Enrolled HB 15: Relating to credits toward a sentence of imprisonment for certain persons under electronic monitoring; and relating to mitigating factors at sentencing.
00Enrolled HB 15 01 Relating to credits toward a sentence of imprisonment for certain persons under electronic 02 monitoring; and relating to mitigating factors at sentencing. 03 _______________ 04 * Section 1. AS 12.55.027(a) is amended to read: 05 (a) A court may grant a defendant credit toward a sentence of imprisonment 06 for time spent in a treatment program or under electronic monitoring only as 07 provided in this section. 08 * Sec. 2. AS 12.55.027(d) is amended to read: 09 (d) A court may [NOT] grant credit against a sentence of imprisonment for 10 time spent [IN A PRIVATE RESIDENCE OR] under electronic monitoring if the 11 person has not committed a criminal offense while under electronic monitoring 12 and the court imposes restrictions on the person's freedom of movement and 13 behavior while under the electronic monitoring program, including requiring the 14 person to be confined to a residence except for a
01 (1) court appearance; 02 (2) meeting with counsel; or 03 (3) period during which the person is at a location ordered by the 04 court for the purposes of employment, attending educational or vocational 05 training, performing community volunteer work, or attending a rehabilitative 06 activity or medical appointment. 07 * Sec. 3. AS 12.55.027(e) is amended to read: 08 (e) If a defendant intends to claim credit toward a sentence of imprisonment 09 for time spent in a treatment program or under electronic monitoring either as a 10 condition of probation or as a condition of bail release after a petition to revoke 11 probation has been filed, the defendant shall file notice with the court and the 12 prosecutor 10 days before the disposition hearing. The notice shall include the amount 13 of time the defendant is claiming. The defendant must prove by a preponderance of the 14 evidence that the credit claimed meets the requirements of this section. A court may 15 not consider, except for good cause, a request for credit made under this subsection 16 more than 90 days after the disposition hearing. 17 * Sec. 4. AS 12.55.155(d) is amended by adding a new paragraph to read: 18 (21) the defendant, as a condition of release ordered by the court, 19 successfully completed an alcohol and substance abuse monitoring program 20 established under AS 47.38.020. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. (a) AS 12.55.027(a), as amended by sec. 1 of this Act, 24 AS 12.55.027(d), as amended by sec. 2 of this Act, and AS 12.55.027(e), as amended by sec. 25 3 of this Act, apply to an offense committed before, on, or after the effective date of this Act. 26 (b) AS 12.55.155(d), as amended by sec. 4 of this Act, applies to a sentence imposed 27 on or after the effective date of this Act for an offense committed before, on, or after the 28 effective date of this Act.