HCS CSSB 64(FIN) am H: "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; 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 program 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; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 64(FIN) am H 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; relating to the crime of 05 custodial interference; relating to the duties of the Alaska Judicial Council; relating to 06 jail-time credit for offenders in court-ordered treatment programs; relating to 07 conditions of release, probation, and parole; relating to a mitigating factor for a person 08 suffering from combat-related post-traumatic stress disorder or combat-related 09 traumatic brain injury; relating to duties of the commissioner of corrections and board 10 of parole; establishing a program for reducing recidivism in the Department of Health 11 and Social Services; requiring the commissioner of health and social services to establish 12 programs for persons on conditions of release or probation that require testing for
01 controlled substances and alcoholic beverages; requiring the board of parole to establish 02 programs for persons on parole that require testing for controlled substances and 03 alcoholic beverages; relating to the duties of the Department of Health and Social 04 Services; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.41.320(a) is amended to read: 07 (a) A person commits the crime of custodial interference in the first degree if 08 the person violates AS 11.41.330(a)(1) [AS 11.41.330] and causes the child or 09 incompetent person to be 10 (1) removed from the state; or 11 (2) kept outside the state. 12 * Sec. 2. AS 11.41.330(a) is amended to read: 13 (a) A person commits the crime of custodial interference in the second degree 14 if 15 (1) [,] being a relative of a child under 18 years of age or a relative of 16 an incompetent person and knowing that the person has no legal right to do so, the 17 person takes, entices, or keeps that child or incompetent person from a lawful 18 custodian with intent to hold the child or incompetent person for a protracted period; 19 or 20 (2) not being a relative of a child under 18 years of age or a 21 relative of an incompetent person, knowing that the person has no right to do so 22 and with the intent to take or keep the child or incompetent person, the person 23 represents to the lawful custodian that the person has a right to take or keep the 24 child or incompetent person. 25 * Sec. 3. AS 11.41.330(b) is amended to read: 26 (b) The affirmative defense of necessity under AS 11.81.320 does not apply to 27 a prosecution for custodial interference under (a)(1) [(a)] of this section if the 28 protracted period for which the person held the child or incompetent person exceeded 29 the shorter of the following:
01 (1) 24 hours; or 02 (2) the time necessary to report to a peace officer or social service 03 agency that the child or incompetent person has been abused, neglected, or is in 04 imminent physical danger. 05 * Sec. 4. AS 11.46.130(a) is amended to read: 06 (a) A person commits the crime of theft in the second degree if the person 07 commits theft as defined in AS 11.46.100 and 08 (1) the value of the property or services is $750 [$500] or more but less 09 than $25,000; 10 (2) the property is a firearm or explosive; 11 (3) the property is taken from the person of another; 12 (4) the property is taken from a vessel and is vessel safety or survival 13 equipment; 14 (5) the property is taken from an aircraft and the property is aircraft 15 safety or survival equipment; 16 (6) the value of the property is $250 [$50] or more but less than $750 17 [$500] and, within the preceding five years, the person has been convicted and 18 sentenced on two or more separate occasions in this or another jurisdiction of 19 (A) an offense under AS 11.46.120, or an offense under 20 another law or ordinance with similar elements; 21 (B) a crime set out in this subsection or an offense under 22 another law or ordinance with similar elements; 23 (C) an offense under AS 11.46.140(a)(1), or an offense under 24 another law or ordinance with similar elements; or 25 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 26 offense under another law or ordinance with similar elements; or 27 (7) the property is an access device. 28 * Sec. 5. AS 11.46.140(a) is amended to read: 29 (a) A person commits the crime of theft in the third degree if the person 30 commits theft as defined in AS 11.46.100 and 31 (1) the value of the property or services is $250 [$50] or more but less
01 than $750 [$500]; or 02 (2) [REPEALED] 03 (3) the value of the property is less than $250 [$50] and, within the 04 past five years, the person has been convicted and sentenced on two or more separate 05 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 06 offense under another law or ordinance with similar elements. 07 * Sec. 6. AS 11.46.150(a) is amended to read: 08 (a) A person commits the crime of theft in the fourth degree if the person 09 commits theft as defined in AS 11.46.100 and the value of the property or services is 10 less than $250 [$50]. 11 * Sec. 7. AS 11.46.220(c) is amended to read: 12 (c) Concealment of merchandise is 13 (1) a class C felony if 14 (A) the merchandise is a firearm; 15 (B) the value of the merchandise is $750 [$500] or more; or 16 (C) the value of the merchandise is $250 [$50] or more but less 17 than $750 [$500] and, within the preceding five years, the person has been 18 convicted and sentenced on two or more separate occasions in this or another 19 jurisdiction of 20 (i) the offense of concealment of merchandise under 21 this paragraph or (2)(A) of this subsection, or an offense under another 22 law or ordinance with similar elements; or 23 (ii) an offense under AS 11.46.120, 11.46.130, or 24 11.46.140(a)(1), or an offense under another law or ordinance with 25 similar elements; 26 (2) a class A misdemeanor if 27 (A) the value of the merchandise is $250 [$50] or more but less 28 than $750 [$500]; or 29 (B) the value of the merchandise is less than $250 [$50] and, 30 within the preceding five years, the person has been convicted and sentenced 31 on two or more separate occasions of the offense of concealment of
01 merchandise or theft in any degree, or an offense under another law or 02 ordinance with similar elements; 03 (3) a class B misdemeanor if the value of the merchandise is less than 04 $250 [$50]. 05 * Sec. 8. AS 11.46.260(b) is amended to read: 06 (b) Removal of identification marks is 07 (1) a class C felony if the value of the property on which the serial 08 number or identification mark appeared is $750 [$500] or more; 09 (2) a class A misdemeanor if the value of the property on which the 10 serial number or identification mark appeared is $250 [$50] or more but less than $750 11 [$500]; 12 (3) a class B misdemeanor if the value of the property on which the 13 serial number or identification mark appeared is less than $250 [$50]. 14 * Sec. 9. AS 11.46.270(b) is amended to read: 15 (b) Unlawful possession is 16 (1) a class C felony if the value of the property on which the serial 17 number or identification mark appeared is $750 [$500] or more; 18 (2) a class A misdemeanor if the value of the property on which the 19 serial number or identification mark appeared is $250 [$50] or more but less than $750 20 [$500]; 21 (3) a class B misdemeanor if the value of the property on which the 22 serial number or identification mark appeared is less than $250 [$50]. 23 * Sec. 10. AS 11.46.280(d) is amended to read: 24 (d) Issuing a bad check is 25 (1) a class B felony if the face amount of the check is $25,000 or more; 26 (2) a class C felony if the face amount of the check is $750 [$500] or 27 more but less than $25,000; 28 (3) a class A misdemeanor if the face amount of the check is $250 29 [$50] or more but less than $750 [$500]; 30 (4) a class B misdemeanor if the face amount of the check is less than 31 $250 [$50].
