare and provide to the 26 Department of Public Safety a list of those persons convicted of a sex offense or child 27 kidnapping in the state in that period to assist the Department of Public Safety in 28 enforcing the provisions of this chapter. 29 * Sec. 11. AS 12.63.100(2) is amended to read: 30 (2) "sex offender or child kidnapper" means a person convicted of a 31 sex offense or child kidnapping in this state or another jurisdiction regardless of
01 whether the conviction occurred before, after, or on August 10, 1994; 02 * Sec. 12. AS 12.63.100(3) is amended to read: 03 (3) "sex offense" means a crime, or an attempt, solicitation, or 04 conspiracy to commit a crime, under the following statutes or a similar law of 05 another jurisdiction: 06 (A) AS 11.41.410 - 11.41.438, 11.41.440(a)(2), 11.41.450, or 07 11.41.455; 08 (B) [,] AS 11.61.125; 09 (C) [,] AS 11.66.110 or 11.66.130(a)(2) if the person who was 10 induced or caused to engage in prostitution was 16 or 17 years of age at 11 the time of the offense; or 12 (D) [,] former AS 11.15.120, former [OR] 11.15.134, or 13 assault with the intent to commit rape under former AS 11.15.160, [OR] 14 former AS 11.40.110, or 11.40.200 [, OR A SIMILAR LAW IN ANOTHER 15 JURISDICTION]; 16 * Sec. 13. AS 12.63.100 is amended by adding new paragraphs to read: 17 (5) "aggravated sex offense" means a crime, or an attempt to commit 18 a crime, under AS 11.41.410, 11.41.434, or a similar law of another jurisdiction; 19 (6) "child kidnapping" means a crime or an attempt, solicitation, or 20 conspiracy to commit a crime, under AS 11.41.300, or a similar law of another 21 jurisdiction, if the victim was under 18 years of age at the time of the offense. 22 * Sec. 14. AS 18.65.087(a) is amended to read: 23 (a) The Department of Public Safety shall maintain a central registry of sex 24 offenders and child kidnappers required to register under AS 12.63.010 and shall 25 adopt regulations necessary to carry out the purposes of this section and AS 12.63. A 26 post of the Alaska state troopers or a municipal police department that receives 27 information under AS 12.63.010 shall forward the information within five working 28 days of receipt to the central registry of sex offenders and child kidnappers. 29 * Sec. 15. AS 18.65.087(b) is amended to read: 30 (b) Information about a sex offender or child kidnapper that is contained in 31 the central registry, including sets of fingerprints, is confidential and not subject to
01 public disclosure except as to the sex offender's or child kidnapper's name, address, 02 photograph, place of employment, date of birth, crime for which convicted, date of 03 conviction, place and court of conviction, and length of sentence. 04 * Sec. 16. AS 18.65.087(d) is amended to read: 05 (d) The Department of Public Safety 06 (1) shall adopt regulations to 07 (A) allow a sex offender or child kidnapper to review sex 08 offender or child kidnapper registration information that refers to that sex 09 offender or child kidnapper, and if the sex offender or child kidnapper 10 believes the information is inaccurate or incomplete, to request the department 11 to correct the information; if the department finds the information is inaccurate 12 or incomplete, the department shall correct or supplement the information; 13 (B) ensure the appropriate circulation to law enforcement 14 agencies of information contained in the central registry; 15 (C) provide for the publication at least biennially in a 16 newspaper of statewide circulation the name and address of each offender 17 or kidnapper required to register under AS 12.63.010; 18 (D) to ensure the anonymity of members of the public who 19 request information under this section; 20 (2) shall provide to municipal police departments the forms and 21 directions necessary to allow sex offenders and child kidnappers to comply with 22 AS 12.63.010; 23 (3) may adopt regulations to establish fees to be charged for registration 24 under AS 12.63.010 and for information requests; the fee for registration shall be based 25 upon the actual costs of performing the registration and maintaining the central registry 26 but may not be set at a level whereby registration is discouraged; the fee for an 27 information request may not be greater than $10; 28 (4) shall remove from the central registry of sex offenders and child 29 kidnappers under AS 18.65.087 information about a sex offender or child kidnapper 30 required to register under AS 12.63.020(a)(2) at the end of the sex offender's or child 31 kidnapper's duty to register if the offender or kidnapper has not been convicted of
01 another sex offense or child kidnapping; in this paragraph, "sex offense or child 02 kidnapping" has the meaning given in AS 12.63.100. 03 * Sec. 17. AS 18.65.087 is amended by adding new subsections to read: 04 (e) The name, address, and other identifying information of a member of the 05 public who makes an information request under this section is not a public record 06 under AS 09.25.100 - 09.25.220. 07 (f) When a sex offender or child kidnapper registers under AS 12.63, the 08 Department of Public Safety shall make reasonable attempts to verify that the sex 09 offender or child kidnapper is residing at the registered address. Reasonable attempts 10 at verifying an address must include at a minimum sending certified mail with return 11 receipt requested, to the offender or kidnapper at the registered address and, if the 12 returned receipt is not signed by the offender or kidnapper, by personally contacting 13 the persons residing at the registered address. The department shall make reasonable 14 efforts to locate an offender or kidnapper who cannot be located at the registered 15 address. 