CSSSSB 91(STA): "An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; establishing a pretrial services program with pretrial services officers in the Department of Corrections; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violations of municipal ordinances; relating to parole; relating to correctional restitution centers; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to the disqualification of persons convicted of specified drug offenses from receiving public assistance; relating to the duties of the commissioner of corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(STA) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to probation; relating to sentencing; establishing a pretrial services program 03 with pretrial services officers in the Department of Corrections; relating to permanent 04 fund dividends; relating to electronic monitoring; relating to penalties for violations of 05 municipal ordinances; relating to parole; relating to correctional restitution centers; 06 relating to community work service; relating to revocation, termination, suspension, 07 cancellation, or restoration of a driver's license; relating to the disqualification of 08 persons convicted of certain felony drug offenses from participation in the food stamp 09 and temporary assistance programs; relating to the disqualification of persons convicted 10 of specified drug offenses from receiving public assistance; relating to the duties of the 11 commissioner of corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of 12 Criminal Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal
01 Procedure; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.110(a) is amended to read: 04 (a) A person commits the crime of murder in the second degree if 05 (1) with intent to cause serious physical injury to another person or 06 knowing that the conduct is substantially certain to cause death or serious physical 07 injury to another person, the person causes the death of any person; 08 (2) the person knowingly engages in conduct that results in the death 09 of another person under circumstances manifesting an extreme indifference to the 10 value of human life; 11 (3) under circumstances not amounting to murder in the first degree 12 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 13 person commits or attempts to commit arson in the first degree, kidnapping, sexual 14 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 15 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 16 degree, escape in the first or second degree, robbery in any degree, or misconduct 17 involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - 18 (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course 19 of or in furtherance of that crime or in immediate flight from that crime, any person 20 causes the death of a person other than one of the participants; 21 (4) acting with a criminal street gang, the person commits or attempts 22 to commit a crime that is a felony and, in the course of or in furtherance of that crime 23 or in immediate flight from that crime, any person causes the death of a person other 24 than one of the participants; or 25 (5) the person with criminal negligence causes the death of a child 26 under the age of 16, and the person has been previously convicted of a crime involving 27 a child under the age of 16 that was 28 (A) a felony violation of AS 11.41; 29 (B) in violation of a law or ordinance in another jurisdiction 30 with elements similar to a felony under AS 11.41; or
01 (C) an attempt, a solicitation, or a conspiracy to commit a 02 crime listed in (A) or (B) of this paragraph. 03 * Sec. 2. AS 11.41.150(a) is amended to read: 04 (a) A person commits the crime of murder of an unborn child if the person 05 (1) with intent to cause the death of an unborn child or of another 06 person, causes the death of an unborn child; 07 (2) with intent to cause serious physical injury to an unborn child or to 08 another person or knowing that the conduct is substantially certain to cause death or 09 serious physical injury to an unborn child or to another person, causes the death of an 10 unborn child; 11 (3) while acting alone or with one or more persons, commits or 12 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 13 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 14 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 15 first or second degree, robbery in any degree, or misconduct involving a controlled 16 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 17 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in 18 furtherance of that crime or in immediate flight from that crime, any person causes the 19 death of an unborn child; 20 (4) knowingly engages in conduct that results in the death of an unborn 21 child under circumstances manifesting an extreme indifference to the value of human 22 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 23 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 24 does not constitute conduct manifesting an extreme indifference to the value of human 25 life. 26 * Sec. 3. AS 11.46.130(a) is amended to read: 27 (a) A person commits the crime of theft in the second degree if the person 28 commits theft as defined in AS 11.46.100 and 29 (1) the value of the property or services is $2,000 [$750] or more but 30 less than $25,000; 31 (2) the property is a firearm or explosive;