01 * Sec. 11. AS 11.46.285(b) is amended to read: 02 (b) Fraudulent use of an access device is 03 (1) a class B felony if the value of the property or services obtained is 04 $25,000 or more; 05 (2) a class C felony if the value of the property or services obtained is 06 $750 [$50] or more but less than $25,000; 07 (3) a class A misdemeanor if the value of the property or services 08 obtained is less than $750 [$50]. 09 * Sec. 12. AS 11.46.295 is amended to read: 10 Sec. 11.46.295. Prior convictions. For purposes of considering prior 11 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 12 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 13 AS 11.46.220(c), 14 (1) a conviction for an offense under another law or ordinance with 15 similar elements is a conviction of an offense having elements similar to those of an 16 offense defined as such under Alaska law at the time the offense was committed; 17 (2) a conviction for an offense under Alaska law where the value of 18 the property or services for the offense was lower than the value of property or 19 services for the offense under current Alaska law, is a prior conviction for that 20 offense; and 21 (3) the [. THE] court shall consider the date of a prior conviction as 22 occurring on the date that sentence is imposed for the prior offense. 23 * Sec. 13. AS 11.46.360(a) is amended to read: 24 (a) A person commits the crime of vehicle theft in the first degree if, having 25 no right to do so or any reasonable ground to believe the person has such a right, the 26 person drives, tows away, or takes 27 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 28 of another; 29 (2) the propelled vehicle of another and 30 (A) the vehicle or any other property of another is damaged in a 31 total amount of $750 [$500] or more;
01 (B) the owner incurs reasonable expenses as a result of the loss 02 of use of the vehicle, in a total amount of $750 [$500] or more; or 03 (C) the owner is deprived of the use of the vehicle for seven 04 days or more; 05 (3) the propelled vehicle of another and the vehicle is marked as a 06 police or emergency vehicle; or 07 (4) the propelled vehicle of another and, within the preceding seven 08 years, the person was convicted under 09 (A) this section or AS 11.46.365; 10 (B) former AS 11.46.482(a)(4) or (5); 11 (C) former AS 11.46.484(a)(2); 12 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 13 of a propelled vehicle; or 14 (E) a law or ordinance of this or another jurisdiction with 15 elements substantially similar to those of an offense described in (A) - (D) of 16 this paragraph. 17 * Sec. 14. AS 11.46.482(a) is amended to read: 18 (a) A person commits the crime of criminal mischief in the third degree if, 19 having no right to do so or any reasonable ground to believe the person has such a 20 right, 21 (1) with intent to damage property of another, the person damages 22 property of another in an amount of $750 [$500] or more; 23 (2) the person recklessly creates a risk of damage in an amount 24 exceeding $100,000 to property of another by the use of widely dangerous means; or 25 (3) the person knowingly 26 (A) defaces, damages, or desecrates a cemetery or the contents 27 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 28 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 29 memorial appears to be abandoned, lost, or neglected; 30 (B) removes human remains or associated burial artifacts from 31 a cemetery, tomb, grave, or memorial regardless of whether the cemetery,
01 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 02 * Sec. 15. AS 11.46.484(a) is amended to read: 03 (a) A person commits the crime of criminal mischief in the fourth 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 intent to damage property of another, the person damages 07 property of another in an amount of $250 [$50] or more but less than $750 [$500]; 08 (2) the person tampers with a fire protection device in a building that is 09 a public place; 10 (3) the person knowingly accesses a computer, computer system, 11 computer program, computer network, or part of a computer system or network; 12 (4) the person uses a device to descramble an electronic signal that has 13 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 14 device is used only to descramble signals received directly from a satellite or unless 15 the person owned the device before September 18, 1984; or 16 (5) the person knowingly removes, relocates, defaces, alters, obscures, 17 shoots at, destroys, or otherwise tampers with an official traffic control device or 18 damages the work upon a highway under construction. 19 * Sec. 16. AS 11.46.486(a) is amended to read: 20 (a) A person commits the crime of criminal mischief in the fifth degree if, 21 having no right to do so or any reasonable ground to believe the person has such a 22 right, 23 (1) with reckless disregard for the risk of harm to or loss of the 24 property or with intent to cause substantial inconvenience to another, the person 25 tampers with property of another; 26 (2) with intent to damage property of another, the person damages 27 property of another in an amount less than $250 [$50]; or 28 (3) the person rides in a propelled vehicle knowing it has been stolen 29 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 30 * Sec. 17. AS 11.46.530(b) is amended to read: 31 (b) Criminal simulation is
01 (1) a class C felony if the value of what the object purports to represent 02 is $750 [$500] or more; 03 (2) a class A misdemeanor if the value of what the object purports to 04 represent is $250 [$50] or more but less than $750 [$500]; 05 (3) a class B misdemeanor if the value of what the object purports to 06 represent is less than $250 [$50]. 07 * Sec. 18. AS 11.46.620(d) is amended to read: 08 (d) Misapplication of property is 09 (1) a class C felony if the value of the property misapplied is $750 10 [$500] or more; 11 (2) a class A misdemeanor if the value of the property misapplied is 12 less than $750 [$500]. 13 * Sec. 19. AS 11.46.730(c) is amended to read: 14 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 15 judgment creditor, or creditor incurs a pecuniary loss of $750 [$500] or more as a 16 result to the defendant's conduct, in which case defrauding secured creditors is 17 (1) a class B felony if the loss is $25,000 or more; 18 (2) a class C felony if the loss is $750 [$500] or more but less than 19 $25,000. 20 * Sec. 20. AS 12.30.011(b) is amended to read: 21 (b) If a judicial officer determines that the release under (a) of this section will 22 not reasonably assure the appearance of the person or will pose a danger to the victim, 23 other persons, or the community, the officer shall impose the least restrictive condition 24 or conditions that will reasonably assure the person's appearance and protect the 25 victim, other persons, and the community. In addition to conditions under (a) of this 26 section, the judicial officer may, singly or in combination, 27 (1) require the execution of an appearance bond in a specified amount 28 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 29 of the amount of the bond; 30 (2) require the execution of a bail bond with sufficient solvent sureties 31 or the deposit of cash;
