HCS CSSB 64(JUD): "An Act relating to theft and property offenses; relating to the definition of 'prior convictions' for certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an expiration date; relating to electronic monitoring for certain persons convicted of driving while under the influence; allowing a reduction of penalties for offenders successfully completing court-ordered treatment programs for persons convicted of driving while under the influence; relating to termination of a revocation of a person's driver's license; relating to limitation of drivers' licenses; relating to restoration of a driver's license; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to a mitigating factor for a person suffering from combat-related post-traumatic stress disorder or combat-related traumatic brain injury; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Health and Social Services; requiring the commissioner of health and social services to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; relating to the duties of the Department of Health and Social Services; relating to the confidentiality of certain records of criminal cases; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 64(JUD) 01 "An Act relating to theft and property offenses; relating to the definition of 'prior 02 convictions' for certain theft offenses; establishing the Alaska Criminal Justice 03 Commission and providing an expiration date; relating to electronic monitoring for 04 certain persons convicted of driving while under the influence; allowing a reduction of 05 penalties for offenders successfully completing court-ordered treatment programs for 06 persons convicted of driving while under the influence; relating to termination of a 07 revocation of a person's driver's license; relating to limitation of drivers' licenses; 08 relating to restoration of a driver's license; relating to the crime of custodial 09 interference; relating to the duties of the Alaska Judicial Council; relating to jail-time 10 credit for offenders in court-ordered treatment programs; relating to conditions of 11 release, probation, and parole; relating to a mitigating factor for a person suffering from 12 combat-related post-traumatic stress disorder or combat-related traumatic brain
01 injury; relating to duties of the commissioner of corrections and board of parole; 02 establishing a fund for reducing recidivism in the Department of Health and Social 03 Services; requiring the commissioner of health and social services to establish programs 04 for persons on conditions of release or probation that require testing for controlled 05 substances and alcoholic beverages; requiring the board of parole to establish programs 06 for persons on parole that require testing for controlled substances and alcoholic 07 beverages; relating to the duties of the Department of Health and Social Services; 08 relating to the confidentiality of certain records of criminal cases; and providing for an 09 effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 LEGISLATIVE INTENT FOR SEC. 28 OF THIS ACT. It is the intent of the 14 legislature in sec. 28 of this Act that, to the extent practicable, the Alaska Court System hold 15 confidential records of criminal cases that were disposed of before the effective date of sec. 16 28 of this Act by acquittal of all charges, by dismissal of all charges, or by acquittal of some 17 charges and dismissal of the remaining charges, to the same extent that records are held 18 confidential under AS 22.35.030, enacted by sec. 28 of this Act. 19 * Sec. 2. AS 11.41.320(a) is amended to read: 20 (a) A person commits the crime of custodial interference in the first degree if 21 the person violates AS 11.41.330(a)(1) [AS 11.41.330] and causes the child or 22 incompetent person to be 23 (1) removed from the state; or 24 (2) kept outside the state. 25 * Sec. 3. AS 11.41.330(a) is amended to read: 26 (a) A person commits the crime of custodial interference in the second degree 27 if 28 (1) [,] being a relative of a child under 18 years of age or a relative of
01 an incompetent person and knowing that the person has no legal right to do so, the 02 person takes, entices, or keeps that child or incompetent person from a lawful 03 custodian with intent to hold the child or incompetent person for a protracted period; 04 or 05 (2) not being a relative of a child under 18 years of age or a 06 relative of an incompetent person, knowing that the person has no right to do so 07 and with the intent to take or keep the child or incompetent person, the person 08 represents to the lawful custodian that the person has a right to take or keep the 09 child or incompetent person. 10 * Sec. 4. AS 11.41.330(b) is amended to read: 11 (b) The affirmative defense of necessity under AS 11.81.320 does not apply to 12 a prosecution for custodial interference under (a)(1) [(a)] of this section if the 13 protracted period for which the person held the child or incompetent person exceeded 14 the shorter of the following: 15 (1) 24 hours; or 16 (2) the time necessary to report to a peace officer or social service 17 agency that the child or incompetent person has been abused, neglected, or is in 18 imminent physical danger. 19 * Sec. 5. AS 11.46.130(a) is amended to read: 20 (a) A person commits the crime of theft in the second degree if the person 21 commits theft as defined in AS 11.46.100 and 22 (1) the value of the property or services is $750 [$500] or more but less 23 than $25,000; 24 (2) the property is a firearm or explosive; 25 (3) the property is taken from the person of another; 26 (4) the property is taken from a vessel and is vessel safety or survival 27 equipment; 28 (5) the property is taken from an aircraft and the property is aircraft 29 safety or survival equipment; 30 (6) the value of the property is $250 [$50] or more but less than $750 31 [$500] and, within the preceding five years, the person has been convicted and
01 sentenced on two or more separate occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; or 10 (7) the property is an access device. 11 * Sec. 6. AS 11.46.140(a) is amended to read: 12 (a) A person commits the crime of theft in the third degree if the person 13 commits theft as defined in AS 11.46.100 and 14 (1) the value of the property or services is $250 [$50] or more but less 15 than $750 [$500]; or 16 (2) [REPEALED] 17 (3) the value of the property is less than $250 [$50] and, within the 18 past five years, the person has been convicted and sentenced on two or more separate 19 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 20 offense under another law or ordinance with similar elements. 21 * Sec. 7. AS 11.46.150(a) is amended to read: 22 (a) A person commits the crime of theft in the fourth degree if the person 23 commits theft as defined in AS 11.46.100 and the value of the property or services is 24 less than $250 [$50]. 25 * Sec. 8. AS 11.46.220(c) is amended to read: 26 (c) Concealment of merchandise is 27 (1) a class C felony if 28 (A) the merchandise is a firearm; 29 (B) the value of the merchandise is $750 [$500] or more; or 30 (C) the value of the merchandise is $250 [$50] or more but less 31 than $750 [$500] and, within the preceding five years, the person has been
01 convicted and sentenced on two or more separate occasions in this or another 02 jurisdiction of 03 (i) the offense of concealment of merchandise under 04 this paragraph or (2)(A) of this subsection, or an offense under another 05 law or ordinance with similar elements; or 06 (ii) an offense under AS 11.46.120, 11.46.130, or 07 11.46.140(a)(1), or an offense under another law or ordinance with 08 similar elements; 09 (2) a class A misdemeanor if 10 (A) the value of the merchandise is $250 [$50] or more but less 11 than $750 [$500]; or 12 (B) the value of the merchandise is less than $250 [$50] and, 13 within the preceding five years, the person has been convicted and sentenced 14 on two or more separate occasions of the offense of concealment of 15 merchandise or theft in any degree, or an offense under another law or 16 ordinance with similar elements; 17 (3) a class B misdemeanor if the value of the merchandise is less than 18 $250 [$50]. 19 * Sec. 9. AS 11.46.260(b) is amended to read: 20 (b) Removal of identification marks is 21 (1) a class C felony if the value of the property on which the serial 22 number or identification mark appeared is $750 [$500] or more; 23 (2) a class A misdemeanor if the value of the property on which the 24 serial number or identification mark appeared is $250 [$50] or more but less than $750 25 [$500]; 26 (3) a class B misdemeanor if the value of the property on which the 27 serial number or identification mark appeared is less than $250 [$50]. 28 * Sec. 10. AS 11.46.270(b) is amended to read: 29 (b) Unlawful possession is 30 (1) a class C felony if the value of the property on which the serial 31 number or identification mark appeared is $750 [$500] or more;
