CSHB 252(JUD): "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."
00CS FOR HOUSE BILL NO. 252(JUD) 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 is amended by adding a new section to read: 06 Sec. 11.56.835. Failure to register as a sex offender or child kidnapper in 07 the first degree. (a) A person commits the crime of failure to register as a sex 08 offender or child kidnapper in the first degree if the person violates AS 11.56.840 09 (1) and the person has been previously convicted of a crime under this 10 section or AS 11.56.840 or a law or ordinance of this or another jurisdiction with 11 elements similar to a crime under this section or AS 11.56.840; or 12 (2) with intent to escape detection or identification and, by escaping 13 detection or identification, to facilitate the person's commission of a sex offense or 14 child kidnapping.
01 (b) In a prosecution under (a)(2) of this section, the fact that the defendant, for 02 a period of at least one year, failed to register as a sex offender or child kidnapper, 03 failed to file the annual or quarterly written verification or changed the sex offender's 04 or child kidnapper's address and did not file the required notice of change of address, 05 is prima facie evidence that the defendant intended to escape detection or identification 06 and, by escaping detection or identification, to facilitate the person's commission of a 07 sex offense or child kidnapping. 08 (c) In this section, "child kidnapping" and "sex offense" have the meanings 09 given in AS 12.63.100. 10 (d) Failure to register as a sex offender or child kidnapper in the first degree 11 is a class C felony. 12 * Sec. 2. AS 11.56.840 is amended to read: 13 Sec. 11.56.840. Failure to register as a sex offender or child kidnapper in 14 the second degree . (a) A person commits the crime of failure to register as a sex 15 offender or child kidnapper in the second degree if the person [WHO] knowingly 16 fails to (1) register, (2) file the written notice of change of address, [OR] (3) file the 17 annual or quarterly written verification, or (4) supply all of the information 18 required to be submitted under (1) - (3) of this subsection [NOTICE OR 19 STATEMENT], as required in AS 12.63.010 . 20 (b) Failure to register as a sex offender or child kidnapper in the second 21 degree is [, IS GUILTY OF] a class A misdemeanor. 22 * Sec. 3. AS 12.55.135(e) is amended to read: 23 (e) If a defendant is sentenced under (c) , [OR] (d) , or (g) of this section, 24 (1) execution of sentence may not be suspended and probation or parole 25 may not be granted until the minimum term of imprisonment has been served; 26 (2) imposition of a sentence may not be suspended except upon 27 condition that the defendant be imprisoned for no less than the minimum term of 28 imprisonment provided in the section; and 29 (3) the minimum term of imprisonment may not otherwise be reduced. 30 * Sec. 4. AS 12.55.135 is amended by adding a new subsection to read: 31 (g) A defendant convicted of failure to register as a sex offender or child
01 kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum 02 term of imprisonment of 90 days. 03 * Sec. 5. AS 12.55.148 is amended to read: 04 Sec. 12.55.148. Judgment for sex offenses or child kidnappings . (a) When 05 a defendant is convicted of a sex offense or child kidnapping by a court of this state, 06 the written judgment must set out the requirements of AS 12.63.010 and, if it can be 07 determined by the court, whether that conviction will require the offender or 08 kidnapper to register for life or a lesser period under AS 12.63 . 09 (b) In this section, "sex offense" and "child kidnapping" have [HAS] the 10 meanings [MEANING] given in AS 12.63.100. 