01 (3) require the execution of a performance bond in a specified amount 02 of cash to be deposited in the registry of the court; 03 (4) place restrictions on the person's travel, association, or residence; 04 (5) order the person to refrain from possessing a deadly weapon on the 05 person or in the person's vehicle or residence; 06 (6) require the person to maintain employment or, if unemployed, 07 actively seek employment; 08 (7) require the person to notify the person's lawyer and the prosecuting 09 authority within two business days after any change in employment; 10 (8) require the person to avoid all contact with a victim, a potential 11 witness, or a codefendant; 12 (9) require the person to refrain from the consumption and possession 13 of alcoholic beverages; 14 (10) require the person to refrain from the use of a controlled substance 15 as defined by AS 11.71, unless prescribed by a licensed health care provider with 16 prescriptive authority; 17 (11) require the person to be physically inside the person's residence, 18 or in the residence of the person's third-party custodian, at time periods set by the 19 court; 20 (12) require the person to keep regular contact with a law enforcement 21 officer or agency; 22 (13) order the person to refrain from entering or remaining in premises 23 licensed under AS 04; 24 (14) place the person in the custody of an individual who agrees to 25 serve as a third-party custodian of the person as provided in AS 12.30.021; 26 (15) if the person is under the treatment of a licensed health care 27 provider, order the person to follow the provider's treatment recommendations; 28 (16) order the person to take medication that has been prescribed for 29 the person by a licensed health care provider with prescriptive authority; 30 (17) order the person to comply with any other condition that is 31 reasonably necessary to assure the appearance of the person and to assure the safety of
01 the victim, other persons, and the community; 02 (18) require the person to comply with a program established 03 under AS 47.38.020 if the person has been charged with an alcohol-related or 04 substance abuse-related offense that is an unclassified felony, a class A felony, a 05 sexual felony, or a crime involving domestic violence. 06 * Sec. 21. AS 12.30.016(b) is amended to read: 07 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 08 AS 28.35.030, or 28.35.032, a judicial officer may order the person 09 (1) to refrain from 10 (A) consuming alcoholic beverages; or 11 (B) possessing on the person, in the person's residence, or in 12 any vehicle or other property over which the person has control, alcoholic 13 beverages; 14 (2) to submit to a search without a warrant of the person, the person's 15 personal property, the person's residence, or any vehicle or other property over which 16 the person has control, for the presence of alcoholic beverages by a peace officer who 17 has reasonable suspicion that the person is violating the conditions of the person's 18 release by possessing alcoholic beverages; 19 (3) to submit to a breath test when requested by a law enforcement 20 officer; 21 (4) to provide a sample for a urinalysis or blood test when requested by 22 a law enforcement officer; 23 (5) to take a drug or combination of drugs intended to prevent 24 substance abuse; 25 (6) to follow any treatment plan imposed by the court under 26 AS 28.35.028; 27 (7) to comply with a program established under AS 47.38.020. 28 * Sec. 22. AS 12.30.016(c) is amended to read: 29 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 30 officer may order the person 31 (1) to refrain from
01 (A) consuming a controlled substance; or 02 (B) possessing on the person, in the person's residence, or in 03 any vehicle or other property over which the person has control, a controlled 04 substance or drug paraphernalia; 05 (2) to submit to a search without a warrant of the person, the person's 06 personal property, the person's residence, or any vehicle or other property over which 07 the person has control, for the presence of a controlled substance or drug paraphernalia 08 by a peace officer who has reasonable suspicion that the person is violating the terms 09 of the person's release by possessing controlled substances or drug paraphernalia; 10 (3) to enroll in a random drug testing program, at the person's expense, 11 to detect the presence of a controlled substance, with testing to occur not less than 12 once a week, and with the results being submitted to the court and the prosecuting 13 authority; 14 (4) to refrain from entering or remaining in a place where a controlled 15 substance is being used, manufactured, grown, or distributed; 16 (5) to refrain from being physically present at, within a two-block area 17 of, or within a designated area near, the location where the alleged offense occurred or 18 at other designated places, unless the person actually resides within that area; or 19 (6) to refrain from the use or possession of an inhalant; 20 (7) to comply with a program established under AS 47.38.020. 21 * Sec. 23. AS 12.55.027(c) is amended to read: 22 (c) To qualify for credit against a sentence of imprisonment for a day [TIME] 23 spent in a treatment program, the treatment program and the facility of the treatment 24 program must impose substantial restrictions on a person's liberty on that day that are 25 equivalent to incarceration, including the requirement that a participant in the program 26 (1) must live in a residential facility operated by the program; 27 (2) must be confined at all times to the grounds of the facility or be in 28 the physical custody of an employee of the facility, except for 29 (A) court appearances; 30 (B) [,] meetings with counsel; 31 (C) employment, vocational training, or community