01 (2) a class A misdemeanor if the value of the property on which the 02 serial number or identification mark appeared is $250 [$50] or more but less than $750 03 [$500]; 04 (3) a class B misdemeanor if the value of the property on which the 05 serial number or identification mark appeared is less than $250 [$50]. 06 * Sec. 11. AS 11.46.280(d) is amended to read: 07 (d) Issuing a bad check is 08 (1) a class B felony if the face amount of the check is $25,000 or more; 09 (2) a class C felony if the face amount of the check is $750 [$500] or 10 more but less than $25,000; 11 (3) a class A misdemeanor if the face amount of the check is $250 12 [$50] or more but less than $750 [$500]; 13 (4) a class B misdemeanor if the face amount of the check is less than 14 $250 [$50]. 15 * Sec. 12. AS 11.46.285(b) is amended to read: 16 (b) Fraudulent use of an access device is 17 (1) a class B felony if the value of the property or services obtained is 18 $25,000 or more; 19 (2) a class C felony if the value of the property or services obtained is 20 $750 [$50] or more but less than $25,000; 21 (3) a class A misdemeanor if the value of the property or services 22 obtained is less than $750 [$50]. 23 * Sec. 13. AS 11.46.295 is amended to read: 24 Sec. 11.46.295. Prior convictions. For purposes of considering prior 25 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 26 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 27 AS 11.46.220(c), 28 (1) a conviction for an offense under another law or ordinance with 29 similar elements is a conviction of an offense having elements similar to those of an 30 offense defined as such under Alaska law at the time the offense was committed; 31 (2) a conviction for an offense under Alaska law where the value of
01 the property or services for the offense was lower than the value of property or 02 services for the offense under current Alaska law, is a prior conviction for that 03 offense; and 04 (3) the [. THE] court shall consider the date of a prior conviction as 05 occurring on the date that sentence is imposed for the prior offense. 06 * Sec. 14. AS 11.46.360(a) is amended to read: 07 (a) A person commits the crime of vehicle theft in the first degree if, having 08 no right to do so or any reasonable ground to believe the person has such a right, the 09 person drives, tows away, or takes 10 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 11 of another; 12 (2) the propelled vehicle of another and 13 (A) the vehicle or any other property of another is damaged in a 14 total amount of $750 [$500] or more; 15 (B) the owner incurs reasonable expenses as a result of the loss 16 of use of the vehicle, in a total amount of $750 [$500] or more; or 17 (C) the owner is deprived of the use of the vehicle for seven 18 days or more; 19 (3) the propelled vehicle of another and the vehicle is marked as a 20 police or emergency vehicle; or 21 (4) the propelled vehicle of another and, within the preceding seven 22 years, the person was convicted under 23 (A) this section or AS 11.46.365; 24 (B) former AS 11.46.482(a)(4) or (5); 25 (C) former AS 11.46.484(a)(2); 26 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 27 of a propelled vehicle; or 28 (E) a law or ordinance of this or another jurisdiction with 29 elements substantially similar to those of an offense described in (A) - (D) of 30 this paragraph. 31 * Sec. 15. AS 11.46.482(a) is amended to read:
01 (a) A person commits the crime of criminal mischief in the third degree if, 02 having no right to do so or any reasonable ground to believe the person has such a 03 right, 04 (1) with intent to damage property of another, the person damages 05 property of another in an amount of $750 [$500] or more; 06 (2) the person recklessly creates a risk of damage in an amount 07 exceeding $100,000 to property of another by the use of widely dangerous means; or 08 (3) the person knowingly 09 (A) defaces, damages, or desecrates a cemetery or the contents 10 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 11 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 12 memorial appears to be abandoned, lost, or neglected; 13 (B) removes human remains or associated burial artifacts from 14 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 15 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 16 * Sec. 16. AS 11.46.484(a) is amended to read: 17 (a) A person commits the crime of criminal mischief in the fourth degree if, 18 having no right to do so or any reasonable ground to believe the person has such a 19 right 20 (1) with intent to damage property of another, the person damages 21 property of another in an amount of $250 [$50] or more but less than $750 [$500]; 22 (2) the person tampers with a fire protection device in a building that is 23 a public place; 24 (3) the person knowingly accesses a computer, computer system, 25 computer program, computer network, or part of a computer system or network; 26 (4) the person uses a device to descramble an electronic signal that has 27 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 28 device is used only to descramble signals received directly from a satellite or unless 29 the person owned the device before September 18, 1984; or 30 (5) the person knowingly removes, relocates, defaces, alters, obscures, 31 shoots at, destroys, or otherwise tampers with an official traffic control device or
01 damages the work upon a highway under construction. 02 * Sec. 17. AS 11.46.486(a) is amended to read: 03 (a) A person commits the crime of criminal mischief in the fifth degree if, 04 having no right to do so or any reasonable ground to believe the person has such a 05 right, 06 (1) with reckless disregard for the risk of harm to or loss of the 07 property or with intent to cause substantial inconvenience to another, the person 08 tampers with property of another; 09 (2) with intent to damage property of another, the person damages 10 property of another in an amount less than $250 [$50]; or 11 (3) the person rides in a propelled vehicle knowing it has been stolen 12 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 13 * Sec. 18. AS 11.46.530(b) is amended to read: 14 (b) Criminal simulation is 15 (1) a class C felony if the value of what the object purports to represent 16 is $750 [$500] or more; 17 (2) a class A misdemeanor if the value of what the object purports to 18 represent is $250 [$50] or more but less than $750 [$500]; 19 (3) a class B misdemeanor if the value of what the object purports to 20 represent is less than $250 [$50]. 21 * Sec. 19. AS 11.46.620(d) is amended to read: 22 (d) Misapplication of property is 23 (1) a class C felony if the value of the property misapplied is $750 24 [$500] or more; 25 (2) a class A misdemeanor if the value of the property misapplied is 26 less than $750 [$500]. 27 * Sec. 20. AS 11.46.730(c) is amended to read: 28 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 29 judgment creditor, or creditor incurs a pecuniary loss of $750 [$500] or more as a 30 result to the defendant's conduct, in which case defrauding secured creditors is 31 (1) a class B felony if the loss is $25,000 or more;