11 * Sec. 6. AS 12.62.900(23) is amended to read: 12 (23) "serious offense" means a conviction for a violation or for an 13 attempt, solicitation, or conspiracy to commit a violation [FOR A FELONY 14 OFFENSE, A CRIME INVOLVING DOMESTIC VIOLENCE, OR A VIOLATION 15 OR ATTEMPTED VIOLATION] of any of the following laws, or of the laws of 16 another jurisdiction with substantially similar elements: 17 (A) a felony offense; 18 (B) a crime involving domestic violence; 19 (C) AS 11.41.410 - 11.41.470; 20 (D) [(B)] AS 11.51.130 [AS 11.51.130(a)(1) - (3)]; 21 (E) [(C)] AS 11.61.110(a)(7) or 11.61.125 ; 22 (F) [(D)] AS 11.66.100 - 11.66.130; or 23 (G) former AS 11.15.120, former 11.15.134, or assault with 24 the intent to commit rape under former AS 11.15.160; 25 (H) [(E)] former AS 11.40.080, 11.40.110, 11.40.130, or 26 11.40.200 - 11.40.420, if committed before January 1, 1980; 27 * Sec. 7. AS 12.63.010(a) is amended to read: 28 (a) A sex offender or child kidnapper who is physically present in the state 29 shall register as provided in this section. The sex offender or child kidnapper shall 30 register [WITHIN] 31 (1) within the 30-day period before [SEVEN DAYS OF] release from
01 an in-state correctional facility; 02 (2) by the next working day following [SEVEN DAYS OF] 03 conviction for a sex offense or child kidnapping if the sex offender is not 04 incarcerated at the time of conviction [SENTENCED TO A TERM OF 05 INCARCERATION]; or 06 (3) by the next working day [14 DAYS] of becoming physically 07 present in the state [, EXCEPT THE SEX OFFENDER SHALL REGISTER WITHIN 08 SEVEN DAYS OF BECOMING PHYSICALLY PRESENT IN THE STATE IF THE 09 SEX OFFENDER 10 (A) IS A PROBATIONER OR PAROLEE BEING 11 SUPERVISED BY THE STATE AS THE RECEIVING STATE UNDER 12 AS 33.36.110 - 33.36.120; OR 13 (B) HAS BEEN RELEASED FROM AN OUT-OF-STATE 14 CORRECTIONAL FACILITY WHERE THE SEX OFFENDER WAS 15 SERVING A TERM OF INCARCERATION FOR A SEX OFFENSE 16 CONVICTION IN THIS STATE]. 17 * Sec. 8. AS 12.63.010(b) is amended to read: 18 (b) A sex offender or child kidnapper required to register under (a) of this 19 section shall register with the Department of Corrections if the sex offender or 20 child kidnapper is incarcerated or in person at the Alaska state trooper post or 21 municipal police department located nearest to where the sex offender or child 22 kidnapper resides at the time of registration. To fulfill the registration requirement, 23 the sex offender or child kidnapper shall 24 (1) complete a registration form that includes, at a minimum, 25 (A) the sex offender's or child kidnapper's name, address, 26 place of employment, date of birth ; [,] 27 (B) each conviction for a sex offense or child kidnapping for 28 which the duty to register has not terminated under AS 12.63.020, date of sex 29 offense or child kidnapping convictions, place and court of sex offense or 30 child kidnapping convictions, whether the sex offender or child kidnapper 31 has been unconditionally discharged from the conviction for a sex offense
01 or child kidnapping and the date of the unconditional discharge; if the sex 02 offender or child kidnapper asserts that the offender or kidnapper has 03 been unconditionally discharged, the offender or kidnapper shall supply 04 proof of that discharge acceptable to the department; 05 (C) all aliases used ; [,] 06 (D) [AND] driver's license number ; 07 (E) description, license numbers, and vehicle identification 08 numbers of motor vehicles the sex offender or child kidnapper has access 09 to regardless of whether that access is regular or not; 10 (F) any identifying features of the sex offender or child 11 kidnapper; 12 (G) anticipated changes of address; and 13 (H) a statement concerning whether the offender or 14 kidnapper has had treatment for a mental abnormality or personality 15 disorder since the date of conviction for an offense requiring registration 16 under this chapter ; 17 (2) allow the Alaska state troopers , Department of Corrections, or 18 municipal police to take a complete set of the sex offender's or child kidnapper's 19 fingerprints and to take the sex offender's or child kidnapper's photograph. 20 * Sec. 9. AS 12.63.010(c) is amended to read: 21 (c) If a sex offender or child kidnapper changes residence [WITHIN THE 22 STATE] after having registered under (a) of this section, the sex offender or child 23 kidnapper shall provide written notice of the change by the next working day 24 following the change to the Alaska state trooper post or municipal police department 25 located nearest to the new residence or, if the residence change is out of state, to the 26 central registry [WITHIN 10 DAYS OF THE CHANGE]. 27 * Sec. 10. AS 12.63.010(d) is amended to read: 28 (d) A sex offender or child kidnapper required to register 29 (1) for 15 years under (a) of this section and AS 12.63.020(a)(2) shall , 30 annually, during the term of a duty to register under AS 12.63.020, on a date set by 31 the department at the time of the sex offender's or child kidnapper's initial