01 (3) the property is taken from the person of another; 02 (4) the property is taken from a vessel and is vessel safety or survival 03 equipment; 04 (5) the property is taken from an aircraft and the property is aircraft 05 safety or survival equipment; 06 (6) the value of the property is $250 or more but less than $2,000 07 [$750] and, within the preceding five years, the person has been convicted and 08 sentenced on two or more separate occasions in this or another jurisdiction of 09 (A) an offense under AS 11.46.120, or an offense under 10 another law or ordinance with similar elements; 11 (B) a crime set out in this subsection or an offense under 12 another law or ordinance with similar elements; 13 (C) an offense under AS 11.46.140(a)(1), or an offense under 14 another law or ordinance with similar elements; or 15 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 16 offense under another law or ordinance with similar elements; or 17 (7) the property is an access device. 18 * Sec. 4. AS 11.46.140(a) is amended to read: 19 (a) A person commits the crime of theft in the third degree if the person 20 commits theft as defined in AS 11.46.100 and 21 (1) the value of the property or services is $250 or more but less than 22 $2,000 [$750]; or 23 (2) [REPEALED] 24 (3) the value of the property is less than $250 and, within the past five 25 years, the person has been convicted and sentenced on two or more separate occasions 26 in this or another jurisdiction of theft or concealment of merchandise, or an offense 27 under another law or ordinance with similar elements. 28 * Sec. 5. AS 11.46.220(c) is amended to read: 29 (c) Concealment of merchandise is 30 (1) a class C felony if 31 (A) the merchandise is a firearm;
01 (B) the value of the merchandise is $2,000 [$750] or more; or 02 (C) the value of the merchandise is $250 or more but less than 03 $2,000 [$750] and, within the preceding five years, the person has been 04 convicted and sentenced on two or more separate occasions in this or another 05 jurisdiction of 06 (i) the offense of concealment of merchandise under 07 this paragraph or (2)(A) of this subsection, or an offense under another 08 law or ordinance with similar elements; or 09 (ii) an offense under AS 11.46.120, 11.46.130, or 10 11.46.140(a)(1), or an offense under another law or ordinance with 11 similar elements; 12 (2) a class A misdemeanor if 13 (A) the value of the merchandise is $250 or more but less than 14 $2,000 [$750]; or 15 (B) the value of the merchandise is less than $250 and, within 16 the preceding five years, the person has been convicted and sentenced on two 17 or more separate occasions of the offense of concealment of merchandise or 18 theft in any degree, or an offense under another law or ordinance with similar 19 elements; 20 (3) a class B misdemeanor if the value of the merchandise is less than 21 $250. 22 * Sec. 6. AS 11.46.260(b) is amended to read: 23 (b) Removal of identification marks is 24 (1) a class C felony if the value of the property on which the serial 25 number or identification mark appeared is $2,000 [$750] or more; 26 (2) a class A misdemeanor if the value of the property on which the 27 serial number or identification mark appeared is $250 or more but less than $2,000 28 [$750]; 29 (3) a class B misdemeanor if the value of the property on which the 30 serial number or identification mark appeared is less than $250. 31 * Sec. 7. AS 11.46.270(b) is amended to read:
01 (b) Unlawful possession is 02 (1) a class C felony if the value of the property on which the serial 03 number or identification mark appeared is $2,000 [$750] or more; 04 (2) a class A misdemeanor if the value of the property on which the 05 serial number or identification mark appeared is $250 or more but less than $2,000 06 [$750]; 07 (3) a class B misdemeanor if the value of the property on which the 08 serial number or identification mark appeared is less than $250. 09 * Sec. 8. AS 11.46.280(d) is amended to read: 10 (d) Issuing a bad check is 11 (1) a class B felony if the face amount of the check is $25,000 or more; 12 (2) a class C felony if the face amount of the check is $2,000 [$750] or 13 more but less than $25,000; 14 (3) a class A misdemeanor if the face amount of the check is $250 or 15 more but less than $2,000 [$750]; 16 (4) a class B misdemeanor if the face amount of the check is less than 17 $250. 18 * Sec. 9. AS 11.46.285(b) is amended to read: 19 (b) Fraudulent use of an access device is 20 (1) a class B felony if the value of the property or services obtained is 21 $25,000 or more; 22 (2) a class C felony if the value of the property or services obtained is 23 $50 [$750] or more but less than $25,000; 24 (3) a class A misdemeanor if the value of the property or services 25 obtained is less than $50 [$750]. 26 * Sec. 10. AS 11.46.460 is amended to read: 27 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 28 the offense [CRIME] of disregard of a highway obstruction if, without the right to do 29 so or a reasonable ground to believe the person has the right, the person 30 (1) drives a vehicle through, over, or around an obstruction erected on 31 [UPON] a highway under authority of AS 19.10.100; or
