00HOUSE BILL NO. 272                                                                                                      
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."                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 11.56.340(a) is amended to read:                                                                    
06  (a)  A person commits the crime of unlawful evasion if, while charged with or                                         
07 convicted of a felony or 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.  (a)  A person                                          
06 sentenced to a term of imprisonment for a misdemeanor may be ordered by the court                                       
07 to serve the sentence by electronic monitoring at the person's residence or other place                                 
08 specified by the court.  The electronic monitoring shall be administered by the                                         
09 Department of Corrections and shall be designed so that any attempt to remove, tamper                                   
10 with, or disable the monitoring equipment or to leave the place designated for the                                      
11 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 11.56.340.                                                                                 
17  (c)  The court shall assess the costs of electronic monitoring to the defendant.