01 registration, provide written verification [NOTICE] to the department , in the manner 02 required by the department, of the sex offender's or child kidnapper's address 03 and notice of any changes to the information previously [INITIALLY] provided under 04 (b)(1) of this section ; 05 (2) for life under (a) of this section and AS 12.63.020(a)(1) shall, not 06 less than quarterly, on a date set by the department, provide written verification 07 to the department, in the manner required by the department, of the sex 08 offender's or child kidnapper's address and any changes to the information 09 previously provided under (b)(1) of this section [, OR IF THERE ARE NO 10 CHANGES, A STATEMENT TO THAT EFFECT]. 11 * Sec. 11. AS 12.63.010 is amended by adding a new subsection to read: 12 (f) The registration form required to be submitted under (b) of this section and 13 the annual or quarterly verifications must be sworn to by the offender or kidnapper and 14 contain an admonition that a false statement shall subject the offender or kidnapper to 15 prosecution for perjury. 16 * Sec. 12. AS 12.63.020 is amended to read: 17 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 18 register. (a) The duty of a sex offender or child kidnapper to comply with the 19 requirements of AS 12.63.010 for each sex offense or child kidnapping 20 (1) continues for the lifetime of a sex offender or child kidnapper 21 convicted of 22 (A) one aggravated sex offense; or 23 (B) two or more sex offenses , two or more child kidnappings, 24 or one sex offense and one child kidnapping ; 25 (2) ends 15 years following the sex offender's or child kidnapper's 26 unconditional discharge from a conviction for a single sex offense that is not an 27 aggravated sex offense or for a single child kidnapping if the sex offender or child 28 kidnapper has supplied proof that is acceptable to the department of the 29 unconditional discharge; the registration period under this paragraph 30 (A) is tolled for each year that a sex offender or child 31 kidnapper
01 (i) fails to comply with the requirements of this 02 chapter; 03 (ii) is incarcerated for the offense or kidnapping for 04 which the offender or kidnapper is required to register or for any 05 other offense; 06 (B) may include the time a sex offender or child kidnapper 07 was absent from this state if the sex offender or child kidnapper has 08 complied with any sex offender or child kidnapper registration 09 requirements of the jurisdiction in which the offender or kidnapper was 10 located and if the sex offender or child kidnapper provides the department 11 with proof of the compliance while the sex offender or child kidnapper was 12 absent from this state; and 13 (C) continues for a sex offender or child kidnapper who has 14 not supplied proof acceptable to the department of the offender's or 15 kidnapper's unconditional discharge for the sex offense or child 16 kidnapping requiring registration . 17 (b) The department shall adopt, by regulation, procedures to notify a sex 18 offender or child kidnapper who, on the registration form under AS 12.63.010, lists 19 a conviction for a sex offense or child kidnapping that is a violation of a former law 20 of this state or a law of another jurisdiction, of the duration of the offender's or 21 kidnapper's duty under (a) of this section for that sex offense or child kidnapping. 22 As a part of the regulations, the department shall require the offender or 23 kidnapper to supply proof acceptable to the department of unconditional 24 discharge and the date it occurred . 25 * Sec. 13. AS 12.63 is amended by adding a new section to read: 26 Sec. 12.63.030. Notification of other jurisdictions. (a) If a sex offender or 27 child kidnapper notifies the department that the sex offender or child kidnapper is 28 moving from the state, the department shall notify the Federal Bureau of Investigation 29 and the state where the sex offender or child kidnapper is moving of the sex offender's 30 or child kidnapper's intended address. 31 (b) If a sex offender or child kidnapper fails to register or to verify the sex
