SB 310: "An Act relating to prisoners, to correctional facilities, and to probation and parole."
00SENATE BILL NO. 310 01 "An Act relating to prisoners, to correctional facilities, and to probation and 02 parole." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.340(a) is amended to read: 05 (a) A person commits the crime of unlawful evasion if, while charged with or 06 convicted of a felony or a misdemeanor, 07 (1) the person fails to return to official detention within the time 08 authorized following temporary leave granted for a specific purpose or limited period, 09 including leave granted under AS 33.30.181; or 10 (2) while on furlough under AS 33.30.101 - 33.30.131 , 11 (A) the person fails to return to the place of confinement or 12 residence within the time authorized by those having direct supervision ; or 13 (B) and while away from the place of confinement or 14 residence, the person is at a place other than a place at which the person
01 is authorized to be by those having direct supervision . 02 * Sec. 2. AS 12.55.015(e) is amended to read: 03 (e) If the defendant is ordered to serve a definite term of imprisonment, the 04 court may recommend that the defendant serve all or part of the term in a community 05 residential [CORRECTIONAL RESTITUTION] center. 06 * Sec. 3. AS 12.55.085(c) is amended to read: 07 (c) If the court finds that a person released on probation for a felony or 08 class A misdemeanor is violating the conditions of probation, engaging in criminal 09 practices, or violating an order of the court to participate in or comply with the 10 treatment plan of a rehabilitation program under AS 12.55.015(a)(10), the court 11 may not continue the probation or again release the person on probation unless 12 the court requires at a minimum that the person be incarcerated in a community 13 residential center for at least 30 days. Upon the revocation and termination of the 14 probation, the court may pronounce sentence at any time within the maximum 15 probation period authorized by this section, subject to the limitation specified in 16 AS 12.55.086(c). 17 * Sec. 4. AS 12.55.086(a) is amended to read: 18 (a) When the imposition of sentence is suspended under AS 12.55.085, the 19 court may require, as a special condition of probation, that the defendant serve a 20 definite term of continuous or periodic imprisonment, not to exceed the maximum term 21 of imprisonment that could have been imposed. The court may recommend that the 22 defendant serve all or part of the term in a community residential [CORRECTIONAL 23 RESTITUTION] center. 24 * Sec. 5. AS 12.55 is amended by adding a new section to read: 25 Sec. 12.55.106. Violation of a condition of probation. If the court finds that 26 a person has violated a condition of probation imposed for a felony or class A 27 misdemeanor, the court may not continue the probation or again release the person on 28 probation unless the court requires at a minimum that the person be incarcerated in a 29 community residential center for at least 30 days. 30 * Sec. 6. AS 33.16.100 is amended by adding a new subsection to read: 31 (e) When granting discretionary parole, the board shall require a parolee to be
01 incarcerated in a community residential center for the lesser of six months or one-half 02 of the total estimated period of discretionary parole. 03 * Sec. 7. AS 33.16.220(i) is amended to read: 04 (i) If, after the final revocation hearing, the board finds that the parolee has 05 violated a condition of parole imposed under AS 33.16.150(b), or a law or ordinance, 06 the board may revoke all or a portion of the parole, or change any condition of parole. 07 At a minimum, the board shall require the parolee to be incarcerated for at least 08 30 days in a community residential center. 09 * Sec. 8. AS 33.20.050 is amended by adding a new subsection to read: 10 (b) Notwithstanding (a) of this section, the commissioner shall revoke the good 11 time of a prisoner who is returned to actual confinement for violating furlough 12 conditions under AS 33.30.141. 13 * Sec. 9. AS 33.30.011 is amended to read: 14 Sec. 33.30.011. Duties of commissioner. The commissioner shall 15 (1) establish, maintain, operate, and control correctional facilities 16 suitable for the custody, care, and discipline of persons charged or convicted of 17 offenses against the state or held under authority of state law; each correctional facility 18 operated by the state shall be established, maintained, operated, and controlled in a 19 manner that is consistent with AS 33.30.015; 20 (2) classify prisoners; 21 (3) for persons committed to the custody of the commissioner, establish 22 culturally relevant programs, including furlough programs that are reasonably 23 calculated to 24 (A) protect the public and the victims of crimes committed by 25 prisoners; 26 (B) maintain health; 27 (C) create or improve occupational skills; 28 (D) enhance educational qualifications; 29 (E) support court-ordered restitution; and 30 (F) otherwise provide for the rehabilitation and reformation of 31 prisoners, facilitating their reintegration into society;