01 (2) a class C felony if the loss is $750 [$500] or more but less than 02 $25,000. 03 * Sec. 21. AS 12.30.011(b) is amended to read: 04 (b) If a judicial officer determines that the release under (a) of this section will 05 not reasonably assure the appearance of the person or will pose a danger to the victim, 06 other persons, or the community, the officer shall impose the least restrictive condition 07 or conditions that will reasonably assure the person's appearance and protect the 08 victim, other persons, and the community. In addition to conditions under (a) of this 09 section, the judicial officer may, singly or in combination, 10 (1) require the execution of an appearance bond in a specified amount 11 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 12 of the amount of the bond; 13 (2) require the execution of a bail bond with sufficient solvent sureties 14 or the deposit of cash; 15 (3) require the execution of a performance bond in a specified amount 16 of cash to be deposited in the registry of the court; 17 (4) place restrictions on the person's travel, association, or residence; 18 (5) order the person to refrain from possessing a deadly weapon on the 19 person or in the person's vehicle or residence; 20 (6) require the person to maintain employment or, if unemployed, 21 actively seek employment; 22 (7) require the person to notify the person's lawyer and the prosecuting 23 authority within two business days after any change in employment; 24 (8) require the person to avoid all contact with a victim, a potential 25 witness, or a codefendant; 26 (9) require the person to refrain from the consumption and possession 27 of alcoholic beverages; 28 (10) require the person to refrain from the use of a controlled substance 29 as defined by AS 11.71, unless prescribed by a licensed health care provider with 30 prescriptive authority; 31 (11) require the person to be physically inside the person's residence,
01 or in the residence of the person's third-party custodian, at time periods set by the 02 court; 03 (12) require the person to keep regular contact with a law enforcement 04 officer or agency; 05 (13) order the person to refrain from entering or remaining in premises 06 licensed under AS 04; 07 (14) place the person in the custody of an individual who agrees to 08 serve as a third-party custodian of the person as provided in AS 12.30.021; 09 (15) if the person is under the treatment of a licensed health care 10 provider, order the person to follow the provider's treatment recommendations; 11 (16) order the person to take medication that has been prescribed for 12 the person by a licensed health care provider with prescriptive authority; 13 (17) order the person to comply with any other condition that is 14 reasonably necessary to assure the appearance of the person and to assure the safety of 15 the victim, other persons, and the community; 16 (18) require the person to comply with a program established 17 under AS 47.38.020 if the person has been charged with an alcohol-related or 18 substance abuse-related offense that is an unclassified felony, a class A felony, a 19 sexual felony, or a crime involving domestic violence. 20 * Sec. 22. AS 12.30.016(b) is amended to read: 21 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 22 AS 28.35.030, or 28.35.032, a judicial officer may order the person 23 (1) to refrain from 24 (A) consuming alcoholic beverages; or 25 (B) possessing on the person, in the person's residence, or in 26 any vehicle or other property over which the person has control, alcoholic 27 beverages; 28 (2) to submit to a search without a warrant of the person, the person's 29 personal property, the person's residence, or any vehicle or other property over which 30 the person has control, for the presence of alcoholic beverages by a peace officer who 31 has reasonable suspicion that the person is violating the conditions of the person's
01 release by possessing alcoholic beverages; 02 (3) to submit to a breath test when requested by a law enforcement 03 officer; 04 (4) to provide a sample for a urinalysis or blood test when requested by 05 a law enforcement officer; 06 (5) to take a drug or combination of drugs intended to prevent 07 substance abuse; 08 (6) to follow any treatment plan imposed by the court under 09 AS 28.35.028; 10 (7) to comply with a program established under AS 47.38.020. 11 * Sec. 23. AS 12.30.016(c) is amended to read: 12 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 13 officer may order the person 14 (1) to refrain from 15 (A) consuming a controlled substance; or 16 (B) possessing on the person, in the person's residence, or in 17 any vehicle or other property over which the person has control, a controlled 18 substance or drug paraphernalia; 19 (2) to submit to a search without a warrant of the person, the person's 20 personal property, the person's residence, or any vehicle or other property over which 21 the person has control, for the presence of a controlled substance or drug paraphernalia 22 by a peace officer who has reasonable suspicion that the person is violating the terms 23 of the person's release by possessing controlled substances or drug paraphernalia; 24 (3) to enroll in a random drug testing program, at the person's expense, 25 to detect the presence of a controlled substance, with testing to occur not less than 26 once a week, and with the results being submitted to the court and the prosecuting 27 authority; 28 (4) to refrain from entering or remaining in a place where a controlled 29 substance is being used, manufactured, grown, or distributed; 30 (5) to refrain from being physically present at, within a two-block area 31 of, or within a designated area near, the location where the alleged offense occurred or
01 at other designated places, unless the person actually resides within that area; or 02 (6) to refrain from the use or possession of an inhalant; 03 (7) to comply with a program established under AS 47.38.020. 04 * Sec. 24. AS 12.55.027(c) is amended to read: 05 (c) To qualify for credit against a sentence of imprisonment for a day [TIME] 06 spent in a treatment program, the treatment program and the facility of the treatment 07 program must impose substantial restrictions on a person's liberty on that day that are 08 equivalent to incarceration, including the requirement that a participant in the program 09 (1) must live in a residential facility operated by the program; 10 (2) must be confined at all times to the grounds of the facility or be in 11 the physical custody of an employee of the facility, except for 12 (A) court appearances; 13 (B) [,] meetings with counsel; 14 (C) employment, vocational training, or community 15 volunteer [, AND] work required by the treatment program [AND 16 APPROVED IN ADVANCE BY THE COURT]; and 17 (D) periods during which the resident is permitted to leave 18 the facility for rehabilitative purposes directly related to the person's 19 treatment, so long as the periods during which the resident is permitted to 20 leave the facility are expressly limited as to both time and purpose by the 21 treatment program; 22 (3) is subject to disciplinary sanctions by the program if the participant 23 violates rules of the program and facility; sanctions must be in writing and available 24 for court review; and 25 (4) is subject to immediate arrest, without warrant, if the participant 26 leaves the facility without permission. 27 * Sec. 25. AS 12.55.100(a) is amended to read: 28 (a) While on probation and among the conditions of probation, the defendant 29 may be required 30 (1) to pay a fine in one or several sums; 31 (2) to make restitution or reparation to aggrieved parties for actual
01 damages or loss caused by the crime for which conviction was had, including 02 compensation to a victim that is a nonprofit organization for the value of labor or 03 goods provided by volunteers if the labor or goods were necessary to alleviate or 04 mitigate the effects of the defendant's crime; 05 (3) to provide for the support of any persons for whose support the 06 defendant is legally responsible; 07 (4) to perform community work in accordance with AS 12.55.055; 08 (5) to participate in or comply with the treatment plan of an inpatient 09 or outpatient rehabilitation program specified by either the court or the defendant's 10 probation officer that is related to the defendant's offense or to the defendant's 11 rehabilitation; and 12 (6) to satisfy the screening, evaluation, referral, and program 13 requirements of an agency authorized by the court to make referrals for rehabilitative 14 treatment or to provide rehabilitative treatment; 15 (7) to comply with a program established under AS 47.38.020. 16 * Sec. 26. AS 12.55.155(d) is amended to read: 17 (d) The following factors shall be considered by the sentencing court if proven 18 in accordance with this section, and may allow imposition of a sentence below the 19 presumptive range set out in AS 12.55.125: 20 (1) the offense was principally accomplished by another person, and 21 the defendant manifested extreme caution or sincere concern for the safety or well- 22 being of the victim; 23 (2) the defendant, although an accomplice, played only a minor role in 24 the commission of the offense; 25 (3) the defendant committed the offense under some degree of duress, 26 coercion, threat, or compulsion insufficient to constitute a complete defense, but that 27 significantly affected the defendant's conduct; 28 (4) the conduct of a youthful defendant was substantially influenced by 29 another person more mature than the defendant; 30 (5) the conduct of an aged defendant was substantially a product of 31 physical or mental infirmities resulting from the defendant's age;