01 offender's or child kidnapper's address and registration under this chapter, or the 02 department does not know the location of a sex offender or child kidnapper required 03 to register under this chapter, the department shall immediately notify the Federal 04 Bureau of Investigation. 05 * Sec. 14. AS 12.63.100(2) is amended to read: 06 (2) "sex offender or child kidnapper " means a person convicted of a 07 sex offense or child kidnapping in this state or another jurisdiction regardless of 08 whether the conviction occurred before, after, or on the effective date of this Act 09 [AUGUST 10, 1994]; 10 * Sec. 15. AS 12.63.100(3) is amended to read: 11 (3) "sex offense" means a crime, or an attempt , solicitation, or 12 conspiracy to commit a crime, under the following statutes or a similar law of 13 another jurisdiction: 14 (A) AS 11.41.410 - 11.41.438, 11.41.440(a)(2), 11.41.450, or 15 11.41.455 ; 16 (B) [,] AS 11.61.125 ; 17 (C) [,] AS 11.66.110 or 11.66.130(a)(2) if the person who was 18 induced or caused to engage in prostitution was 16 or 17 years of age at 19 the time of the offense; or 20 (D) [,] former AS 11.15.120 , former [OR] 11.15.134 , or 21 assault with the intent to commit rape under former AS 11.15.160 , [OR] 22 former AS 11.40.110 , or 11.40.200 [, OR A SIMILAR LAW IN ANOTHER 23 JURISDICTION]; 24 * Sec. 16. AS 12.63.100 is amended by adding new paragraphs to read: 25 (5) "aggravated sex offense" means a crime, or an attempt, solicitation, 26 or conspiracy to commit a crime, under AS 11.41.410, 11.41.434, or a similar law of 27 another jurisdiction; 28 (6) "child kidnapping" means a crime or an attempt, solicitation, or 29 conspiracy to commit a crime, under AS 11.41.300, or a similar law of another 30 jurisdiction, if the victim was under 18 years of age at the time of the offense. 31 * Sec. 17. AS 18.65.087(a) is amended to read:
01 (a) The Department of Public Safety shall maintain a central registry of sex 02 offenders and child kidnappers [REQUIRED TO REGISTER UNDER AS 12.63.010] 03 and shall adopt regulations necessary to carry out the purposes of this section and 04 AS 12.63. A post of the Alaska state troopers or a municipal police department that 05 receives registration or change of address information under AS 12.63.010 shall 06 forward the information within five working days of receipt to the central registry of 07 sex offenders and child kidnappers. Unless the sex offender or child kidnapper 08 provides proof satisfactory to the department that the sex offender or child 09 kidnapper is not physically present in the state or that the time limits described 10 in AS 12.63.010 have passed, the Department of Public Safety may enter and 11 maintain in the registry information described in AS 12.63.010 about a sex 12 offender or child kidnapper that the department obtains from 13 (1) the sex offender or child kidnapper under AS 12.63; 14 (2) a post of the Alaska state troopers or a municipal police 15 department under (a) of this section; 16 (3) a court judgment under AS 12.55.148; 17 (4) the Department of Corrections under AS 33.30.012 or 33.30.035; 18 (5) the Federal Bureau of Investigation or another sex offender 19 registration agency outside this state if the information indicates that a sex 20 offender or child kidnapper is believed to be residing or planning to reside in the 21 state or cannot be located; 22 (6) a criminal justice agency in the state or another jurisdiction; 23 (7) the department's central repository under AS 12.62; information 24 entered in the registry from the repository is not subject to the requirements of 25 AS 12.62.160(c)(3) or (4); or 26 (8) another reliable source as defined in regulations adopted by the 27 department . 28 * Sec. 18. AS 18.65.087(b) is amended to read: 29 (b) Information about a sex offender or child kidnapper that is contained in 30 the central registry, including sets of fingerprints, is confidential and not subject to 31 public disclosure except as to the sex offender's or child kidnapper's name, aliases,
