CSSB 67(JUD): "An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure."
00CS FOR SENATE BILL NO. 67(JUD) 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 12.55.015 is amended by adding a new subsection to read: 06 (h) Unless a defendant is ineligible for a deduction under AS 33.20, when a 07 defendant is sentenced to a term of imprisonment of two years or more, the sentence 08 consists of two parts: (1) a minimum term of imprisonment that is equal to not less 09 than two-thirds of the total term of imprisonment; and (2) a maximum term of 10 supervised release on mandatory parole that is equal to not more than one-third of the 11 total term of imprisonment; the amount of time that the inmate actually serves in 12 imprisonment and on supervised release is subject to the provisions of AS 33.20.010 - 13 33.20.060. 14 * Sec. 3. AS 12.55.025(a) is amended to read:
01 (a) When imposing a sentence for conviction of a felony offense or a sentence 02 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 03 regulation adopted under AS 04, or an ordinance adopted in conformity with 04 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 05 includes the following: 06 (1) a verbatim record of the sentencing hearing and any other in-court 07 sentencing procedures; 08 (2) findings on material issues of fact and on factual questions required 09 to be determined as a prerequisite to the selection of the sentence imposed; 10 (3) a clear statement of the terms of the sentence imposed; if a term 11 of imprisonment is imposed, the statement must include 12 (A) the approximate minimum term the defendant is 13 expected to serve before being released or placed on mandatory parole if 14 the defendant is eligible for and does not forfeit good conduct deductions 15 under AS 33.20.010; and 16 (B) if applicable, the approximate minimum term of 17 imprisonment the defendant must serve before becoming eligible for 18 release on discretionary parole; 19 (4) any recommendations as to the place of confinement or the manner 20 of treatment; and 21 (5) in the case of a conviction for a felony offense, information 22 assessing 23 (A) the financial, emotional, and medical effects of the offense 24 on the victim; 25 (B) the need of the victim for restitution; and 26 (C) any other information required by the court. 27 * Sec. 4. AS 12.55.025 is amended by adding a new subsection to read: 28 (j) The approximate minimum terms provided under (a)(3) of this section in 29 the sentencing report are for information purposes only. The approximate minimum 30 terms are not part of the sentence imposed and do not form a basis for review or 31 appeal of the sentence imposed or provide a defendant with a right to any specific term
01 of imprisonment or supervised release on mandatory parole. 02 * Sec. 5. Rule 32.2(e), Alaska Rules of Criminal Procedure, is amended to read: 03 (e) Imposition of Sentence. At the sentencing hearing, the judge shall impose 04 sentence and shall clearly state the precise terms of the sentence imposed, the reasons 05 for the selecting the particular sentence, and the purposes the sentence is intended to 06 serve. If a term of imprisonment is imposed, the judge shall, for information 07 purposes, identify the approximate term of imprisonment the defendant must 08 serve if the defendant is eligible for and does not forfeit good conduct deductions 09 under AS 33.20.010, and if applicable, the approximate minimum term of 10 imprisonment the defendant must serve before becoming eligible for release on 11 discretionary parole. The approximate terms of imprisonment provided for 12 information purposes are not part of the sentence imposed and do not form a 13 basis for review or appeal of the sentence imposed. 14 * Sec. 6. The amendments of AS 12.55.025, made by secs. 3 - 4 of this Act, amend 15 Rule 32.2, Alaska Rules of Criminal Procedure, by adding requirements for sentencing reports. 16 * Sec. 7. This Act takes effect only if secs. 5 and 6 of this Act receive the two-thirds 17 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.