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CSSB 1(JUD): "An Act conditioning the award of good time and release on mandatory parole on the attainment of certain minimum educational standards for prisoners serving certain sentences."

00CS FOR SENATE BILL NO. 1(JUD) 01 "An Act conditioning the award of good time and release on mandatory parole 02 on the attainment of certain minimum educational standards for prisoners serving 03 certain sentences." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 33.16.010(a) is repealed and reenacted to read: 06  (a) A prisoner is eligible for mandatory parole if the prisoner 07  (1) is serving a term or terms of two years or more; and 08  (2) either 09  (A) has attained a high school diploma, a general education 10 development diploma, or the equivalent before being incarcerated or while 11 incarcerated if the program was made available to the prisoner by the 12 department; 13  (B) is incapable of obtaining a diploma or its equivalent; or 14  (C) does not speak English as the prisoner's primary language

01 and, due to the prisoner's age and social background, the commissioner 02 determines that the prisoner cannot reasonably be expected to meet an 03 educational requirement. 04 * Sec. 2. AS 33.16.010(c) is amended to read: 05  (c) A prisoner who is not eligible for discretionary parole, or who is not 06 released on discretionary parole, shall be released on mandatory parole for the term of 07 good time deductions credited under AS 33.20 [,] if the prisoner is eligible under (a) 08 of this section [TERM OR TERMS OF IMPRISONMENT ARE TWO YEARS OR 09 MORE]. 10 * Sec. 3. AS 33.20.010(a) is amended to read: 11  (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 12 convicted of an offense against the state or a political subdivision of the state and 13 sentenced to a term or terms of imprisonment 14  (1) of two years or more [THAT EXCEEDS THREE DAYS] is 15 entitled to a deduction of one-third of the term or terms of imprisonment rounded off 16 to the nearest day if the prisoner follows the rules of the correctional facility in which 17 the prisoner is confined and the prisoner either 18  (A) attains or has attained a high school diploma, a general 19 education development diploma, or an equivalent diploma before being 20 incarcerated or while incarcerated if the program is made available to the 21 prisoner; 22  (B) is incapable of attaining a diploma or its equivalent; or 23  (C) does not speak English as the prisoner's primary 24 language and, due to the prisoner's age and social background, the 25 commissioner determines that the prisoner cannot reasonably be expected 26 to meet an educational requirement; 27  (2) that exceed three days but less than two years is entitled to a 28 deduction of one-third of the term or terms of imprisonment rounded off to the 29 nearest day if the prisoner follows the rules of the correctional facility in which 30 the prisoner is confined . [A PRISONER IS NOT ELIGIBLE FOR A GOOD TIME 31 DEDUCTION IF THE PRISONER HAS BEEN SENTENCED TO A

01  (1) MANDATORY 99-YEAR TERM OF IMPRISONMENT UNDER 02 AS 12.55.125(a) AFTER JUNE 27, 1996; OR 03  (2) DEFINITE TERM UNDER AS 12.55.125(l)]. 04 * Sec. 4. AS 33.20.010 is amended by adding a new subsection to read: 05  (c) A prisoner is not eligible for a good time deduction if the prisoner has been 06 sentenced to a 07  (1) mandatory 99-year term of imprisonment under AS 12.55.125(a) 08 after June 27, 1996; or 09  (2) definite term under AS 12.55.125(l). 10 * Sec. 5. The changes made to AS 33.16.010 and AS 33.20.010 by this Act apply to 11 persons convicted of crimes committed on or after the effective date of this Act.