01 (4) provide necessary 02 (A) medical services for prisoners in correctional facilities or 03 who are committed by a court to the custody of the commissioner, including 04 examinations for communicable and infectious diseases; 05 (B) psychological or psychiatric treatment if a physician or 06 other health care provider, exercising ordinary skill and care at the time of 07 observation, concludes that 08 (i) a prisoner exhibits symptoms of a serious disease or 09 injury that is curable or may be substantially alleviated; and 10 (ii) the potential for harm to the prisoner by reason of 11 delay or denial of care is substantial; 12 (5) establish minimum standards for sex offender treatment programs 13 offered to persons who are committed to the custody of the commissioner; [AND] 14 (6) provide for fingerprinting in correctional facilities in accordance 15 with AS 12.80.060 ; and 16 (7) annually compile and publish a report detailing the rate of 17 recidivism of prisoners that is separately compiled by crime, race, sex, and age . 18 * Sec. 10. AS 33.30.025 is repealed and reenacted to read: 19 Sec. 33.30.025. Siting of prison facilities. If the department plans to locate 20 or contract for the operation of a correctional facility, the commissioner shall notify 21 (1) each municipality the facility or proposed facility will be located within or within 22 one mile of, and (2) each community council, established by municipal charter or 23 ordinance, located within one mile of the facility or proposed facility. The department 24 may not locate or contract for the facility if the governing body of a municipality or 25 a community council entitled to notification under this section objects to the location. 26 * Sec. 11. AS 33.30.031(c) is repealed and reenacted to read: 27 (c) An agreement with a private agency to provide necessary facilities under 28 (a) of this section is subject to AS 36.30. 29 * Sec. 12. AS 33.30.061(b) is amended to read: 30 (b) The commissioner may designate an out-of-state facility under this section 31 only if
01 (1) the commissioner determines that rehabilitation or treatment of the 02 prisoner will not be substantially impaired ; and 03 (2) of the total number of prisoners transferred or identified for 04 transfer, the percentage of those prisoners being transferred or identified for 05 transfer who are members of a racial group does not exceed the percentage of 06 that racial group in the general population of the state . 07 * Sec. 13. AS 33.30.061 is amended by adding a new subsection to read: 08 (c) The operator of a private correctional facility may reject the designation 09 of a prisoner to that facility for an articulated public safety reason. The rejection must 10 be in writing. 11 * Sec. 14. AS 33.30.091 is amended to read: 12 Sec. 33.30.091. Designation of programs. Except as provided in 13 AS 33.30.111 and 33.30.161, the commissioner may assign a prisoner committed to 14 the commissioner's custody to a culturally relevant program established under 15 AS 33.30.011(3) considering 16 (1) safeguards to the public; 17 (2) the prospects for the prisoner's rehabilitation; 18 (3) the availability of program and facility space; 19 (4) the prospect of future judicial proceedings requiring the presence 20 of the prisoner; 21 (5) the nature and circumstances of the offense for which the prisoner 22 was sentenced; 23 (6) the needs of the prisoner as determined by a classification 24 committee and any recommendations made by the sentencing court; 25 (7) the record of convictions of the prisoner with particular emphasis 26 on crimes specified in AS 11.41; 27 (8) the use of drugs or alcohol by the prisoner; 28 (9) the length of the prisoner's sentence; and 29 (10) other criteria considered appropriate by the commissioner, 30 including experimental evaluation of correctional programs that are consistent with 31 protection of the public and reformation of the prisoner.
01 * Sec. 15. AS 33.30 is amended by adding a new section to read: 02 Sec. 33.30.095. Prerelease program. The commissioner shall individually 03 design for each prisoner serving a sentence for a felony offense a prerelease program 04 intended to facilitate the prisoner's reintegration into society. The program shall at a 05 minimum cover the six months of actual confinement before the prisoner's release 06 from prison. The program shall be individually designed for each prisoner and may 07 include programs, treatment, furloughs, community residential center placements, and 08 other methods as determined by the commissioner. A prisoner who refuses or fails to 09 successfully complete the program shall have the prisoner's good time revoked under 10 AS 33.20.050. 11 * Sec. 16. AS 33.30.111(b) is amended to read: 12 (b) A facility that is specifically adapted to provide a residence outside prison, 13 including a halfway house, group home, community residential center, or other 14 placement that provides varying levels of restriction and supervision, may be used for 15 a prisoner on a prerelease furlough so long as the facility meets the standards 16 established for community residential centers . 17 * Sec. 17. AS 33.30.131 (b) is amended to read: 18 (b) Unless alternative arrangements are expressly approved by the 19 commissioner, when a prisoner is employed outside a correctional facility as part of 20 a prerelease or short-duration furlough program [,] or as part of serving time in a 21 community residential [CORRECTIONAL RESTITUTION] center under 22 AS 33.30.151 - 33.30.181, the earnings of the prisoner shall be delivered to the 23 commissioner. If an employer transmits the earnings to the commissioner, the 24 employer has no liability to the prisoner for the earnings. The commissioner shall 25 disburse the earnings of the prisoner, in an order determined appropriate, under 26 procedures adopted by the commissioner to 27 (1) pay for the room, board, and personal expenses of the prisoner in 28 an amount or at a rate determined by the commissioner; 29 (2) pay any restitution or fine ordered by the sentencing court; 30 (3) reimburse the state for an award made for violent crimes 31 compensation under AS 18.67 arising out of the criminal conduct of the prisoner;