01 (2) opens an obstruction erected on [UPON] a highway under authority 02 of AS 19.10.100. 03 (b) Violation of this section is a violation punishable by a fine of not more 04 than $1,000 [CLASS B MISDEMEANOR]. 05 * Sec. 11. AS 11.46.482(a) is amended to read: 06 (a) A person commits the crime of criminal mischief in the third degree if, 07 having no right to do so or any reasonable ground to believe the person has such a 08 right, 09 (1) with intent to damage property of another, the person damages 10 property of another in an amount of $2,000 [$750] or more; 11 (2) the person recklessly creates a risk of damage in an amount 12 exceeding $100,000 to property of another by the use of widely dangerous means; or 13 (3) the person knowingly 14 (A) defaces, damages, or desecrates a cemetery or the contents 15 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 16 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 17 memorial appears to be abandoned, lost, or neglected; 18 (B) removes human remains or associated burial artifacts from 19 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 20 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 21 * Sec. 12. AS 11.46.484(a) is amended to read: 22 (a) A person commits the crime of criminal mischief in the fourth degree if, 23 having no right to do so or any reasonable ground to believe the person has such a 24 right 25 (1) with intent to damage property of another, the person damages 26 property of another in an amount of $250 or more but less than $2,000 [$750]; 27 (2) the person tampers with a fire protection device in a building that is 28 a public place; 29 (3) the person knowingly accesses a computer, computer system, 30 computer program, computer network, or part of a computer system or network; 31 (4) the person uses a device to descramble an electronic signal that has
01 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 02 device is used only to descramble signals received directly from a satellite or unless 03 the person owned the device before September 18, 1984; or 04 (5) the person knowingly removes, relocates, defaces, alters, obscures, 05 shoots at, destroys, or otherwise tampers with an official traffic control device or 06 damages the work on [UPON] a highway under construction. 07 * Sec. 13. AS 11.46.530(b) is amended to read: 08 (b) Criminal simulation is 09 (1) a class C felony if the value of what the object purports to represent 10 is $2,000 [$750] or more; 11 (2) a class A misdemeanor if the value of what the object purports to 12 represent is $250 or more but less than $2,000 [$750]; 13 (3) a class B misdemeanor if the value of what the object purports to 14 represent is less than $250. 15 * Sec. 14. AS 11.46.620(d) is amended to read: 16 (d) Misapplication of property is 17 (1) a class C felony if the value of the property misapplied is $2,000 18 [$750] or more; 19 (2) a class A misdemeanor if the value of the property misapplied is 20 less than $2,000 [$750]. 21 * Sec. 15. AS 11.46.730(c) is amended to read: 22 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 23 judgment creditor, or creditor incurs a pecuniary loss of $2,000 [$750] or more as a 24 result of [TO] the defendant's conduct, in which case defrauding secured creditors is 25 (1) a class B felony if the loss is $25,000 or more; 26 (2) a class C felony if the loss is $2,000 [$750] or more but less than 27 $25,000. 28 * Sec. 16. AS 11.56.730 is amended by adding a new subsection to read: 29 (d) In a prosecution for failure to appear under (a) of this section, it is not a 30 defense that the defendant was not provided or did not receive a notice or reminder 31 notification from a court or judicial officer under Rule 38(d), Alaska Rules of
01 Criminal Procedure. 02 * Sec. 17. AS 11.56.757(a) is amended to read: 03 (a) A person commits the offense [CRIME] of violation of condition of 04 release if the person 05 (1) has been charged with a crime or convicted of a crime; 06 (2) has been released under AS 12.30; and 07 (3) violates a condition of release imposed by a judicial officer under 08 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 09 * Sec. 18. AS 11.56.757(b) is amended to read: 10 (b) Violation of condition of release is a violation punishable by a fine of up 11 to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED 12 FROM A CHARGE OR CONVICTION OF A FELONY; 13 (2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED 14 FROM A CHARGE OR CONVICTION OF A MISDEMEANOR]. 