01 volunteer [, AND] work required by the treatment program [AND 02 APPROVED IN ADVANCE BY THE COURT]; and 03 (D) periods during which the resident is permitted to leave 04 the facility for rehabilitative purposes directly related to the person's 05 treatment, so long as the periods during which the resident is permitted to 06 leave the facility are expressly limited as to both time and purpose by the 07 treatment program; 08 (3) is subject to disciplinary sanctions by the program if the participant 09 violates rules of the program and facility; sanctions must be in writing and available 10 for court review; and 11 (4) is subject to immediate arrest, without warrant, if the participant 12 leaves the facility without permission. 13 * Sec. 24. AS 12.55.100(a) is amended to read: 14 (a) While on probation and among the conditions of probation, the defendant 15 may be required 16 (1) to pay a fine in one or several sums; 17 (2) to make restitution or reparation to aggrieved parties for actual 18 damages or loss caused by the crime for which conviction was had, including 19 compensation to a victim that is a nonprofit organization for the value of labor or 20 goods provided by volunteers if the labor or goods were necessary to alleviate or 21 mitigate the effects of the defendant's crime; 22 (3) to provide for the support of any persons for whose support the 23 defendant is legally responsible; 24 (4) to perform community work in accordance with AS 12.55.055; 25 (5) to participate in or comply with the treatment plan of an inpatient 26 or outpatient rehabilitation program specified by either the court or the defendant's 27 probation officer that is related to the defendant's offense or to the defendant's 28 rehabilitation; and 29 (6) to satisfy the screening, evaluation, referral, and program 30 requirements of an agency authorized by the court to make referrals for rehabilitative 31 treatment or to provide rehabilitative treatment;
01 (7) to comply with a program established under AS 47.38.020. 02 * Sec. 25. AS 12.55.155(d) is amended to read: 03 (d) The following factors shall be considered by the sentencing court if proven 04 in accordance with this section, and may allow imposition of a sentence below the 05 presumptive range set out in AS 12.55.125: 06 (1) the offense was principally accomplished by another person, and 07 the defendant manifested extreme caution or sincere concern for the safety or well- 08 being of the victim; 09 (2) the defendant, although an accomplice, played only a minor role in 10 the commission of the offense; 11 (3) the defendant committed the offense under some degree of duress, 12 coercion, threat, or compulsion insufficient to constitute a complete defense, but that 13 significantly affected the defendant's conduct; 14 (4) the conduct of a youthful defendant was substantially influenced by 15 another person more mature than the defendant; 16 (5) the conduct of an aged defendant was substantially a product of 17 physical or mental infirmities resulting from the defendant's age; 18 (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the 19 defendant acted with serious provocation from the victim; 20 (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, 21 the victim provoked the crime to a significant degree; 22 (8) before the defendant knew that the criminal conduct had been 23 discovered, the defendant fully compensated or made a good faith effort to fully 24 compensate the victim of the defendant's criminal conduct for any damage or injury 25 sustained; 26 (9) the conduct constituting the offense was among the least serious 27 conduct included in the definition of the offense; 28 (10) the defendant was motivated to commit the offense solely by an 29 overwhelming compulsion to provide for emergency necessities for the defendant's 30 immediate family; 31 (11) after commission of the offense for which the defendant is being
01 sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other 02 persons who committed an offense; 03 (12) the facts surrounding the commission of the offense and any 04 previous offenses by the defendant establish that the harm caused by the defendant's 05 conduct is consistently minor and inconsistent with the imposition of a substantial 06 period of imprisonment; 07 (13) the defendant is convicted of an offense specified in AS 11.71 and 08 the offense involved small quantities of a controlled substance; 09 (14) the defendant is convicted of an offense specified in AS 11.71 and 10 the offense involved the distribution of a controlled substance, other than a schedule 11 IA controlled substance, to a personal acquaintance who is 19 years of age or older for 12 no profit; 13 (15) the defendant is convicted of an offense specified in AS 11.71 and 14 the offense involved the possession of a small amount of a controlled substance for 15 personal use in the defendant's home; 16 (16) in a conviction for assault or attempted assault or for homicide or 17 attempted homicide, the defendant acted in response to domestic violence perpetrated 18 by the victim against the defendant and the domestic violence consisted of aggravated 19 or repeated instances of assaultive behavior; 20 (17) except in the case of an offense defined by AS 11.41 or 21 AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the 22 time of sentencing, has successfully completed a court-ordered treatment program as 23 defined in AS 28.35.028 that was begun after the offense was committed; 24 (18) except in the case of an offense defined under AS 11.41 or 25 AS 11.46.400 or a defendant who has previously been convicted of a felony, the 26 defendant committed the offense while suffering from a mental disease or defect as 27 defined in AS 12.47.130 that was insufficient to constitute a complete defense but that 28 significantly affected the defendant's conduct; 29 (19) the defendant is convicted of an offense under AS 11.71, and the 30 defendant sought medical assistance for another person who was experiencing a drug 31 overdose contemporaneously with the commission of the offense;
