HB 373: "An Act relating to conditions of release and probation in criminal cases; relating to ignition interlock devices in cases involving driving under the influence and refusal to submit to a chemical test; relating to limited drivers' licenses; requiring the commissioner of health and social services to establish programs for persons with conditions of release, with conditions of probation, and with certain limited licenses that require testing for controlled substances and alcoholic beverages; and providing for an effective date."
00 HOUSE BILL NO. 373 01 "An Act relating to conditions of release and probation in criminal cases; relating to 02 ignition interlock devices in cases involving driving under the influence and refusal to 03 submit to a chemical test; relating to limited drivers' licenses; requiring the 04 commissioner of health and social services to establish programs for persons with 05 conditions of release, with conditions of probation, and with certain limited licenses that 06 require testing for controlled substances and alcoholic beverages; and providing for an 07 effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 12.30.011(b) is amended to read: 10 (b) If a judicial officer determines that the release under (a) of this section will 11 not reasonably assure the appearance of the person or will pose a danger to the victim, 12 other persons, or the community, the officer shall impose the least restrictive condition 13 or conditions that will reasonably assure the person's appearance and protect the
01 victim, other persons, and the community. In addition to conditions under (a) of this 02 section, the judicial officer may, singly or in combination, 03 (1) require the execution of an appearance bond in a specified amount 04 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 05 of the amount of the bond; 06 (2) require the execution of a bail bond with sufficient solvent sureties 07 or the deposit of cash; 08 (3) require the execution of a performance bond in a specified amount 09 of cash to be deposited in the registry of the court; 10 (4) place restrictions on the person's travel, association, or residence; 11 (5) order the person to refrain from possessing a deadly weapon on the 12 person or in the person's vehicle or residence; 13 (6) require the person to maintain employment or, if unemployed, 14 actively seek employment; 15 (7) require the person to notify the person's lawyer and the prosecuting 16 authority within two business days after any change in employment; 17 (8) require the person to avoid all contact with a victim, a potential 18 witness, or a codefendant; 19 (9) require the person to refrain from the consumption and possession 20 of alcoholic beverages; 21 (10) require the person to refrain from the use of a controlled substance 22 as defined by AS 11.71, unless prescribed by a licensed health care provider with 23 prescriptive authority; 24 (11) require the person to be physically inside the person's residence, 25 or in the residence of the person's third-party custodian, at time periods set by the 26 court; 27 (12) require the person to keep regular contact with a law enforcement 28 officer or agency; 29 (13) order the person to refrain from entering or remaining in premises 30 licensed under AS 04; 31 (14) place the person in the custody of an individual who agrees to
01 serve as a third-party custodian of the person as provided in AS 12.30.021; 02 (15) if the person is under the treatment of a licensed health care 03 provider, order the person to follow the provider's treatment recommendations; 04 (16) order the person to take medication that has been prescribed for 05 the person by a licensed health care provider with prescriptive authority; 06 (17) order the person to comply with any other condition that is 07 reasonably necessary to assure the appearance of the person and to assure the safety of 08 the victim, other persons, and the community; 09 (18) require the person to comply with a program established 10 under AS 47.38.020 if the person has been charged with an alcohol-related or 11 substance abuse-related offense that is an unclassified felony, a class A felony, a 12 sexual felony, or a crime involving domestic violence. 13 * Sec. 2. AS 12.30.016(b) is amended to read: 14 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 15 AS 28.35.030, or 28.35.032, a judicial officer may order the person 16 (1) to refrain from 17 (A) consuming alcoholic beverages; or 18 (B) possessing on the person, in the person's residence, or in 19 any vehicle or other property over which the person has control, alcoholic 20 beverages; 21 (2) to submit to a search without a warrant of the person, the person's 22 personal property, the person's residence, or any vehicle or other property over which 23 the person has control, for the presence of alcoholic beverages by a peace officer who 24 has reasonable suspicion that the person is violating the conditions of the person's 25 release by possessing alcoholic beverages; 26 (3) to submit to a breath test when requested by a law enforcement 27 officer; 28 (4) to provide a sample for a urinalysis or blood test when requested by 29 a law enforcement officer; 30 (5) to take a drug or combination of drugs intended to prevent 31 substance abuse;