01 (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the 02 defendant acted with serious provocation from the victim; 03 (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, 04 the victim provoked the crime to a significant degree; 05 (8) before the defendant knew that the criminal conduct had been 06 discovered, the defendant fully compensated or made a good faith effort to fully 07 compensate the victim of the defendant's criminal conduct for any damage or injury 08 sustained; 09 (9) the conduct constituting the offense was among the least serious 10 conduct included in the definition of the offense; 11 (10) the defendant was motivated to commit the offense solely by an 12 overwhelming compulsion to provide for emergency necessities for the defendant's 13 immediate family; 14 (11) after commission of the offense for which the defendant is being 15 sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other 16 persons who committed an offense; 17 (12) the facts surrounding the commission of the offense and any 18 previous offenses by the defendant establish that the harm caused by the defendant's 19 conduct is consistently minor and inconsistent with the imposition of a substantial 20 period of imprisonment; 21 (13) the defendant is convicted of an offense specified in AS 11.71 and 22 the offense involved small quantities of a controlled substance; 23 (14) the defendant is convicted of an offense specified in AS 11.71 and 24 the offense involved the distribution of a controlled substance, other than a schedule 25 IA controlled substance, to a personal acquaintance who is 19 years of age or older for 26 no profit; 27 (15) the defendant is convicted of an offense specified in AS 11.71 and 28 the offense involved the possession of a small amount of a controlled substance for 29 personal use in the defendant's home; 30 (16) in a conviction for assault or attempted assault or for homicide or 31 attempted homicide, the defendant acted in response to domestic violence perpetrated
01 by the victim against the defendant and the domestic violence consisted of aggravated 02 or repeated instances of assaultive behavior; 03 (17) except in the case of an offense defined by AS 11.41 or 04 AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the 05 time of sentencing, has successfully completed a court-ordered treatment program as 06 defined in AS 28.35.028 that was begun after the offense was committed; 07 (18) except in the case of an offense defined under AS 11.41 or 08 AS 11.46.400 or a defendant who has previously been convicted of a felony, the 09 defendant committed the offense while suffering from a mental disease or defect as 10 defined in AS 12.47.130 that was insufficient to constitute a complete defense but that 11 significantly affected the defendant's conduct; 12 (19) the defendant is convicted of an offense under AS 11.71, and the 13 defendant sought medical assistance for another person who was experiencing a drug 14 overdose contemporaneously with the commission of the offense; 15 (20) except in the case of an offense defined under AS 11.41 or 16 AS 11.46.400, the defendant committed the offense while suffering from a condition 17 diagnosed 18 (A) as a fetal alcohol spectrum disorder, the fetal alcohol 19 spectrum disorder substantially impaired the defendant's judgment, behavior, 20 capacity to recognize reality, or ability to cope with the ordinary demands of 21 life, and the fetal alcohol spectrum disorder, though insufficient to constitute a 22 complete defense, significantly affected the defendant's conduct; in this 23 paragraph, "fetal alcohol spectrum disorder" means a condition of impaired 24 brain function in the range of permanent birth defects caused by maternal 25 consumption of alcohol during pregnancy; or 26 (B) as combat-related post-traumatic stress disorder or 27 combat-related traumatic brain injury, the combat-related post-traumatic 28 stress disorder or combat-related traumatic brain injury substantially 29 impaired the defendant's judgment, behavior, capacity to recognize 30 reality, or ability to cope with the ordinary demands of life, and the 31 combat-related post-traumatic stress disorder or combat-related
01 traumatic brain injury, though insufficient to constitute a complete 02 defense, significantly affected the defendant's conduct; in this paragraph, 03 "combat-related post-traumatic stress disorder or combat-related 04 traumatic brain injury" means post-traumatic stress disorder or 05 traumatic brain injury resulting from combat with an enemy of the 06 United States in the line of duty while on active duty as a member of the 07 armed forces of the United States; nothing in this paragraph is intended to 08 limit the application of (18) of this subsection. 09 * Sec. 27. AS 22.20 is amended by adding a new section to article 4 to read: 10 Sec. 22.20.210. Alaska Criminal Justice Commission. The judicial council 11 shall provide staff and administrative support to the Alaska Criminal Justice 12 Commission established in AS 44.19.641. 13 * Sec. 28. AS 22.35 is amended by adding a new section to read: 14 Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or 15 dismissal confidential. (a) A court record of a criminal case is confidential if 120 16 days have elapsed from the date of acquittal or dismissal and 17 (1) the defendant was acquitted of all charges filed in the case; 18 (2) all criminal charges against the defendant in the case have been 19 dismissed by the prosecuting authority; or 20 (3) the defendant was acquitted of some of the criminal charges in the 21 case and the remaining charges were dismissed. 22 (b) Notwithstanding (a) of this section, the following persons may have access 23 to records made confidential under this section: 24 (1) employees of the Department of Health and Social Services who 25 are responsible for the health, safety, welfare, or placement of a child, a person with a 26 physical or intellectual disability, or a person with a mental illness; 27 (2) the public guardian under AS 13.26.370 or a guardian ad litem 28 supervised by the office of public advocacy; 29 (3) a person who is authorized to have access to the criminal justice 30 information network maintained by the Department of Public Safety under AS 12.62. 31 (c) The Department of Health and Social Services shall adopt regulations to
01 administer (b)(1) of this section. 02 * Sec. 29. AS 28.15.181(f) is amended to read: 03 (f) The court may terminate a revocation for an offense described in (a)(5) or 04 (8) of this section if 05 (1) either 06 (A) the person's license, privilege to drive, or privilege to 07 obtain a license has been revoked for the minimum periods set out in (c) of this 08 section; or 09 (B) the person 10 (i) has successfully completed a court-ordered 11 treatment program under AS 28.35.028; 12 (ii) has not been convicted of a violation of 13 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or 14 another jurisdiction since completing the program; and 15 (iii) has been granted limited license privileges under 16 AS 28.15.201(g) and has successfully driven for three years under 17 that limited license without having the limited license privileges 18 revoked; and 19 (2) the person complies with the provisions of AS 28.15.211(d) and 20 (e). 21 * Sec. 30. AS 28.15.201 is amended by adding new subsections to read: 22 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 23 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 24 department when revoking a driver's license, privilege to drive, or privilege to obtain a 25 license under AS 28.15.165(c), may grant limited license privileges if 26 (1) the revocation was for a felony conviction under AS 28.35.030; 27 (2) the person has successfully participated for at least six months in, 28 or has successfully completed, a court-ordered treatment program under 29 AS 28.35.028; 30 (3) the person provides proof of insurance as required by AS 28.20.230 31 and 28.20.240;