01 (20) except in the case of an offense defined under AS 11.41 or 02 AS 11.46.400, the defendant committed the offense while suffering from a condition 03 diagnosed 04 (A) as a fetal alcohol spectrum disorder, the fetal alcohol 05 spectrum disorder substantially impaired the defendant's judgment, behavior, 06 capacity to recognize reality, or ability to cope with the ordinary demands of 07 life, and the fetal alcohol spectrum disorder, though insufficient to constitute a 08 complete defense, significantly affected the defendant's conduct; in this 09 paragraph, "fetal alcohol spectrum disorder" means a condition of impaired 10 brain function in the range of permanent birth defects caused by maternal 11 consumption of alcohol during pregnancy; or 12 (B) as combat-related post-traumatic stress disorder or 13 combat-related traumatic brain injury, the combat-related post-traumatic 14 stress disorder or combat-related traumatic brain injury substantially 15 impaired the defendant's judgment, behavior, capacity to recognize 16 reality, or ability to cope with the ordinary demands of life, and the 17 combat-related post-traumatic stress disorder or combat-related 18 traumatic brain injury, though insufficient to constitute a complete 19 defense, significantly affected the defendant's conduct; in this paragraph, 20 "combat-related post-traumatic stress disorder or combat-related 21 traumatic brain injury" means post-traumatic stress disorder or 22 traumatic brain injury resulting from combat with an enemy of the 23 United States in the line of duty while on active duty as a member of the 24 armed forces of the United States; nothing in this paragraph is intended to 25 limit the application of (18) of this subsection. 26 * Sec. 26. AS 22.20 is amended by adding a new section to article 4 to read: 27 Sec. 22.20.210. Alaska Criminal Justice Commission. The judicial council 28 shall provide staff and administrative support to the Alaska Criminal Justice 29 Commission established in AS 44.19.641. 30 * Sec. 27. AS 28.35.030(k) is amended to read: 31 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a
01 community residential center or by electronic monitoring at a private residence. If 02 [, IF] a community residential center or electronic monitoring at a private residence 03 is not available, imprisonment required under (b)(1)(A) of this section may be 04 served at another appropriate place determined by the commissioner of corrections. 05 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 06 community residential center or at a private residence if approved by the 07 commissioner of corrections. Imprisonment served at a private residence must include 08 electronic monitoring. The cost of imprisonment resulting from the sentence imposed 09 under (b)(1) of this section shall be paid to the state by the person being sentenced 10 provided, however, that the cost of imprisonment required to be paid under this 11 subsection may not exceed $2,000. Upon the person's conviction, the court shall 12 include the costs of imprisonment as a part of the judgment of conviction. Except for 13 reimbursement from a permanent fund dividend as provided in this subsection, 14 payment of the cost of imprisonment is not required if the court determines the person 15 is indigent. For costs of imprisonment that are not paid by the person as required by 16 this subsection, the state shall seek reimbursement from the person's permanent fund 17 dividend as provided under AS 43.23.065. While at the community residential center 18 or other appropriate place, a person sentenced under (b)(1)(A) of this section shall 19 perform at least 24 hours of community service work. A person sentenced under 20 (b)(1)(B) of this section shall perform at least 160 hours of community service work, 21 as required by the director of the community residential center or other appropriate 22 place, or as required by the commissioner of corrections if the sentence is being served 23 at a private residence. In this subsection, "appropriate place" means a facility with 24- 24 hour on-site staff supervision that is specifically adapted to provide a residence, and 25 includes a correctional center, residential treatment facility, hospital, halfway house, 26 group home, work farm, work camp, or other place that provides varying levels of 27 restriction. 28 * Sec. 28. AS 33.05.020 is amended by adding a new subsection to read: 29 (f) The commissioner shall establish a program for offenders on probation for 30 a felony offense who have conditions of probation that include not consuming 31 controlled substances or alcoholic beverages and who have been identified as being at
01 moderate to high risk as identified by a risk-needs assessment. The commissioner shall 02 adopt regulations to implement the program. The program shall 03 (1) include random testing for controlled substances and alcoholic 04 beverage use; 05 (2) require that the probation officer file a petition with the court 06 seeking appropriate sanctions by the close of the next business day if a probationer 07 (A) fails to appear for an appointment as directed by the 08 probation officer; or 09 (B) tests positive for the use of controlled substances, inhalants, 10 or alcoholic beverages; and 11 (3) include a means to notify the court, by the close of the next 12 business day, that a petition to revoke probation has been filed on a probationer placed 13 in the program by the commissioner so that the court may review the petition, 14 schedule a prompt hearing, address a request for a warrant provided by the probation 15 officer, or take other action the court considers appropriate. 16 * Sec. 29. AS 33.16.060 is amended by adding a new subsection to read: 17 (c) The board shall establish a program for a parolee who has conditions of 18 parole that include not consuming controlled substances or alcoholic beverages and 19 who has been identified as being at moderate to high risk as identified by a risk-needs 20 assessment. The program must 21 (1) include random testing for controlled substance and alcoholic 22 beverage use; 23 (2) require that a parole officer file a parole violation report by the 24 close of the next business day if a parolee 25 (A) fails to appear for an appointment as directed by the parole 26 officer; or 27 (B) tests positive for the use of controlled substances or 28 alcoholic beverages; and 29 (3) include a means to notify the board by the close of the next 30 business day that a parole violation report has been filed on a parolee placed in the 31 program by the board.