15 * Sec. 19. AS 11.56.759(a) is amended to read: 16 (a) A person commits the crime of violation by sex offender of condition of 17 probation if the person 18 (1) is on probation for conviction of a sex offense; 19 (2) has served the entire term of incarceration imposed for conviction 20 of the sex offense; and 21 (3) violates a condition of probation imposed under 22 AS 12.55.100(a)(2)(E), (a)(2)(F) [AS 12.55.100(a)(5), (a)(6)], or (e), 12.55.101(a)(1), 23 or any other condition imposed by the court that the court finds to be specifically 24 related to the defendant's offense. 25 * Sec. 20. AS 11.61.110(c) is amended to read: 26 (c) Disorderly conduct is a class B misdemeanor and is punishable by a 27 definite term [AS AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE] of 28 imprisonment [, IF IMPOSED, SHALL BE FOR A DEFINITE TERM] of not more 29 than 24 hours [10 DAYS]. 30 * Sec. 21. AS 11.61.145(d) is amended to read: 31 (d) Promoting an exhibition of fighting animals
01 (1) under (a)(1) or (2) of this section is a class C felony; 02 (2) under (a)(3) of this section is 03 (A) a violation 04 (i) for the first offense; 05 (ii) punishable by a fine of not more than $1,000 [, A 06 CLASS B MISDEMEANOR] for the second offense; [,] and 07 (B) a class A misdemeanor for the third and each subsequent 08 offense. 09 * Sec. 22. AS 11.61.150(a) is amended to read: 10 (a) A person commits the offense [CRIME] of obstruction of highways if the 11 person knowingly 12 (1) places, drops, or permits to drop on a highway any substance that 13 creates a substantial risk of physical injury to others using the highway; or 14 (2) renders a highway impassable or passable only with unreasonable 15 inconvenience or hazard. 16 * Sec. 23. AS 11.61.150(c) is amended to read: 17 (c) Obstruction of highways is a violation punishable by a fine of not more 18 than $1,000 [CLASS B MISDEMEANOR]. 19 * Sec. 24. AS 11.66.200(c) is amended to read: 20 (c) Gambling is a violation 21 (1) for the first offense; 22 (2) punishable by a fine of not more than $1,000 [. GAMBLING IS 23 A CLASS B MISDEMEANOR] for the second and each subsequent offense. 24 * Sec. 25. AS 11.71.030(a) is amended to read: 25 (a) Except as authorized in AS 17.30, a person commits the crime of 26 misconduct involving a controlled substance in the second [THIRD] degree if the 27 person 28 (1) [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER 29 AS 11.71.020(a)(2) - (6),] manufactures or delivers 2.5 grams or more [ANY 30 AMOUNT] of a schedule IA, IIA, or IIIA controlled substance or possesses 2.5 31 grams or more [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance
01 with intent to manufacture or deliver; 02 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 03 substance to a person under 19 years of age who is at least three years younger than 04 the person delivering the substance; [OR] 05 (3) possesses any amount of a schedule IA or IIA controlled substance 06 (A) with reckless disregard that the possession occurs 07 (i) on or within 500 feet of school grounds; or 08 (ii) at or within 500 feet of a recreation or youth center; 09 or 10 (B) on a school bus; 11 (4) manufactures any material, compound, mixture, or 12 preparation that contains 13 (A) methamphetamine, or its salts, isomers, or salts of 14 isomers; or 15 (B) an immediate precursor of methamphetamine, or its 16 salts, isomers, or salts of isomers; 17 (5) possesses an immediate precursor of methamphetamine, or the 18 salts, isomers, or salts of isomers of the immediate precursor of 19 methamphetamine, with the intent to manufacture any material, compound, 20 mixture, or preparation that contains methamphetamine, or its salts, isomers, or 21 salts of isomers; 22 (6) possesses a listed chemical with intent to manufacture any 23 material, compound, mixture, or preparation that contains 24 (A) methamphetamine, or its salts, isomers, or salts of 25 isomers; or 26 (B) an immediate precursor of methamphetamine, or its 27 salts, isomers, or salts of isomers; 28 (7) possesses methamphetamine in an organic solution with intent 29 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 30 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 31 delivers
01 (A) an immediate precursor of methamphetamine, or the 02 salts, isomers, or salts of isomers of the immediate precursor of 03 methamphetamine, to another person with reckless disregard that the 04 precursor will be used to manufacture any material, compound, mixture, 05 or preparation that contains methamphetamine, or its salts, isomers, or 06 salts of isomers; or 07 (B) a listed chemical to another person with reckless 08 disregard that the listed chemical will be used to manufacture any 09 material, compound, mixture, or preparation that contains 10 (i) methamphetamine, or its salts, isomers, or salts of 11 isomers; 12 (ii) an immediate precursor of methamphetamine, or 13 its salts, isomers, or salts of isomers; or 14 (iii) methamphetamine or its salts, isomers, or salts 15 of isomers in an organic solution. 16 * Sec. 26. AS 11.71.030(c) is amended to read: 17 (c) Misconduct involving a controlled substance in the second [THIRD] 18 degree is a class B felony. 19 * Sec. 27. AS 11.71.030 is amended by adding new subsections to read: 20 (d) In a prosecution under (a) of this section, possession of more than six 21 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 22 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 23 the person intended to use the listed chemicals to manufacture, aid or abet another 24 person to manufacture, or deliver to another person who intends to manufacture 25 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 26 of methamphetamine or its immediate precursors. The prima facie evidence described 27 in this subsection does not apply to a person who possesses 28 (1) the listed chemicals ephedrine, pseudoephedrine, 29 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 30 (A) and the listed chemical was dispensed to the person under a 31 valid prescription; or