01 (4) the person is required to use an ignition interlock device during the 02 period of the limited license whenever the person operates a motor vehicle in a 03 community not included in the list published by the department under 04 AS 28.22.011(b) and, when applicable, 05 (A) the person provides proof of installation of the ignition 06 interlock device on every vehicle the person operates; 07 (B) the person signs an affidavit acknowledging that 08 (i) operation by the person of a vehicle that is not 09 equipped with an ignition interlock device is subject to penalties for 10 driving with a revoked license; 11 (ii) circumventing or tampering with the ignition 12 interlock device is a class A misdemeanor; and 13 (iii) the person is required to maintain the ignition 14 interlock device throughout the period of the limited license, to keep 15 up-to-date records in each vehicle showing that any required service 16 and calibration is current, and to produce those records immediately on 17 request; 18 (5) the person is enrolled in and is in compliance with or has 19 successfully completed the alcoholism screening, evaluation, referral, and program 20 requirements of the Department of Health and Social Services under AS 28.35.030(h); 21 (6) the person has not previously been granted a limited license under 22 this subsection and had the license revoked under (h) of this section; 23 (7) the person is participating in a program established under 24 AS 47.38.020 for a minimum of 120 days from the date a limited license is granted 25 under this section. 26 (h) The court or the department may immediately revoke a limited license 27 granted under (g) of this section if the person is convicted of a violation of 28 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 29 or if the person is not in compliance with a court-ordered treatment program under 30 AS 28.35.028. 31 * Sec. 31. AS 28.35.028(b) is amended to read:
01 (b) Once the court elects to proceed under this section, the defendant shall 02 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 03 as appropriate. The state and the defendant may enter into a plea agreement to 04 determine the offense or offenses to which the defendant is required to plead. If the 05 court accepts the agreement, the court shall enforce the terms of the agreement. The 06 court shall enter a judgment of conviction for the offense or offenses for which the 07 defendant has pleaded or an order finding that the defendant has violated probation, as 08 appropriate. A judgment of conviction or an order finding a probation violation must 09 set a schedule for payment of restitution owed by the defendant. In a judgment of 10 conviction and on probation conditions that the court considers appropriate, the court 11 may withhold pronouncement of a period of imprisonment or a fine to provide an 12 incentive for the defendant to complete recommended treatment successfully. 13 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 14 mandatory minimum or other sentencing provision applicable to the offense. 15 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 16 other provision of law, the court, at any time after the period when a reduction of 17 sentence is normally available, may consider and reduce the defendant's sentence, 18 including imprisonment, fine, or license revocation, based on the defendant's 19 compliance with the treatment plan; when reducing a sentence, the court (1) may not 20 reduce the sentence below the mandatory minimum sentence for the offense unless the 21 court finds that the defendant has successfully complied with and completed the 22 treatment plan and that the treatment plan approximated the severity of the minimum 23 period of imprisonment, and (2) may consider the defendant's compliance with the 24 treatment plan as a mitigating factor allowing a reduction of a sentence under 25 AS 12.55.155(a). A court entering an order finding the defendant has violated 26 probation may withhold pronouncement of disposition to provide an incentive for the 27 defendant to complete the recommended treatment successfully. 28 * Sec. 32. AS 28.35.030(k) is amended to read: 29 (k) Imprisonment required under (b)(1)(A) of this section shall be served by 30 electronic monitoring, or at a community residential center. If electronic 31 monitoring or [OR, IF] a community residential center is not available,
01 imprisonment required under (b)(1)(A) of this section may be served at another 02 appropriate place determined by the commissioner of corrections. Imprisonment 03 required under (b)(1)(B) - (F) of this section may be served at a community residential 04 center or at a private residence if approved by the commissioner of corrections. 05 Imprisonment served at a private residence must include electronic monitoring. The 06 cost of imprisonment resulting from the sentence imposed under (b)(1) of this section 07 shall be paid to the state by the person being sentenced provided, however, that the 08 cost of imprisonment required to be paid under this subsection may not exceed $2,000. 09 Upon the person's conviction, the court shall include the costs of imprisonment as a 10 part of the judgment of conviction. Except for reimbursement from a permanent fund 11 dividend as provided in this subsection, payment of the cost of imprisonment is not 12 required if the court determines the person is indigent. For costs of imprisonment that 13 are not paid by the person as required by this subsection, the state shall seek 14 reimbursement from the person's permanent fund dividend as provided under 15 AS 43.23.065. While at the community residential center or other appropriate place, a 16 person sentenced under (b)(1)(A) of this section shall perform at least 24 hours of 17 community service work. A person sentenced under (b)(1)(B) of this section shall 18 perform at least 160 hours of community service work, as required by the director of 19 the community residential center or other appropriate place, or as required by the 20 commissioner of corrections if the sentence is being served at a private residence. In 21 this subsection, "appropriate place" means a facility with 24-hour on-site staff 22 supervision that is specifically adapted to provide a residence, and includes a 23 correctional center, residential treatment facility, hospital, halfway house, group home, 24 work farm, work camp, or other place that provides varying levels of restriction. 25 * Sec. 33. AS 28.35.030(o) is amended to read: 26 (o) Upon request, the department shall review a driver's license revocation 27 imposed under (b) or (n)(3) of this section and 28 (1) may restore the driver's license if 29 (A) [(1)] the license has been revoked for a period of at least 10 30 years; 31 (B) [(2)] the person has not been convicted of a criminal
01 offense since the license was revoked; and 02 (C) [(3)] the person provides proof of financial responsibility; 03 (2) shall restore the driver's license if 04 (A) the person has been granted limited license privileges 05 under AS 28.15.201(g) and has successfully driven under that limited 06 license for three years without having the limited license privileges 07 revoked; 08 (B) the person has successfully completed a court-ordered 09 treatment program under AS 28.35.028; 10 (C) the court previously terminated the person's revocation 11 as provided in AS 28.15.181(f)(1)(B); 12 (D) the person has not been convicted of a violation of 13 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 14 jurisdiction since the license was revoked; 15 (E) the person's privilege to drive may be restored as 16 provided in AS 28.15.211; and 17 (F) the person provides proof of financial responsibility. 18 * Sec. 34. AS 33.05.020 is amended by adding a new subsection to read: 19 (f) The commissioner shall establish a program for offenders on probation for 20 a felony offense who have conditions of probation that include not consuming 21 controlled substances or alcoholic beverages and who have been identified as being at 22 moderate to high risk as identified by a risk-needs assessment. The commissioner shall 23 adopt regulations to implement the program. The program shall 24 (1) include random testing for controlled substances and alcoholic 25 beverage use; 26 (2) require that the probation officer file a petition with the court 27 seeking appropriate sanctions by the close of the next business day if a probationer 28 (A) fails to appear for an appointment as directed by the 29 probation officer; or 30 (B) tests positive for the use of controlled substances, inhalants, 31 or alcoholic beverages; and