01 * Sec. 30. AS 33.16.150(b) is amended to read: 02 (b) The board may require as a condition of special medical, discretionary, or 03 mandatory parole, or a member of the board acting for the board under (e) of this 04 section may require as a condition of mandatory parole, that a prisoner released on 05 parole 06 (1) not possess or control a defensive weapon, a deadly weapon other 07 than an ordinary pocket knife with a blade three inches or less in length, or 08 ammunition for a firearm, or reside in a residence where there is a firearm capable of 09 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 10 weapon," "defensive weapon," and "firearm" have the meanings given in 11 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 12 (2) refrain from possessing or consuming alcoholic beverages; 13 (3) submit to reasonable searches and seizures by a parole officer, or a 14 peace officer acting under the direction of a parole officer; 15 (4) submit to appropriate medical, mental health, or controlled 16 substance or alcohol examination, treatment, or counseling; 17 (5) submit to periodic examinations designed to detect the use of 18 alcohol or controlled substances; the periodic examinations may include testing 19 under the program established under AS 33.16.060(c); 20 (6) make restitution ordered by the court according to a schedule 21 established by the board; 22 (7) refrain from opening, maintaining, or using a checking account or 23 charge account; 24 (8) refrain from entering into a contract other than a prenuptial contract 25 or a marriage contract; 26 (9) refrain from operating a motor vehicle; 27 (10) refrain from entering an establishment where alcoholic beverages 28 are served, sold, or otherwise dispensed; 29 (11) refrain from participating in any other activity or conduct 30 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 31 current circumstances, or perceived risk to the community, or from associating with
01 any other person that the board determines is reasonably likely to diminish the 02 rehabilitative goals of parole, or that may endanger the public; in the case of special 03 medical parole, for a prisoner diagnosed with a communicable disease, comply with 04 conditions set by the board designed to prevent the transmission of the disease. 05 * Sec. 31. AS 33.30.011 is amended to read: 06 Sec. 33.30.011. Duties of commissioner. The commissioner shall 07 (1) establish, maintain, operate, and control correctional facilities 08 suitable for the custody, care, and discipline of persons charged or convicted of 09 offenses against the state or held under authority of state law; each correctional facility 10 operated by the state shall be established, maintained, operated, and controlled in a 11 manner that is consistent with AS 33.30.015; 12 (2) classify prisoners; 13 (3) for persons committed to the custody of the commissioner, 14 establish programs, including furlough programs that are reasonably calculated to 15 (A) protect the public and the victims of crimes committed by 16 prisoners; 17 (B) maintain health; 18 (C) create or improve occupational skills; 19 (D) enhance educational qualifications; 20 (E) support court-ordered restitution; and 21 (F) otherwise provide for the rehabilitation and reformation of 22 prisoners, facilitating their reintegration into society; 23 (4) provide necessary 24 (A) medical services for prisoners in correctional facilities or 25 who are committed by a court to the custody of the commissioner, including 26 examinations for communicable and infectious diseases; 27 (B) psychological or psychiatric treatment if a physician or 28 other health care provider, exercising ordinary skill and care at the time of 29 observation, concludes that 30 (i) a prisoner exhibits symptoms of a serious disease or 31 injury that is curable or may be substantially alleviated; and
01 (ii) the potential for harm to the prisoner by reason of 02 delay or denial of care is substantial; and 03 (C) assessment or screening of the risks and needs of 04 offenders who may be vulnerable to harm, exploitation, or recidivism as a 05 result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or 06 another brain-based disorder; 07 (5) establish minimum standards for sex offender treatment programs 08 offered to persons who are committed to the custody of the commissioner; [AND] 09 (6) provide for fingerprinting in correctional facilities in accordance 10 with AS 12.80.060; and 11 (7) establish a program to conduct assessments of the risks and 12 needs of offenders sentenced to serve a term of incarceration of 30 days or more 13 and provide to the legislature, by electronic means, by January 15, 2017, and 14 thereafter by January 15, preceding the first regular session of each legislature, a 15 report summarizing the findings and results of the program. 16 * Sec. 32. AS 44.19 is amended by adding new sections to read: 17 Article 6. Alaska Criminal Justice Commission. 18 Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice 19 Commission is established in the Office of the Governor. 20 Sec. 44.19.642. Membership; staff. (a) The commission consists of 13 21 members as follows: 22 (1) the chief justice of the Alaska Supreme Court or another active or 23 retired justice of the supreme court or an active or retired judge of the court of appeals 24 designated by the chief justice; 25 (2) an active or retired superior court judge designated by the chief 26 justice for a three-year term; 27 (3) an active or retired district court judge designated by the chief 28 justice for a three-year term; 29 (4) a member of the Alaska Native community designated by the 30 Alaska Native Justice Center for a three-year term; 31 (5) the attorney general or a designee of the attorney general;
01 (6) the public defender or a designee of the public defender; 02 (7) the commissioner of corrections or the commissioner's designee; 03 (8) the commissioner of public safety or the commissioner's designee; 04 (9) the chief executive officer of the Alaska Mental Health Trust 05 Authority or the chief executive officer's designee for a three-year term; 06 (10) an active duty member of a municipal law enforcement agency 07 appointed by the governor for a three-year term; 08 (11) one victims' rights advocate appointed by the governor for a three- 09 year term; 10 (12) one nonvoting member, serving ex officio, who is a member of 11 the senate appointed by the president of the senate; and 12 (13) one nonvoting member, serving ex officio, who is a member of 13 the house of representatives appointed by the speaker of the house of representatives. 14 (b) A member appointed under (a)(10) - (11) of this section serves at the 15 pleasure of the governor and may be reappointed. 16 (c) The commission shall, by majority vote of the membership, elect a chair 17 and other officers it considers necessary from among its membership to serve on a 18 yearly basis. 19 (d) The Alaska Judicial Council shall provide staff and administrative support 20 to the commission. 21 Sec. 44.19.643. Compensation. Members of the commission serve without 22 compensation but are entitled to per diem and travel expenses authorized for boards 23 and commissions under AS 39.20.180. 24 Sec. 44.19.644. Meetings. A majority of the members constitutes a quorum for 25 conducting business and exercising the powers of the commission. The commission 26 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 27 members, or at a regularly scheduled time as determined by a majority of the 28 members. The commission shall keep a record of its proceedings and make these 29 records available for public inspection. 30 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 31 shall evaluate the effect of sentencing laws and criminal justice practices on the
