SB 67: "An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure."
00SENATE BILL NO. 67 01 "An Act relating to the imposition of criminal sentences; and amending Rule 32.2, 02 Alaska Rules of Criminal Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. This Act may be known as the "Truth in Sentencing Act of 1997." 05 * Sec. 2 AS 12.55.025(a) is amended to read: 06 (a) When imposing a sentence for conviction of a felony offense or a sentence 07 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 08 regulation adopted under AS 04, or an ordinance adopted in conformity with 09 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 10 includes the following: 11 (1) a verbatim record of the sentencing hearing and any other in-court 12 sentencing procedures; 13 (2) findings on material issues of fact and on factual questions required 14 to be determined as a prerequisite to the selection of the sentence imposed;
01 (3) a clear statement of the terms of the sentence imposed; this 02 statement must include, at a minimum, 03 (A) the sentence imposed; 04 (B) the term of incarceration imposed, if any, including the 05 minimum term the defendant is expected to actually serve prior to being 06 released or placed on mandatory parole if the defendant's deduction for 07 good conduct under AS 33.20.010 is not forfeited; and 08 (C) the minimum term of incarceration the defendant must 09 serve before becoming eligible for release on discretionary parole; 10 (4) any recommendations as to the place of confinement or the manner 11 of treatment; and 12 (5) in the case of a conviction for a felony offense, information 13 assessing 14 (A) the financial, emotional, and medical effects of the offense 15 on the victim; 16 (B) the need of the victim for restitution; and 17 (C) any other information required by the court. 18 * Sec. 3. Rule 32.2(e), Alaska Rules of Criminal Procedure, is amended to read: 19 (e) Imposition of sentence. At the sentencing hearing, the judge shall impose 20 sentence and shall clearly state the precise terms of the sentence imposed, the reasons 21 for the selecting the particular sentence, and the purposes the sentence is intended to 22 serve. In stating the precise terms of the sentence imposed, the judge shall 23 identify the minimum term of incarceration imposed, if any, the term of 24 incarceration the defendant is expected to actually serve if the defendant is 25 eligible for and does not forfeit good conduct deductions under AS 33.20.010, and 26 the minimum term of incarceration, if any, the defendant must serve before 27 becoming eligible for release on discretionary parole. 28 * Sec. 4. The amendment of AS 12.55.025(a), made by sec. 2 of this Act, amends 29 Rule 32.2, Alaska Rules of Criminal Procedure, by adding requirements for sentencing reports. 30 * Sec. 5. This Act takes effect only if secs. 3 and 4 of this Act receive the two-thirds 31 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.