01 (3) include a means to notify the court, by the close of the next 02 business day, that a petition to revoke probation has been filed on a probationer placed 03 in the program by the commissioner so that the court may review the petition, 04 schedule a prompt hearing, address a request for a warrant provided by the probation 05 officer, or take other action the court considers appropriate. 06 * Sec. 35. AS 33.16.060 is amended by adding a new subsection to read: 07 (c) The board shall establish a program for a parolee who has conditions of 08 parole that include not consuming controlled substances or alcoholic beverages and 09 who has been identified as being at moderate to high risk as identified by a risk-needs 10 assessment. The program must 11 (1) include random testing for controlled substance and alcoholic 12 beverage use; 13 (2) require that a parole officer file a parole violation report by the 14 close of the next business day if a parolee 15 (A) fails to appear for an appointment as directed by the parole 16 officer; or 17 (B) tests positive for the use of controlled substances or 18 alcoholic beverages; and 19 (3) include a means to notify the board by the close of the next 20 business day that a parole violation report has been filed on a parolee placed in the 21 program by the board. 22 * Sec. 36. AS 33.16.150(b) is amended to read: 23 (b) The board may require as a condition of special medical, discretionary, or 24 mandatory parole, or a member of the board acting for the board under (e) of this 25 section may require as a condition of mandatory parole, that a prisoner released on 26 parole 27 (1) not possess or control a defensive weapon, a deadly weapon other 28 than an ordinary pocket knife with a blade three inches or less in length, or 29 ammunition for a firearm, or reside in a residence where there is a firearm capable of 30 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 31 weapon," "defensive weapon," and "firearm" have the meanings given in
01 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 02 (2) refrain from possessing or consuming alcoholic beverages; 03 (3) submit to reasonable searches and seizures by a parole officer, or a 04 peace officer acting under the direction of a parole officer; 05 (4) submit to appropriate medical, mental health, or controlled 06 substance or alcohol examination, treatment, or counseling; 07 (5) submit to periodic examinations designed to detect the use of 08 alcohol or controlled substances; the periodic examinations may include testing 09 under the program established under AS 33.16.060(c); 10 (6) make restitution ordered by the court according to a schedule 11 established by the board; 12 (7) refrain from opening, maintaining, or using a checking account or 13 charge account; 14 (8) refrain from entering into a contract other than a prenuptial contract 15 or a marriage contract; 16 (9) refrain from operating a motor vehicle; 17 (10) refrain from entering an establishment where alcoholic beverages 18 are served, sold, or otherwise dispensed; 19 (11) refrain from participating in any other activity or conduct 20 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 21 current circumstances, or perceived risk to the community, or from associating with 22 any other person that the board determines is reasonably likely to diminish the 23 rehabilitative goals of parole, or that may endanger the public; in the case of special 24 medical parole, for a prisoner diagnosed with a communicable disease, comply with 25 conditions set by the board designed to prevent the transmission of the disease. 26 * Sec. 37. AS 33.30.011 is amended to read: 27 Sec. 33.30.011. Duties of commissioner. The commissioner shall 28 (1) establish, maintain, operate, and control correctional facilities 29 suitable for the custody, care, and discipline of persons charged or convicted of 30 offenses against the state or held under authority of state law; each correctional facility 31 operated by the state shall be established, maintained, operated, and controlled in a
01 manner that is consistent with AS 33.30.015; 02 (2) classify prisoners; 03 (3) for persons committed to the custody of the commissioner, 04 establish programs, including furlough programs that are reasonably calculated to 05 (A) protect the public and the victims of crimes committed by 06 prisoners; 07 (B) maintain health; 08 (C) create or improve occupational skills; 09 (D) enhance educational qualifications; 10 (E) support court-ordered restitution; and 11 (F) otherwise provide for the rehabilitation and reformation of 12 prisoners, facilitating their reintegration into society; 13 (4) provide necessary 14 (A) medical services for prisoners in correctional facilities or 15 who are committed by a court to the custody of the commissioner, including 16 examinations for communicable and infectious diseases; 17 (B) psychological or psychiatric treatment if a physician or 18 other health care provider, exercising ordinary skill and care at the time of 19 observation, concludes that 20 (i) a prisoner exhibits symptoms of a serious disease or 21 injury that is curable or may be substantially alleviated; and 22 (ii) the potential for harm to the prisoner by reason of 23 delay or denial of care is substantial; and 24 (C) assessment or screening of the risks and needs of 25 offenders who may be vulnerable to harm, exploitation, or recidivism as a 26 result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or 27 another brain-based disorder; 28 (5) establish minimum standards for sex offender treatment programs 29 offered to persons who are committed to the custody of the commissioner; [AND] 30 (6) provide for fingerprinting in correctional facilities in accordance 31 with AS 12.80.060; and
01 (7) establish a program to conduct assessments of the risks and 02 needs of offenders sentenced to serve a term of incarceration of 30 days or more 03 and provide to the legislature, by January 15, 2017, and thereafter by January 15 04 of the first regular session of each legislature, a report summarizing the findings 05 and results of the program. 06 * Sec. 38. AS 44.19 is amended by adding new sections to read: 07 Article 6. Alaska Criminal Justice Commission. 08 Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice 09 Commission is established in the Office of the Governor. 10 Sec. 44.19.642. Membership; staff. (a) The commission consists of 11 11 members as follows: 12 (1) the chief justice of the Alaska Supreme Court or another active or 13 retired justice of the supreme court or an active or retired judge of the court of appeals 14 designated by the chief justice; 15 (2) an active or retired superior court judge designated by the chief 16 justice for a three-year term; 17 (3) an active or retired district court judge designated by the chief 18 justice for a three-year term; 19 (4) a member of the Alaska Native community designated by the 20 Alaska Native Justice Center for a three-year term; 21 (5) the attorney general or a designee of the attorney general; 22 (6) the public defender or a designee of the public defender; 23 (7) a private attorney appointed by the governor for a three-year term; 24 (8) a chief of a municipal law enforcement agency appointed by the 25 governor for a three-year term; 26 (9) one victims' rights advocate appointed by the governor for a three- 27 year term; 28 (10) one nonvoting member, serving ex officio, who is a member of 29 the senate appointed by the president of the senate; and 30 (11) one nonvoting member, serving ex officio, who is a member of 31 the house of representatives appointed by the speaker of the house of representatives.