01 criminal justice system to evaluate whether those sentencing laws and criminal justice 02 practices provide for protection of the public, community condemnation of the 03 offender, the rights of victims of crimes, the rights of the accused and the person 04 convicted, restitution from the offender, and the principle of reformation. The 05 commission shall make recommendations for improving criminal sentencing practices 06 and criminal justice practices, including rehabilitation and restitution. In formulating 07 its recommendations, the commission shall consider 08 (1) statutes, court rules, and court decisions relevant to sentencing of 09 criminal defendants in misdemeanor and felony cases; 10 (2) sentencing practices of the judiciary, including use of presumptive 11 sentences; 12 (3) means of promoting uniformity, proportionality, and accountability 13 in sentencing; 14 (4) alternatives to traditional forms of incarceration; 15 (5) the efficacy of parole and probation in ensuring public safety, 16 achieving rehabilitation, and reducing recidivism; 17 (6) the adequacy, availability, and effectiveness of treatment and 18 rehabilitation programs; 19 (7) crime and incarceration rates, including the rate of violent crime 20 and the abuse of controlled substances, in this state compared to other states, and best 21 practices adopted by other states that have proven to be successful in reducing 22 recidivism; 23 (8) the relationship between sentencing priorities and correctional 24 resources; 25 (9) the effectiveness of the state's current methodologies for the 26 collection and dissemination of criminal justice data; and 27 (10) whether the schedules for controlled substances in AS 11.71.140 - 28 11.71.190 are reasonable and appropriate, considering the criteria established in 29 AS 11.71.120(c). 30 (b) The commission may 31 (1) recommend legislative and administrative action on criminal justice
01 practices; and 02 (2) select and retain the services of consultants as necessary. 03 Sec. 44.19.646. Methodology. In making recommendations, the commission 04 shall 05 (1) solicit and consider information and views from a variety of 06 constituencies to represent the broad spectrum of views that exist with respect to 07 possible approaches to sentencing and administration of justice in the state; and 08 (2) base recommendations on the following factors: 09 (A) the seriousness of each offense in relation to other offenses; 10 (B) the effect of an offender's prior criminal history on 11 sentencing; 12 (C) the need to rehabilitate criminal offenders; 13 (D) the need to confine offenders to prevent harm to the public; 14 (E) the extent to which criminal offenses harm victims and 15 endanger the public safety and order; 16 (F) the effect of sentencing in deterring an offender or other 17 members of society from future criminal conduct; 18 (G) the effect of sentencing as a community condemnation of 19 criminal acts and as a reaffirmation of societal norms; 20 (H) the elimination of unjustified disparity in sentences; 21 (I) the sufficiency of state agency resources to administer the 22 criminal justice system of the state; 23 (J) the effect of criminal justice laws and practices on reducing 24 the rate of recidivism in the state; 25 (K) peer reviewed and data-driven research; and 26 (L) the efficacy of evidence-based restorative justice initiatives 27 on persons convicted of criminal violations and offenses, the victim, and the 28 community. 29 Sec. 44.19.647. Annual report and recommendations. The commission shall 30 submit to the governor and the legislature an annual report of its proceedings for the 31 previous calendar year and may submit recommendations for legislative and
01 administrative action. Reports and recommendations provided under this section shall 02 be submitted not later than February 1 of each year. 03 Sec. 44.19.649. Definition. In AS 44.19.641 - 44.19.649, "commission" means 04 the Alaska Criminal Justice Commission. 05 * Sec. 33. AS 44.66.010(a) is amended by adding a new paragraph to read: 06 (10) Alaska Criminal Justice Commission (AS 44.19.642) - June 30, 07 2017. 08 * Sec. 34. AS 47 is amended by adding a new chapter to read: 09 Chapter 38. Alcohol and Substance Abuse Accountability. 10 Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released 11 on Bail or on Probation. 12 Sec. 47.38.010. Cooperation with the Department of Corrections. The 13 department shall cooperate with the Department of Corrections in establishing and 14 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 15 abusers, and inhalant abusers who are on conditions of release as provided in 16 AS 12.30 or on probation. 17 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 18 commissioner, in cooperation with the commissioner of corrections, shall establish a 19 program for certain persons with release conditions ordered as provided under 20 AS 12.30, or offenders with conditions of probation, that include not consuming 21 controlled substances or alcoholic beverages. 22 (b) The commissioner shall adopt regulations to implement the program. 23 (c) The commissioner shall include in the program 24 (1) a requirement for twice-a-day testing, in person if practicable, for 25 alcoholic beverage use and random testing for controlled substances; 26 (2) a means to provide the probation officer, prosecutor's office, or 27 local law enforcement agency with notice within 24 hours, so that a complaint may be 28 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 29 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 30 or an arrest warrant may be issued for the person on release or offender with 31 conditions of probation provided in this subsection, if the person or offender