01 (4) pay a civil judgment arising out of the criminal conduct of the 02 prisoner; and 03 (5) support the dependents of the prisoner [,] and to provide child 04 support payments as required by AS 25.27. 05 * Sec. 18. AS 33.30.141(a) is amended to read: 06 (a) If, after a hearing, a prisoner on a furlough is found to have violated the 07 conditions established for the prisoner's conduct, the commissioner may immediately 08 require the return of the prisoner to actual confinement for a period not to exceed the 09 balance of the term of imprisonment or initiate disciplinary proceedings authorized by 10 regulations adopted by the commissioner or both. The commissioner shall revoke 11 under AS 33.20.050 the good time of a prisoner returned to actual confinement 12 under this subsection. 13 * Sec. 19. AS 33.30.151(a) is amended to read: 14 (a) The commissioner shall establish community residential 15 [CORRECTIONAL RESTITUTION] centers in the state. The purposes [PURPOSE] 16 of the centers are [IS] to provide certain offenders with rehabilitation through 17 community service and employment while protecting the community through partial 18 incarceration of the offender, to provide for the successful treatment of offenders 19 and the reintegration of offenders into society, and to create a means to provide 20 restitution to victims of crimes. 21 * Sec. 20. AS 33.30.161(a) is amended to read: 22 (a) The commissioner may not allow a prisoner to serve time in a community 23 residential [CORRECTIONAL RESTITUTION] center unless the commissioner 24 specifically finds that the prisoner meets the eligibility requirements of this section. 25 * Sec. 21. AS 33.30.161(b) is amended to read: 26 (b) To be eligible to serve time in a community residential 27 [CORRECTIONAL RESTITUTION] center, the prisoner 28 (1) must be employable or eligible to work on community service 29 projects approved by the commissioner and agree to secure employment or participate 30 in community service projects and obey the rules of the center; 31 (2) may not be serving a sentence for conviction of an offense
01 (A) involving violence or the use of force; 02 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 03 (3) may not have been convicted of a felony offense, in the state or 04 another jurisdiction, involving violence or the use of force; 05 (4) may not have been convicted of an offense under AS 11.41.410 - 06 11.41.470 or an offense in the state or another jurisdiction having elements 07 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 08 (5) may not have been sentenced to a 09 (A) mandatory 99-year term of imprisonment under 10 AS 12.55.125(a); or 11 (B) definite term of imprisonment under AS 12.55.125(l). 12 * Sec. 22. AS 33.30.161(c) is amended to read: 13 (c) Unless the commissioner determines otherwise for good cause shown, a 14 person sentenced to less than five days who is serving time in a community 15 residential [CORRECTIONAL RESTITUTION] center shall participate in a 16 community service project when available. 17 * Sec. 23. AS 33.30.171 is amended to read: 18 Sec. 33.30.171. Community advisory committees. The commissioner shall 19 appoint a community advisory committee for each center, to consist of five members 20 of the community in which the center is located. The committee shall act as a liaison 21 between the community and the department regarding community concerns with the 22 center. The commissioner shall adopt regulations governing the appointment of 23 persons to the committees to ensure that diverse community groups are 24 represented. 25 * Sec. 24. AS 33.30.181(a) is amended to read: 26 (a) A prisoner shall be confined to the center at all times except while 27 (1) at work and traveling to and from work; 28 (2) at and traveling to and from a community service project 29 [APPROVED BY THE COMMISSIONER]; 30 (3) on emergency absence; 31 (4) at and traveling to and from a job interview; or
01 (5) on a furlough approved by the commissioner. 02 * Sec. 25. AS 33.30.901(1) is amended to read: 03 (1) "center" means a community residential [CORRECTIONAL 04 RESTITUTION] center; 05 * Sec. 26. AS 33.30.901(4) is amended to read: 06 (4) "correctional facility" or "facility" means a prison, jail, camp, farm, 07 half-way house, group home, center, or other placement designated by the 08 commissioner for the custody, care, and discipline of prisoners; a "state correctional 09 facility" means a correctional facility owned or run by the state; 10 * Sec. 27. APPLICABILITY. (a) The changes made in secs. 3 and 5 of this Act 11 regarding revocation of probation under AS 12.55.085(c) and 12.55.106 apply to persons 12 convicted on or after the effective date of this Act. 13 (b) The change made in sec. 7 of this Act regarding revocation of parole under 14 AS 33.16.220(i) applies to persons serving a sentence for a conviction occurring on or after 15 the effective date of this Act. 16 (c) The changes made in secs. 8 and 18 of this Act regarding revocation of good time 17 under AS 33.20.050 and AS 33.30.141(a) apply to persons serving a sentence for a conviction 18 occurring on or after the effective date of this Act.