01 (b) A member appointed under (a)(7) - (9) of this section serves at the pleasure 02 of the governor and may be reappointed. 03 (c) The commission shall, by majority vote of the membership, elect a chair 04 and other officers it considers necessary from among its membership to serve on a 05 yearly basis. 06 (d) The Alaska Judicial Council shall provide staff and administrative support 07 to the commission. 08 Sec. 44.19.643. Compensation. Members of the commission serve without 09 compensation but are entitled to per diem and travel expenses authorized for boards 10 and commissions under AS 39.20.180. 11 Sec. 44.19.644. Meetings. A majority of the members constitutes a quorum for 12 conducting business and exercising the powers of the commission. The commission 13 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 14 members, or at a regularly scheduled time as determined by a majority of the 15 members. The commission shall keep a record of its proceedings and make these 16 records available for public inspection. 17 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 18 shall evaluate the effect of sentencing laws and criminal justice practices on the 19 criminal justice system to evaluate whether those sentencing laws and criminal justice 20 practices provide for protection of the public, community condemnation of the 21 offender, the rights of victims of crimes, the rights of the accused and the person 22 convicted, restitution from the offender, and the principle of reformation. The 23 commission shall make recommendations for improving criminal sentencing practices 24 and criminal justice practices, including rehabilitation and restitution. In formulating 25 its recommendations, the commission shall consider 26 (1) statutes, court rules, and court decisions relevant to sentencing of 27 criminal defendants in misdemeanor and felony cases; 28 (2) sentencing practices of the judiciary, including use of presumptive 29 sentences; 30 (3) means of promoting uniformity, proportionality, and accountability 31 in sentencing;
01 (4) alternatives to traditional forms of incarceration; 02 (5) the efficacy of parole and probation in reducing recidivism, 03 achieving rehabilitation, and ensuring public safety; 04 (6) the adequacy, availability, and effectiveness of treatment and 05 rehabilitation programs; 06 (7) crime and incarceration rates, including the rate of violent crime, in 07 this state compared to other states, and best practices adopted by other states that have 08 proven to be successful in reducing recidivism; 09 (8) the relationship between sentencing priorities and correctional 10 resources; and 11 (9) the effectiveness of the state's current methodologies for the 12 collection, dissemination, and extrapolation of criminal justice data. 13 (b) The commission may 14 (1) recommend legislative and administrative action on criminal justice 15 practices; and 16 (2) select and retain the services of consultants as necessary. 17 Sec. 44.19.646. Methodology. In making recommendations, the commission 18 shall 19 (1) solicit and consider information and views from a variety of 20 constituencies to represent the broad spectrum of views that exist with respect to 21 possible approaches to sentencing and administration of justice in the state; and 22 (2) base recommendations on the following factors: 23 (A) the seriousness of each offense in relation to other offenses; 24 (B) the effect of an offender's prior criminal history on 25 sentencing; 26 (C) the need to rehabilitate criminal offenders; 27 (D) the need to confine offenders to prevent harm to the public; 28 (E) the extent to which criminal offenses harm victims and 29 endanger the public safety and order; 30 (F) the effect of sentencing in deterring an offender or other 31 members of society from future criminal conduct;
01 (G) the effect of sentencing as a community condemnation of 02 criminal acts and as a reaffirmation of societal norms; 03 (H) the elimination of unjustified disparity in sentences; 04 (I) the sufficiency of state agency resources to administer the 05 criminal justice system of the state; 06 (J) the effect of criminal justice laws and practices on reducing 07 the rate of recidivism in the state; 08 (K) peer reviewed and data-driven research; 09 (L) the effect of over-classification of prisoners; and 10 (M) the effects of evidence-based restorative justice initiatives 11 on persons convicted of criminal violations and offenses, the victim, and the 12 community. 13 Sec. 44.19.647. Annual report and recommendations. The commission shall 14 submit to the governor and the legislature an annual report of its proceedings for the 15 previous calendar year and may submit recommendations for legislative and 16 administrative action. Reports and recommendations provided under this section shall 17 be submitted not later than February 1 of each year. 18 Sec. 44.19.649. Definition. In AS 44.19.641 - 44.19.649, "commission" means 19 the Alaska Criminal Justice Commission. 20 * Sec. 39. AS 44.66.010(a) is amended by adding a new paragraph to read: 21 (10) Alaska Criminal Justice Commission (AS 44.19.642) - January 1, 22 2018. 23 * Sec. 40. AS 47 is amended by adding a new chapter to read: 24 Chapter 38. Alcohol and Substance Abuse Accountability. 25 Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released 26 on Bail or on Probation. 27 Sec. 47.38.010. Cooperation with the Department of Corrections. The 28 department shall cooperate with the Department of Corrections in establishing and 29 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 30 abusers, and inhalant abusers who are on conditions of release as provided in 31 AS 12.30 or on probation.
01 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 02 commissioner, in cooperation with the commissioner of corrections, shall establish a 03 program for certain persons with release conditions ordered as provided under 04 AS 12.30, or offenders with conditions of probation, that include not consuming 05 controlled substances or alcoholic beverages. 06 (b) The commissioner shall adopt regulations to implement the program. 07 (c) The commissioner shall include in the program 08 (1) a requirement for twice-a-day testing, in person if practicable, for 09 alcoholic beverage use and random testing for controlled substances; 10 (2) a means to provide the probation officer, prosecutor's office, or 11 local law enforcement agency with notice within 24 hours, so that a complaint may be 12 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 13 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 14 or an arrest warrant may be issued for the person on release or offender with 15 conditions of probation provided in this subsection, if the person or offender 16 (A) fails to appear for an appointment as required by the 17 program requirements; or 18 (B) tests positive for the use of controlled substances or 19 alcoholic beverages; and 20 (3) a requirement that the person or offender pay, based on the person's 21 or offender's ability under financial guidelines established by the commissioner, for 22 the cost of participating in the program. 23 (d) The department shall provide or conduct the testing required under (c) of 24 this section. 25 Article 2. Recidivism Reduction Grant Program. 26 Sec. 47.38.100. Recidivism reduction grant program and fund. (a) The 27 recidivism reduction fund is established in the general fund to promote the 28 rehabilitation through transitional re-entry programs of persons incarcerated for 29 offenses and recently released from correctional facilities. The fund consists of money 30 appropriated to the fund. 31 (b) Appropriations to the fund do not lapse.