01 (A) fails to appear for an appointment as required by the 02 program requirements; or 03 (B) tests positive for the use of controlled substances or 04 alcoholic beverages; and 05 (3) a requirement that the person or offender pay, based on the person's 06 or offender's ability under financial guidelines established by the commissioner, for 07 the cost of participating in the program. 08 (d) The department shall provide or conduct the testing required under (c) of 09 this section. 10 Article 2. Recidivism Reduction Program. 11 Sec. 47.38.100. Recidivism reduction program. (a) The recidivism reduction 12 program is established to promote the rehabilitation through transitional re-entry 13 programs of persons incarcerated for offenses and recently released from correctional 14 facilities. 15 (b) The commissioner, in cooperation with the commissioner of corrections, 16 may provide for programs that have, as a primary focus, rehabilitation and reduction 17 of recidivism through transitional re-entry for persons incarcerated for offenses and 18 recently released from correctional facilities. The commissioner may enter into 19 contracts to provide for programs under this section. A program under this section 20 must 21 (1) include case management; 22 (2) require sober living; 23 (3) provide, on-site or by referral, treatment for substance abuse or 24 mental health treatment; 25 (4) require employment, educational programming, vocational 26 training, or community volunteer work as approved by the director of the treatment 27 program; and 28 (5) limit residential placements in the program to a maximum of one 29 year. 30 (c) The commissioner and the commissioner of corrections shall prepare a 31 joint annual report on the program provided under (c) of this section, and notify the
01 legislature on or before January 15 of each year that the report is available. The report 02 must include an analysis of the program's effects on recidivism for program 03 participants. 04 Article 3. General Provisions. 05 Sec. 47.38.199. Definitions. In this chapter, 06 (1) "commissioner" means the commissioner of health and social 07 services; 08 (2) "department" means the Department of Health and Social Services. 09 * Sec. 35. AS 22.20.210 is repealed June 30, 2017. 10 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. (a) AS 11.41.320(a), as amended by sec. 1 of this Act, 13 AS 11.41.330(a), as amended by sec. 2 of this Act, AS 11.41.330(b), as amended by sec. 3 of 14 this Act, AS 11.46.130(a), as amended by sec. 4 of this Act, AS 11.46.140(a), as amended by 15 sec. 5 of this Act, AS 11.46.150(a), as amended by sec. 6 of this Act, AS 11.46.220(c), as 16 amended by sec. 7 of this Act, AS 11.46.260(b), as amended by sec. 8 of this Act, 17 AS 11.46.270(b), as amended by sec. 9 of this Act, AS 11.46.280(d), as amended by sec. 10 18 of this Act, AS 11.46.285(b), as amended by sec. 11 of this Act, AS 11.46.295, as amended 19 by sec. 12 of this Act, AS 11.46.360(a), as amended by sec. 13 of this Act, AS 11.46.482(a), 20 as amended by sec. 14 of this Act, AS 11.46.484(a), as amended by sec. 15 of this Act, 21 AS 11.46.486(a), as amended by sec. 16 of this Act, AS 11.46.530(b), as amended by sec. 17 22 of this Act, AS 11.46.620(d), as amended by sec. 18 of this Act, AS 11.46.730(c), as amended 23 by sec. 19 of this Act, AS 12.30.011(b), as amended by sec. 20 of this Act, AS 12.30.016(b), 24 as amended by sec. 21 of this Act, AS 12.30.016(c), as amended by sec. 22 of this Act, 25 AS 12.55.027(c), as amended by sec. 23 of this Act, and AS 12.55.100(a), as amended by sec. 26 24 of this Act, apply to offenses occurring on or after the effective date of secs. 1 - 30 and 32 - 27 38 of this Act. 28 (b) The changes made to AS 28.35.030(k), as amended by sec. 27 of this Act, 29 AS 33.05.020, as amended by sec. 28 of this Act, AS 33.16.060, as amended by sec. 29 of this 30 Act, AS 33.16.150(b), as amended by sec. 30 of this Act, and AS 47.38.020, as enacted by 31 sec. 34 of this Act, apply to convictions occurring before, on, or after the effective date of
01 secs. 1 - 30 and 32 - 38 of this Act for offenses occurring before, on, or after the effective date 02 of secs. 1 - 30 and 32 - 38 of this Act. 03 (c) AS 12.55.155(d)(20), as amended by sec. 25 of this Act, applies to prosecutions 04 occurring on or after the effective date of sec. 25 of this Act for offenses occurring before, on, 05 or after the effective date of sec. 25 of this Act. 06 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE COMMISSION. The 09 Alaska Criminal Justice Commission shall submit to the governor and the legislature a special 10 report, not later than July 1, 2017, regarding alcohol-related offenses in AS 28. The report 11 must include recommendations on 12 (1) whether a revision of the alcohol-related offenses in AS 28 is necessary; 13 (2) maintaining both the administrative and court license revocation processes; 14 (3) the effectiveness of ignition interlock devices in reducing the offenses of 15 driving while under the influence of an alcoholic beverage, inhalant, or controlled substance 16 and refusal to submit to a chemical test, and reducing recidivism; 17 (4) whether the punishment, fines, and associated driver's license revocation 18 periods for the offenses of driving while under the influence of an alcoholic beverage, 19 inhalant, or controlled substance and refusal to submit to a chemical test should be decreased 20 or increased; 21 (5) the effectiveness of programs that promote offender accountability, 22 emphasize swift and certain, yet measured, punishment, reduce recidivism, and maximize the 23 offender's ability to remain productive in society; 24 (6) whether limited licenses should be available for persons charged with or 25 convicted of the offenses of driving while under the influence of an alcoholic beverage, 26 inhalant, or controlled substance or refusal to submit to a chemical test, while providing for 27 public safety. 28 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISIONS. The initial designations and appointments to the 31 Alaska Criminal Justice Commission under AS 44.19.642, added by sec. 32 of this Act, shall
01 be made not later than June 30, 2014. Notwithstanding AS 44.19.647, added by sec. 32 of this 02 Act, the commission shall submit its first report to the governor and the legislature not later 03 than February 1, 2016. 04 * Sec. 39. 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 07 Corrections may adopt regulations necessary to implement AS 33.05.020(f), added by sec. 28 08 of this Act. 09 (b) The board of parole may adopt regulations necessary to implement 10 AS 33.16.060(c), added by sec. 29 of this Act, and AS 33.16.150(b), as amended by sec. 30 of 11 this Act. 12 (c) The Department of Health and Social Services may adopt regulations necessary to 13 implement AS 47.38.010 - 47.38.199, added by sec. 34 of this Act. 14 (d) The regulations adopted under (a) - (c) of this section take effect under AS 44.62 15 (Administrative Procedure Act), but not before July 1, 2014. 16 * Sec. 40. Section 31 of this Act takes effect January 1, 2016. 17 * Sec. 41. Section 39 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 42. Sections 1 - 30 and 32 - 38 of this Act take effect July 1, 2014.