01 (6) to follow any treatment plan imposed by the court under 02 AS 28.35.028; 03 (7) to comply with a program established under AS 47.38.020. 04 * Sec. 3. AS 12.30.016(c) is amended to read: 05 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 06 officer may order the person 07 (1) to refrain from 08 (A) consuming a controlled substance; or 09 (B) possessing on the person, in the person's residence, or in 10 any vehicle or other property over which the person has control, a controlled 11 substance or drug paraphernalia; 12 (2) to submit to a search without a warrant of the person, the person's 13 personal property, the person's residence, or any vehicle or other property over which 14 the person has control, for the presence of a controlled substance or drug paraphernalia 15 by a peace officer who has reasonable suspicion that the person is violating the terms 16 of the person's release by possessing controlled substances or drug paraphernalia; 17 (3) to enroll in a random drug testing program, at the person's expense, 18 to detect the presence of a controlled substance, with testing to occur not less than 19 once a week, and with the results being submitted to the court and the prosecuting 20 authority; 21 (4) to refrain from entering or remaining in a place where a controlled 22 substance is being used, manufactured, grown, or distributed; 23 (5) to refrain from being physically present at, within a two-block area 24 of, or within a designated area near, the location where the alleged offense occurred or 25 at other designated places, unless the person actually resides within that area; or 26 (6) to refrain from the use or possession of an inhalant; 27 (7) to comply with a program established under AS 47.38.020. 28 * Sec. 4. AS 12.55.100(a) is amended to read: 29 (a) While on probation and among the conditions of probation, the defendant 30 may be required 31 (1) to pay a fine in one or several sums;
01 (2) to make restitution or reparation to aggrieved parties for actual 02 damages or loss caused by the crime for which conviction was had, including 03 compensation to a victim that is a nonprofit organization for the value of labor or 04 goods provided by volunteers if the labor or goods were necessary to alleviate or 05 mitigate the effects of the defendant's crime; 06 (3) to provide for the support of any persons for whose support the 07 defendant is legally responsible; 08 (4) to perform community work in accordance with AS 12.55.055; 09 (5) to participate in or comply with the treatment plan of an inpatient 10 or outpatient rehabilitation program specified by either the court or the defendant's 11 probation officer that is related to the defendant's offense or to the defendant's 12 rehabilitation; and 13 (6) to satisfy the screening, evaluation, referral, and program 14 requirements of an agency authorized by the court to make referrals for rehabilitative 15 treatment or to provide rehabilitative treatment; 16 (7) to comply with a program established under AS 47.38.020. 17 * Sec. 5. AS 28.15.201(d) is amended to read: 18 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 19 a license under AS 28.15.181(c), or the department when revoking a driver's license, 20 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 21 limited license privileges if 22 (1) the revocation was for a misdemeanor conviction under 23 AS 28.35.030 or a similar municipal ordinance and not for a violation of 24 AS 28.35.032; 25 (2) the person 26 (A) has not been previously convicted and the limited license is 27 not granted during the first 30 days of the period of revocation; or 28 (B) has been previously convicted and the limited license is not 29 granted during the first 90 days of the period of revocation; 30 (3) the court or department requires that the person either 31 (A) [TO] use an ignition interlock device during the period of
01 the limited license whenever the person operates a motor vehicle in a 02 community not included in the list published by the department under 03 AS 28.22.011(b) and, when applicable, [(A)] the person provides proof of 04 installation of the ignition interlock device on every vehicle the person 05 operates; or 06 (B) submit to daily testing as required under AS 47.38.020 07 in place of the use of the ignition interlock device; use of daily testing in 08 place of an ignition interlock device under this subparagraph is 09 conditioned upon the person's not violating the requirements of the 10 program established in AS 47.38.020; if the person violates those 11 requirements, the court or the department shall reimpose the requirement 12 of the use of an ignition interlock device as required by subparagraph (A) 13 [THE PERSON SIGNS AN AFFIDAVIT ACKNOWLEDGING THAT 14 (i) OPERATION BY THE PERSON OF A VEHICLE 15 THAT IS NOT EQUIPPED WITH AN IGNITION INTERLOCK 16 DEVICE IS SUBJECT TO PENALTIES FOR DRIVING WITH A 17 REVOKED LICENSE; 18 (ii) CIRCUMVENTING OR TAMPERING WITH 19 THE IGNITION INTERLOCK DEVICE IS A CLASS A 20 MISDEMEANOR; AND 21 (iii) THE PERSON IS REQUIRED TO MAINTAIN 22 THE IGNITION INTERLOCK DEVICE THROUGHOUT THE 23 PERIOD OF THE LIMITED LICENSE, TO KEEP UP-TO-DATE 24 RECORDS IN EACH VEHICLE SHOWING THAT ANY 25 REQUIRED SERVICE AND CALIBRATION IS CURRENT, AND 26 TO PRODUCE THOSE RECORDS IMMEDIATELY ON 27 REQUEST]; 28 (4) the person is enrolled in and is in compliance with or has 29 successfully completed the alcoholism screening, evaluation, referral, and program 30 requirements of the Department of Health and Social Services under AS 28.35.030(h); 31 (5) the person provides proof of insurance as required by AS 28.20.230
