00Enrolled HB 296                                                                                                         
01 Relating to service of process on prisoners; relating to the crime of escape; deleting the repeal                       
02 of a provision relating to electronic monitoring as a special condition of probation and parole                         
03 for offenders whose offense was related to a criminal street gang; amending Rule 4, Alaska                              
04 Rules of Civil Procedure; and providing for an effective date.                                                          
05                           _______________                                                                               
06    * Section 1. AS 09.05.050 is amended by adding a new subsection to read:                                           
07            (c)  In this section, "correctional facility" has the meaning given in                                       
08       AS 33.30.901.                                                                                                   
09    * Sec. 2. AS 11.56.310(a) is amended to read:                                                                      
10            (a)  One commits the crime of escape in the second degree if, without lawful                                 
11       authority, one                                                                                                    
12                 (1)  removes oneself from                                                                               

01                      (A)  a secure correctional facility while under official detention                             
02            for a misdemeanor;                                                                                       
03                      (B)  official detention for a felony or for extradition; or                                        
04                      (C)  official detention and, during the escape or at any time                                      
05            before being restored to official detention, one possesses on or about oneself a                             
06            firearm;                                                                                                     
07                 (2)  violates AS 11.56.335 or 11.56.340 and, during the time of the                                     
08       unlawful evasion or at any time before being restored to official detention, one                                  
09       possesses on or about oneself a firearm; or                                                                       
10                 (3)  removes, tampers with, or disables the electronic monitoring                                       
11       equipment, or leaves one's residence or other place designated by the commissioner of                             
12       corrections for the service by electronic monitoring of official detention for a felony.                          
13    * Sec. 3. AS 11.56.310 is amended by adding a new subsection to read:                                              
14            (c)  In this section, "secure correctional facility" means a correctional facility                           
15       that                                                                                                              
16                 (1)  has construction fixtures or security features that are designed to                                
17       restrict the ability of a person under official detention from leaving the facility without                       
18       lawful authority; or                                                                                              
19                 (2)  has correctional officers or other persons authorized by the                                       
20       commissioner of corrections to prevent a person under official detention from leaving                             
21       without lawful authority.                                                                                         
22    * Sec. 4. Section 3, ch. 27, SLA 2007, is repealed.                                                                
23    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25       INDIRECT COURT RULE CHANGE. AS 09.05.050, including the amendment made                                            
26 by sec. 1 of this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure,                              
27 relating to service of process on prisoners committed to the custody of the commissioner of                             
28 corrections.                                                                                                            
29    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       APPLICABILITY. The changes made to the crime of escape in the second degree                                       

01 under AS 11.56.310(a), as amended by sec. 2 of this Act, and the definition of "secure                                  
02 correctional facility" in AS 11.56.310(c), added by sec. 3 of this Act, apply to offenses                               
03 occurring on or after the effective date of this Act.                                                                   
04    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).