16 * Sec. 18. AS 33.30.012 is amended to read: 17 Sec. 33.30.012. Notice of release, parole, community placement, work 18 release placement, furlough or escape of sex offender or child kidnapper. (a) At 19 the earliest possible date, and in no event later than 10 days before release of a sex 20 offender or child kidnapper with a duty to register under AS 12.63, the 21 commissioner shall complete the registration of the sex offender or child kidnapper, 22 take the sex offender's or child kidnapper's photograph, and determine if legible 23 fingerprints of the sex offender or child kidnapper have been previously provided 24 to the Department of Public Safety; if legible fingerprints have not previously 25 been provided to the Department of Public Safety, the commissioner shall obtain 26 the sex offender's or child kidnapper's fingerprints in the manner required by the 27 Department of Public Safety and shall immediately forward the fingerprints to the 28 department. When completing the registration under this subsection, the 29 commissioner shall also send written notice of release, parole, community placement, 30 work release placement, or furlough of a sex offender or child kidnapper [SPECIFIC 31 INMATE CONVICTED OF A SEX OFFENSE] to:
01 (1) the chief of police of the community, if any, in which the inmate 02 will reside; 03 (2) the Alaska state trooper post located nearest to where the inmate 04 will reside; [AND] 05 (3) the village public safety officer of the rural community without a 06 municipal police department or Alaska state trooper post in which the inmate will 07 reside; and 08 (4) the Department of Public Safety. 09 (b) If an inmate convicted of a sex offense or child kidnapping escapes from 10 a correctional facility, the commissioner shall immediately notify the chief of police 11 of the community and Alaska state trooper post located closest to where the inmate 12 resided immediately before the inmate's arrest and conviction. 13 * Sec. 19. AS 33.30.035 is amended to read: 14 Sec. 33.30.035. Notice to sex offenders or child kidnappers of registration 15 requirement. The department shall provide written notice to a sex offender or child 16 kidnapper of the registration requirements of AS 12.63.010 [,] and shall obtain a 17 written [SIGNED ACKNOWLEDGMENT OF] receipt of notice from the sex offender 18 or child kidnapper [(1) AT THE TIME OF THE SEX OFFENDER'S RELEASE 19 FROM A STATE CORRECTIONAL FACILITY; (2)] immediately after taking 20 supervision of a sex offender or child kidnapper under the Interstate Corrections 21 Compact or AS 33.36.110. The department shall forward the written receipt to the 22 Department of Public Safety, along with a description of any identifying features 23 of the offender or kidnapper, the anticipated address of the offender or 24 kidnapper, and a statement concerning whether the offender or kidnapper has 25 received treatment for the offender's or kidnapper's mental abnormality or 26 personality disorder related to the sex offense or child kidnapping. In this 27 section, "sex offense or child kidnapping" has the meaning given in AS 12.63.100. 28 * Sec. 20. AS 33.30.901(13) is amended to read: 29 (13) "sex offender or child kidnapper" and "sex offense" and "child 30 kidnapping" have [" HAS] the meanings given in AS 12.63.100. 31 * Sec. 21. AS 44.41.020 is amended by adding a new subsection to read:
01 (e) The Department of Public Safety shall adopt regulations to allow 02 persons entitled to access under AS 12.62.160(b)(10) information maintained by the 03 department to obtain, consistent with federal law, similar information maintained by 04 the United States government. 05 * Sec. 22. COURT RULES. The provisions of AS 12.55.148, amended by sec. 2 of this 06 Act, have the effect of changing Alaska Rules of Criminal Procedure 11(c) and 32(c) relating 07 to judgment and sentences for defendants convicted of sex offenses or child kidnappings. 08 * Sec. 23. APPLICABILITY. (a) A sex offender or child kidnapper with (1) one 09 conviction for an aggravated sex offense, (2) two or more convictions for a sex offense or 10 child kidnapping, or (3) one conviction for a child kidnapping and one conviction for a sex 11 offense regardless of whether the offender or kidnapper has been unconditionally discharged 12 from that conviction or convictions before the effective date of this Act, shall register under 13 AS 12.63.010, amended by secs. 4 - 7 of this Act, by the 60th day after the effective date of 14 this Act. A sex offender or child kidnapper with only one conviction for a sex offense that 15 is not an aggravated sex offense or only one conviction for a child kidnapping who was 16 unconditionally discharged from that offense before July 1, 1984, does not have to register 17 under this Act. A sex offender or child kidnapper with only one conviction for a sex offense 18 that is not an aggravated sex offense or only one conviction for a child kidnapping who was 19 required to register under sec. 12, ch. 41, SLA 1994, shall continue to register as provided by 20 AS 12.63.010, amended by secs. 4 - 7 of this Act. 21 (b) A conviction for a sex offense or child kidnapping before the effective date of this 22 Act is a sex offense or child kidnapping for purposes of the duration of registration 23 requirement of AS 12.63.020(a), amended by sec. 9 of this Act. 24 (c) In this section, "aggravated sex offense," "sex offender or child kidnapper," "sex 25 offense," and "child kidnapping" have the meanings given in AS 12.63.100, amended by 26 secs. 11 - 13 of this Act.