01 and 28.20.240; and 02 (6) the person has not previously been convicted of violating the 03 limitations of an ignition interlock limited license or been convicted of violating the 04 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 05 sections. 06 * Sec. 6. AS 28.15.201 is amended by adding a new subsection to read: 07 (g) A person granted a limited license and required to use an ignition interlock 08 device under (d)(3)(A) of this section shall sign an affidavit acknowledging that 09 (1) operation by the person of a vehicle that is not equipped with an 10 ignition interlock device is subject to penalties for driving with a revoked license; 11 (2) circumventing or tampering with the ignition interlock device is a 12 class A misdemeanor; and 13 (3) the person is required to maintain the ignition interlock device 14 throughout the period of the limited license, to keep up-to-date records in each vehicle 15 showing that any required service and calibration is current, and to produce those 16 records immediately on request; 17 * Sec. 7. AS 28.35.030(b) is amended to read: 18 (b) Except as provided under (n) of this section, driving while under the 19 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 20 misdemeanor. Upon conviction, 21 (1) the court shall impose a minimum sentence of imprisonment of 22 (A) not less than 72 consecutive hours, require the person to 23 use an ignition interlock device after the person regains the privilege [, 24 INCLUDING ANY LIMITED PRIVILEGE,] to operate a motor vehicle for a 25 minimum of six months, and impose a fine of not less than $1,500 if the person 26 has not been previously convicted; 27 (B) not less than 20 days, require the person to use an ignition 28 interlock device after the person regains the privilege [, INCLUDING ANY 29 LIMITED PRIVILEGE,] to operate a motor vehicle for a minimum of 12 30 months, and impose a fine of not less than $3,000 if the person has been 31 previously convicted once;
01 (C) not less than 60 days, require the person to use an ignition 02 interlock device after the person regains the privilege [, INCLUDING ANY 03 LIMITED PRIVILEGE,] to operate a motor vehicle for a minimum of 18 04 months, and impose a fine of not less than $4,000 if the person has been 05 previously convicted twice and is not subject to punishment under (n) of this 06 section; 07 (D) not less than 120 days, require the person to use an ignition 08 interlock device after the person regains the privilege [, INCLUDING ANY 09 LIMITED PRIVILEGE,] to operate a motor vehicle for a minimum of 24 10 months, and impose a fine of not less than $5,000 if the person has been 11 previously convicted three times and is not subject to punishment under (n) of 12 this section; 13 (E) not less than 240 days, require the person to use an ignition 14 interlock device after the person regains the privilege [, INCLUDING ANY 15 LIMITED PRIVILEGE,] to operate a motor vehicle for a minimum of 30 16 months, and impose a fine of not less than $6,000 if the person has been 17 previously convicted four times and is not subject to punishment under (n) of 18 this section; 19 (F) not less than 360 days, require the person to use an ignition 20 interlock device after the person regains the privilege [, INCLUDING ANY 21 LIMITED PRIVILEGE,] to operate a motor vehicle for a minimum of 36 22 months, and impose a fine of not less than $7,000 if the person has been 23 previously convicted more than four times and is not subject to punishment 24 under (n) of this section; 25 (2) the court may not 26 (A) suspend execution of sentence or grant probation except on 27 condition that the person 28 (i) serve the minimum imprisonment under (1) of this 29 subsection; 30 (ii) pay the minimum fine required under (1) of this 31 subsection;
01 (B) suspend imposition of sentence; or 02 (C) suspend the requirement for an ignition interlock device for 03 a violation of (a)(1) of this section involving an alcoholic beverage or 04 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 05 section; 06 (3) the court shall revoke the person's driver's license, privilege to 07 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 08 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 09 forfeited under AS 28.35.036; and 10 (4) the court may order that the person, while incarcerated or as a 11 condition of probation or parole, take a drug or combination of drugs intended to 12 prevent the consumption of an alcoholic beverage; a condition of probation or parole 13 imposed under this paragraph is in addition to any other condition authorized under 14 another provision of law. 15 * Sec. 8. AS 28.35.030(t) is amended to read: 16 (t) Notwithstanding (b) or (n) of this section, the court 17 (1) shall waive the requirement of the use of an ignition interlock 18 device when a person operates a motor vehicle in a community included on the list 19 published by the department under AS 28.22.011(b); 20 (2) may waive the requirement of the use of an ignition interlock 21 device when the person regains the privilege to operate a motor vehicle if the 22 court requires that a person convicted under this section submit to daily testing 23 as required under AS 47.38.020 in place of the use of the ignition interlock 24 device; use of daily testing in place of an ignition interlock device under this 25 subsection is conditioned upon the person's not violating the requirements of the 26 program established in AS 47.38.020; if the person violates those requirements, 27 the court shall reimpose the requirement of the use of an ignition interlock device 28 as required by (b) or (n) of this section. 29 * Sec. 9. AS 28.35.032(t) is amended to read: 30 (t) Notwithstanding (g) or (p) of this section, the court 31 (1) shall waive the requirement of the use of an ignition interlock