01 address, photograph, physical description, description of motor vehicles, license 02 numbers of motor vehicles, and vehicle identification numbers of motor vehicles, 03 place of employment, date of birth, crime for which convicted, date of conviction, 04 place and court of conviction, [AND] length and conditions of sentence , and a 05 statement as to whether the offender or kidnapper is in compliance with 06 requirements of AS 12.63 or cannot be located . 07 * Sec. 19. AS 18.65.087(d) is amended to read: 08 (d) The Department of Public Safety 09 (1) shall adopt regulations to 10 (A) allow a sex offender or child kidnapper to review sex 11 offender or child kidnapper registration information that refers to that sex 12 offender or child kidnapper , and if the sex offender or child kidnapper 13 believes the information is inaccurate or incomplete, to request the department 14 to correct the information; if the department finds the information is inaccurate 15 or incomplete, the department shall correct or supplement the information; 16 (B) ensure the appropriate circulation to law enforcement 17 agencies of information contained in the central registry; 18 (C) ensure the anonymity of members of the public who 19 request information under this section; 20 (2) shall provide to the Department of Corrections and municipal 21 police departments the forms and directions necessary to allow sex offenders and child 22 kidnappers to comply with 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 this section 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 and the offender or kidnapper has 02 supplied proof of unconditional discharge acceptable to the department ; in this 03 paragraph, "sex offense" and "child kidnapping" have [HAS] the meanings 04 [MEANING] given in AS 12.63.100. 05 * Sec. 20. AS 18.65.087 is amended by adding new subsections to read: 06 (e) The name, address, and other identifying information of a member of the 07 public who makes an information request under this section is not a public record 08 under AS 09.25.100 - 09.25.220. 09 (f) When a sex offender or child kidnapper registers under AS 12.63, the 10 Department of Public Safety shall make reasonable attempts to verify that the sex 11 offender or child kidnapper is residing at the registered address. Reasonable attempts 12 at verifying an address include sending certified mail, return receipt requested, to the 13 offender or kidnapper 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 (g) The department, at least quarterly, shall compile a list of those persons 17 with a duty to register under AS 12.63.010 who have failed to register, whose 18 addresses cannot be verified under (f) of this section, or who otherwise cannot be 19 located. The department shall post this list on the Internet and request the public's 20 assistance in locating these persons. 21 * Sec. 21. AS 33.30.012 is amended to read: 22 Sec. 33.30.012. Notice of release, parole, community placement, work 23 release placement, furlough , or escape of sex offender or child kidnapper . (a) 24 Within 30 [AT THE EARLIEST POSSIBLE DATE, AND IN NO EVENT LATER 25 THAN 10] days before release of a sex offender or child kidnapper with a duty to 26 register under AS 12.63 , the commissioner shall complete the registration of the sex 27 offender or child kidnapper if the offender or kidnapper has not previously 28 registered. The commissioner shall take the sex offender's or child kidnapper's 29 photograph, and determine if legible fingerprints of the sex offender or child 30 kidnapper have been previously provided to the Department of Public Safety; if 31 legible fingerprints for the sex offense or child kidnapping have not previously
01 been provided to the Department of Public Safety, the commissioner shall obtain 02 the sex offender's or child kidnapper's fingerprints in the manner required by the 03 Department of Public Safety and shall immediately forward the fingerprints to the 04 department. When completing the registration or taking the photograph under 05 this subsection, the commissioner shall also send written notice of release, parole, 06 community placement, work release placement, or furlough of a sex offender or child 07 kidnapper [SPECIFIC INMATE CONVICTED OF A SEX OFFENSE] to: 08 (1) the chief of police of the community, if any, in which the inmate 09 will reside; 10 (2) the Alaska state trooper post located nearest to where the inmate 11 will reside; [AND] 12 (3) the village public safety officer of the rural community without a 13 municipal police department or Alaska state trooper post in which the inmate will 14 reside ; and 15 (4) the central registry of sex offenders and child kidnappers . 