HB 196: "An Act relating to sentencing procedures; and relating to credit toward a sentence of imprisonment."
00 HOUSE BILL NO. 196 01 "An Act relating to sentencing procedures; and relating to credit toward a sentence of 02 imprisonment." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.025(k) is amended to read: 05 (k) If a defendant intends to claim credit under AS 12.55.027 toward a 06 sentence of imprisonment for time spent in a [TREATMENT] program as a condition 07 of bail in connection with an offense for which the defendant is being sentenced, the 08 defendant shall file notice with the court and the prosecutor 10 days before the 09 sentencing hearing. The notice shall include the number of days the defendant is 10 claiming. The defendant must prove by a preponderance of evidence that the 11 requirements of AS 12.55.027 are met before credit may be awarded. Except as 12 provided in (l) of this section, except for good cause, a court may not consider a 13 request for credit made under this subsection more than 90 days after the sentencing 14 hearing.
01 * Sec. 2. AS 12.55.025(l) is amended to read: 02 (l) If a defendant intends to claim credit under AS 12.55.027 toward a 03 sentence of imprisonment for time spent in a [TREATMENT] program as a condition 04 of bail while pending appeal, the defendant shall file notice with the court and the 05 prosecutor not later than 90 days after return of the case to the trial court following 06 appeal. The notice shall include the number of days the defendant is claiming. The 07 defendant must prove by a preponderance of evidence that the requirements of 08 AS 12.55.027 are met before credit may be awarded. Except for good cause, the court 09 may not consider a request for credit made under this subsection after the deadline. 10 * Sec. 3. AS 12.55.027 is repealed and reenacted to read: 11 Sec. 12.55.027. Credit toward a sentence of imprisonment. (a) A court may 12 grant a defendant credit toward a sentence of imprisonment for time spent in a 13 program that furthers the reformation and rehabilitation of the defendant if the court 14 finds that the program places a substantial restriction on the defendant's freedom of 15 movement and behavior and is consistent with this section. 16 (b) A court may only grant credit under this section 17 (1) in the amount of one day of credit toward a sentence of 18 imprisonment for each full day the defendant spent in a reformation and rehabilitation 19 program; and 20 (2) if the court ordered the defendant to participate in and comply with 21 the conditions of the reformation and rehabilitation program before the defendant 22 entered the program. 23 (c) In granting credit toward a sentence of imprisonment for time spent in a 24 reformation and rehabilitation program, a court shall consider the following factors: 25 (1) the restrictions on the defendant's freedom of movement and 26 behavior; 27 (2) the circumstances under which the defendant was enrolled in the 28 program; 29 (3) the residency requirements of the program; 30 (4) the physical custody and supervision of the defendant at the 31 program;
01 (5) the circumstances under which the defendant is permitted to leave 02 the program's facility; 03 (6) the rules of the program and the requirement that the defendant 04 obey the orders of persons who have immediate custody or control over the defendant; 05 (7) the sanctions on the defendant for violating the program's rules or 06 orders; 07 (8) whether the defendant is subject to arrest for leaving the program's 08 facility without permission; 09 (9) the use of an electronic monitoring device; 10 (10) whether the program provides substance abuse treatment; 11 (11) the use of other technology that monitors or restricts the 12 defendant's movement and behavior; 13 (12) other factors that support the court's finding that the program 14 places a substantial restriction on the defendant's freedom of movement and behavior; 15 (13) other factors that support the court's finding that the program 16 furthers the reformation and rehabilitation of the defendant. 17 (d) If a defendant intends to claim credit toward a sentence of imprisonment 18 under this section for the time spent in a program either as a condition of probation or 19 as a condition of bail release after a petition to revoke probation has been filed, the 20 defendant shall file notice with the court and the prosecutor 10 days before the 21 disposition hearing. The defendant shall include in the notice the amount of time the 22 defendant is claiming. A court may not consider, except for good cause, a request for 23 credit under this subsection if the request is made more than 90 days after the 24 disposition hearing. 25 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. AS 12.55.025(k) and (l), as amended by secs. 1 and 2 of this Act, 28 and AS 12.55.027, as repealed and reenacted by sec. 3 of this Act, apply to offenses 29 committed before, on, or after the effective date of this Act.