01 device when a person operates a motor vehicle in a community included on the list 02 published by the department under AS 28.22.011(b); 03 (2) may waive the requirement of the use of an ignition interlock 04 device when the person regains the privilege to operate a motor vehicle if the 05 court requires that a person convicted under this section submit to daily testing 06 as required under AS 47.38.020 in place of the use of the ignition interlock 07 device; use of daily testing in place of an ignition interlock device under this 08 subsection is conditioned upon the person's not violating the requirements of the 09 program established in AS 47.38.020; if the person violates those requirements, 10 the court or the department shall reimpose the requirement of the use of an 11 ignition interlock device as required by (g) or (p) of this section. 12 * Sec. 10. AS 47 is amended by adding a new chapter to read: 13 Chapter 38. Alcohol and Substance Abuse Accountability 14 Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released 15 on Bail or on Probation. 16 Sec. 47.38.010. Cooperation with the Department of Corrections. The 17 department shall cooperate with the Department of Corrections in establishing and 18 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 19 abusers, and inhalant abusers who are on conditions of release as provided in 20 AS 12.30 or on probation. 21 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 22 commissioner, in cooperation with the commissioner of corrections, shall establish a 23 program for certain persons with release conditions ordered as provided under 24 AS 12.30, offenders with conditions of probation that include not consuming 25 controlled substances or alcoholic beverages, persons required to participate in the 26 program as a condition of receiving limited licenses under AS 28.15.201(d), and 27 persons required to participate in the program in place of using an interlock device as 28 provided in AS 28.35.030(t)(2) and 28.35.032(t)(2). 29 (b) The commissioner shall adopt regulations to implement the program. 30 (c) The commissioner shall include in the program 31 (1) a requirement for twice-a-day testing, in person if practicable, for
01 alcoholic beverage use and random testing for controlled substances; 02 (2) a means to provide the probation officer, prosecutor's office, 03 Department of Administration, or local law enforcement agency with notice within 24 04 hours, so that a complaint may be filed alleging a violation of AS 11.56.757, a petition 05 may be filed with the court seeking appropriate sanctions and may be scheduled by the 06 court for a prompt hearing, a requirement to use an ignition interlock device may be 07 reimposed by the court or the Department of Administration, or an arrest warrant may 08 be issued for the person on release or offender with conditions of probation provided 09 in this subsection, if the person or offender 10 (A) fails to appear for an appointment as required by the 11 program requirements; or 12 (B) tests positive for the use of controlled substances or 13 alcoholic beverages; and 14 (3) a requirement that the person or offender pay, based on the person's 15 or offender's ability under financial guidelines established by the commissioner, for 16 the cost of participating in the program. 17 (d) The department shall provide or conduct the testing required under (c) of 18 this section. 19 Article 2. General Provisions. 20 Sec. 47.38.199. Definitions. In this chapter, 21 (1) "commissioner" means the commissioner of health and social 22 services; 23 (2) "department" means the Department of Health and Social Services. 24 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) AS 12.30.011(b), as amended by sec. 1 of this Act, 27 AS 12.30.016(b), as amended by sec. 2 of this Act, AS 12.30.016(c), as amended by sec. 3 of 28 this Act, AS 28.15.201(d), as amended by sec. 5 of this Act, AS 28.15.201(g), added by sec. 6 29 of this Act, AS 28.35.030(b), as amended by sec. 7 of this Act, AS 28.35.030(t), as amended 30 by sec. 8 of this Act, and AS 28.35.032(t), as amended by sec. 9 of this Act, apply to offenses 31 occurring on or after the effective dates of this Act.
01 (b) The changes made to AS 12.55.100(a), as amended by sec. 4 of this Act, and 02 AS 47.38, enacted by sec. 10 of this Act, apply to offenses occurring before, on, or after the 03 effective date of this Act. 04 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISIONS: REGULATIONS. (a) The Department of Health 07 and Social Services may adopt regulations necessary to implement AS 47.38.010 - 47.38.199, 08 added by sec. 10 of this Act. 09 (b) The regulations adopted under (a) of this section take effect under AS 44.62 10 (Administrative Procedure Act), but not before July 1, 2014. 11 * Sec. 13. This Act takes effect July 1, 2014.