HB 296: "An Act relating to service of process on prisoners; relating to the crime of escape; relating to the definition of 'correctional facility'; amending Rule 4, Alaska Rules of Civil Procedure; and providing for an effective date."
00 HOUSE BILL NO. 296 01 "An Act relating to service of process on prisoners; relating to the crime of escape; 02 relating to the definition of 'correctional facility'; amending Rule 4, Alaska Rules of 03 Civil Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.05.050 is amended by adding a new subsection to read: 06 (c) In this section, "correctional facility" has the meaning given in 07 AS 33.30.901. 08 * Sec. 2. AS 11.56.310(a) is amended to read: 09 (a) One commits the crime of escape in the second degree if, without lawful 10 authority, one 11 (1) removes oneself from 12 (A) a secure correctional facility while under official detention 13 for a misdemeanor; 14 (B) official detention for a felony or for extradition; or
01 (C) official detention and, during the escape or at any time 02 before being restored to official detention, one possesses on or about oneself a 03 firearm; 04 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the 05 unlawful evasion or at any time before being restored to official detention, one 06 possesses on or about oneself a firearm; or 07 (3) removes, tampers with, or disables the electronic monitoring 08 equipment, or leaves one's residence or other place designated by the commissioner of 09 corrections for the service by electronic monitoring of official detention for a felony. 10 * Sec. 3. AS 11.56.310 is amended by adding a new subsection to read: 11 (c) In this section, "secure correctional facility" means a correctional facility 12 that 13 (1) uses construction fixtures or other restraints designed to restrict 14 physically the physical movements and activities of persons under official detention; 15 or 16 (2) employs correctional officers or other facility staff charged with 17 preventing persons under official detention from departing the facility without lawful 18 authorization. 19 * Sec. 4. AS 11.81.900(b)(9) is amended to read: 20 (9) "correctional facility" means a prison, jail, camp, farm, halfway 21 house, group home, holding facility, or other placement [PREMISES, OR A 22 PORTION OF PREMISES,] used for housing [THE CONFINEMENT OF] persons 23 under official detention; 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INDIRECT COURT RULE CHANGE. AS 09.05.050, including the amendment made 27 by sec. 1 of this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, 28 relating to service of process on prisoners committed to the custody of the commissioner of 29 corrections. 30 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. The changes made to the crime of escape in the second degree 02 under AS 11.56.310(a), as amended by sec. 2 of this Act, the definition of "secure correctional 03 facility" in AS 11.56.310(c), added by sec. 3 of this Act, and the definition of "correctional 04 facility" in AS 11.81.900(b)(9), as amended by sec. 4 of this Act, apply to offenses occurring 05 on or after the effective date of this Act. 06 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).