16 (b) If an inmate convicted of a sex offense or child kidnapping escapes from 17 a correctional facility, the commissioner shall immediately notify the Department of 18 Public Safety and the chief of police of the community and the Alaska state trooper 19 post located closest to where the inmate resided immediately before the inmate's arrest 20 and conviction. 21 * Sec. 22. AS 33.30.035 is amended to read: 22 Sec. 33.30.035. Notice to sex offenders or child kidnappers of registration 23 and other requirements [REQUIREMENT]. The department shall provide written 24 notice to a sex offender or child kidnapper of the registration , verification, and 25 change of address requirements of AS 12.63.010 [,] and shall obtain a written 26 [SIGNED ACKNOWLEDGMENT OF] receipt of notice from the sex offender or 27 child kidnapper (1) at the time of the sex offender's or child kidnapper's release 28 from a state correctional facility; (2) immediately after taking supervision of a sex 29 offender or child kidnapper under the Interstate Corrections Compact or 30 AS 33.36.110. The department shall forward the written receipt to the 31 Department of Public Safety, along with a description of any identifying features
01 of the offender or kidnapper, the anticipated address of the offender or 02 kidnapper, and a statement concerning whether the offender or kidnapper has 03 received treatment for the offender's or kidnapper's mental abnormality or 04 personality disorder related to the sex offense or child kidnapping. In this 05 section, "sex offense" and "child kidnapping" have the meanings given in 06 AS 12.63.100. 07 * Sec. 23. AS 33.30.901(13) is amended to read: 08 (13) "sex offender or child kidnapper," "sex offense," and "child 09 kidnapping" have [" HAS] the meanings [MEANING] given in AS 12.63.100 ; [.] 10 * Sec. 24. COURT RULES. (a) The provisions of AS 12.55.148, as amended by sec. 5 11 of this Act, have the effect of changing Rules 11(c) and 32(c), Alaska Rules of Criminal 12 Procedure, relating to judgment and sentences for defendants convicted of sex offenses or 13 child kidnappings. 14 (b) In this section, "sex offense" and "child kidnapping" have the meanings given in 15 AS 12.63.100, as amended by secs. 15 and 16 of this Act. 16 * Sec. 25. APPLICABILITY. (a) A sex offender or child kidnapper with, before the 17 effective date of this Act, (1) one conviction for an aggravated sex offense, (2) two or more 18 convictions for a sex offense or child kidnapping, or (3) one conviction for a child kidnapping 19 and one conviction for a sex offense, regardless of whether the offender or kidnapper has been 20 unconditionally discharged from that conviction or convictions, shall register under 21 AS 12.63.010, as amended by secs. 7 - 11 of this Act, by the 60th day after the effective date 22 of this Act. A sex offender or child kidnapper with only one conviction for a sex offense that 23 is not an aggravated sex offense or only one conviction for a child kidnapping, and who was 24 unconditionally discharged from that offense before July 1, 1984, does not have to register 25 under this Act. A sex offender or child kidnapper with only one conviction for a sex offense 26 that is not an aggravated sex offense or only one conviction for a child kidnapping who was 27 required to register under sec. 12, ch. 41, SLA 1994, shall continue to register as provided by 28 AS 12.63.010, as amended by secs. 7 - 11 of this Act. 29 (b) A conviction for a sex offense or child kidnapping before the effective date of this 30 Act is a sex offense or child kidnapping for purposes of the duration of registration 31 requirement of AS 12.63.020(a), as amended by sec. 12 of this Act.
01 (c) In this section, "aggravated sex offense," "sex offender or child kidnapper," "sex 02 offense," and "child kidnapping" have the meanings given in AS 12.63.100, as amended by 03 secs. 14 - 16 of this Act.