01 (c) The commissioner, in cooperation with the commissioner of corrections, 02 may make grants from the fund for programs that the commissioner of corrections 03 determines have, as a primary focus, rehabilitation and reduction of recidivism 04 through transitional re-entry for persons incarcerated for offenses and recently 05 released from correctional facilities. To qualify for a grant under this section, a 06 program shall 07 (1) include case management; 08 (2) require sober living; 09 (3) provide, on-site or by referral, treatment for substance abuse or 10 mental health treatment; 11 (4) require employment, educational programming, vocational 12 training, or community volunteer work as approved by the director of the treatment 13 program; and 14 (5) limit residential placements in the program to a maximum of one 15 year. 16 (d) The commissioner and the commissioner of corrections shall prepare a 17 joint annual report on the fund and grant program, and notify the legislature on or 18 before January 15 of each year that the report is available. The report must include the 19 balance of the fund, a summary of the grants provided from the fund, and the effects 20 on recidivism for program participants. 21 Article 3. General Provisions. 22 Sec. 47.38.199. Definitions. In this chapter, 23 (1) "commissioner" means the commissioner of health and social 24 services; 25 (2) "department" means the Department of Health and Social Services. 26 * Sec. 41. AS 22.20.210 is repealed June 30, 2017. 27 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. (a) AS 11.41.320(a), as amended by sec. 2 of this Act, 30 AS 11.41.330(a), as amended by sec. 3 of this Act, AS 11.41.330(b), as amended by sec. 4 of 31 this Act, AS 11.46.130(a), as amended by sec. 5 of this Act, AS 11.46.140(a), as amended by
01 sec. 6 of this Act, AS 11.46.150(a), as amended by sec. 7 of this Act, AS 11.46.220(c), as 02 amended by sec. 8 of this Act, AS 11.46.260(b), as amended by sec. 9 of this Act, 03 AS 11.46.270(b), as amended by sec. 10 of this Act, AS 11.46.280(d), as amended by sec. 11 04 of this Act, AS 11.46.285(b), as amended by sec. 12 of this Act, AS 11.46.295, as amended 05 by sec. 13 of this Act, AS 11.46.360(a), as amended by sec. 14 of this Act, AS 11.46.482(a), 06 as amended by sec. 15 of this Act, AS 11.46.484(a), as amended by sec. 16 of this Act, 07 AS 11.46.486(a), as amended by sec. 17 of this Act, AS 11.46.530(b), as amended by sec. 18 08 of this Act, AS 11.46.620(d), as amended by sec. 19 of this Act, AS 11.46.730(c), as amended 09 by sec. 20 of this Act, AS 12.30.011(b), as amended by sec. 21 of this Act, AS 12.30.016(b), 10 as amended by sec. 22 of this Act, AS 12.30.016(c), as amended by sec. 23 of this Act, 11 AS 12.55.027(c), as amended by sec. 24 of this Act, and AS 12.55.100(a), as amended by sec. 12 25 of this Act, apply to offenses occurring on or after the effective date of secs. 1 - 27, 29 - 13 36, and 38 - 44 of this Act. 14 (b) The changes made to AS 28.15.181(f), as amended by sec. 29 of this Act, 15 AS 28.15.201(g) and (h), enacted by sec. 30 of this Act, AS 28.35.028(b), as amended by sec. 16 31 of this Act, AS 28.35.030(k), as amended by sec. 32 of this Act, AS 28.35.030(o), as 17 amended by sec. 33 of this Act, AS 33.05.020, as amended by sec. 34 of this Act, 18 AS 33.16.060, as amended by sec. 35 of this Act, and AS 33.16.150(b), as amended by sec. 19 36 of this Act, and AS 47.38.020, as enacted by sec. 40 of this Act, apply to convictions 20 occurring before, on, or after the effective date of secs. 1 - 27, 29 - 36, and 38 - 44 of this Act 21 for offenses occurring before, on, or after the effective date of secs. 1 - 27, 29 - 36, and 38 - 22 44 of this Act. 23 (c) AS 12.55.155(d)(20), as amended by sec. 26 of this Act, applies to prosecutions 24 occurring on or after the effective date of sec. 26 of this Act for offenses occurring before, on, 25 or after the effective date of sec. 26 of this Act. 26 (d) AS 22.35.030, enacted by sec. 28 of this Act, applies to criminal charges 27 concluded on or after the effective date of sec. 28 of this Act, by dismissal or by acquittal of 28 the defendant. 29 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE COMMISSION. The
01 Alaska Criminal Justice Commission shall submit to the governor and the legislature a special 02 report, not later than July 1, 2016, regarding alcohol-related offenses in AS 28. The report 03 must include recommendations on 04 (1) whether a revision of the alcohol-related offenses in AS 28 is necessary; 05 (2) maintaining both the administrative and court license revocation processes; 06 (3) the effectiveness of ignition interlock devices in reducing the offenses of 07 driving while under the influence of an alcoholic beverage, inhalant, or controlled substance 08 and refusal to submit to a chemical test, and reducing recidivism; 09 (4) whether the punishment, fines, and associated driver's license revocation 10 periods for the offenses of driving while under the influence of an alcoholic beverage, 11 inhalant, or controlled substance and refusal to submit to a chemical test should be decreased 12 or increased; 13 (5) the effectiveness of programs that promote offender accountability, 14 emphasize swift and certain, yet measured, punishment, reduce recidivism, and maximize the 15 offender's ability to remain productive in society; 16 (6) whether limited licenses should be available for persons charged with or 17 convicted of the offenses of driving while under the influence of an alcoholic beverage, 18 inhalant, or controlled substance or refusal to submit to a chemical test, while providing for 19 public safety. 20 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITIONAL PROVISIONS. The initial designations and appointments to the 23 Alaska Criminal Justice Commission under AS 44.19.642, added by sec. 38 of this Act, shall 24 be made and the first meeting of the commission shall be held not later than June 30, 2014. 25 Notwithstanding AS 44.19.647, added by sec. 38 of this Act, the commission shall submit its 26 first report to the governor and the legislature not later than February 1, 2016. 27 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITIONAL PROVISIONS: REGULATIONS. (a) The Department of 30 Corrections may adopt regulations necessary to implement AS 33.05.020(f), added by sec. 34 31 of this Act.
01 (b) The board of parole may adopt regulations necessary to implement 02 AS 33.16.060(c), added by sec. 35 of this Act, and AS 33.16.150(b), as amended by sec. 36 of 03 this Act. 04 (c) The Department of Health and Social Services may adopt regulations necessary to 05 implement AS 47.38.010 - 47.38.199, added by sec. 40 of this Act. 06 (d) The regulations adopted under (a) - (c) of this section take effect under AS 44.62 07 (Administrative Procedure Act), but not before July 1, 2014. 08 * Sec. 46. Section 28 of this Act takes effect October 1, 2014. 09 * Sec. 47. Section 37 of this Act takes effect January 1, 2016. 10 * Sec. 48. Section 45 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 49. Sections 1 - 27, 29 - 36, and 38 - 44 of this Act take effect July 1, 2014.