01 (B) in the ordinary course of a legitimate business, or an 02 employee of a legitimate business, as a 03 (i) retailer or wholesaler; 04 (ii) wholesale drug distributor licensed by the Board of 05 Pharmacy; 06 (iii) manufacturer of drug products licensed by the 07 Board of Pharmacy; 08 (iv) pharmacist licensed by the Board of Pharmacy; or 09 (v) health care professional licensed by the state; or 10 (2) less than 24 grams of ephedrine, pseudoephedrine, 11 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 12 kept in a locked storage area on the premises of a legitimate business or nonprofit 13 organization operating a camp, lodge, school, day care center, treatment center, or 14 other organized group activity, and the location or nature of the activity, or the age of 15 the participants, makes it impractical for the participants in the activity to obtain 16 medicinal products. 17 (e) In this section, "listed chemical" means a chemical described under 18 AS 11.71.200. 19 * Sec. 28. AS 11.71.040(a) is amended to read: 20 (a) Except as authorized in AS 17.30, a person commits the crime of 21 misconduct involving a controlled substance in the third [FOURTH] degree if the 22 person 23 (1) manufactures or delivers any amount of a schedule IVA or VA 24 controlled substance or possesses any amount of a schedule IVA or VA controlled 25 substance with intent to manufacture or deliver; 26 (2) manufactures or delivers, or possesses with the intent to 27 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 28 of an aggregate weight of one ounce or more containing a schedule VIA controlled 29 substance; 30 (3) possesses 31 (A) any amount of a
01 (i) schedule IA controlled substance; or 02 (ii) IIA controlled substance except a controlled 03 substance listed in AS 11.71.150(e)(11) - (15); 04 (B) 25 or more tablets, ampules, or syrettes containing a 05 schedule IIIA or IVA controlled substance; 06 (C) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of 08 (i) three grams or more containing a schedule IIIA or 09 IVA controlled substance except a controlled substance in a form listed 10 in (ii) of this subparagraph; 11 (ii) 12 grams or more containing a schedule IIIA 12 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 13 sprayed on or otherwise applied to tobacco, an herb, or another organic 14 material; or 15 (iii) 500 milligrams or more of a schedule IIA 16 controlled substance listed in AS 11.71.150(e)(11) - (15); 17 (D) 50 or more tablets, ampules, or syrettes containing a 18 schedule VA controlled substance; 19 (E) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of six grams or more containing a schedule 21 VA controlled substance; 22 (F) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of four ounces or more containing a 24 schedule VIA controlled substance; or 25 (G) 25 or more plants of the genus cannabis; 26 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 27 (A) with reckless disregard that the possession occurs 28 (i) on or within 500 feet of school grounds; or 29 (ii) at or within 500 feet of a recreation or youth center; 30 or 31 (B) on a school bus;
01 (5) knowingly keeps or maintains any store, shop, warehouse, 02 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 03 keeping or distributing controlled substances in violation of a felony offense under this 04 chapter or AS 17.30; 05 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 06 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 07 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 08 drug container, or labeling so as to render the drug a counterfeit substance; 09 (7) knowingly uses in the course of the manufacture or distribution of a 10 controlled substance a registration number that is fictitious, revoked, suspended, or 11 issued to another person; 12 (8) knowingly furnishes false or fraudulent information in or omits 13 material information from any application, report, record, or other document required 14 to be kept or filed under AS 17.30; 15 (9) obtains possession of a controlled substance by misrepresentation, 16 fraud, forgery, deception, or subterfuge; [OR] 17 (10) affixes a false or forged label to a package or other container 18 containing any controlled substance; or 19 (11) manufactures or delivers less than 2.5 grams of a schedule IA, 20 IIA, or IIIA controlled substance or possesses less than 2.5 grams of a schedule 21 IA, IIA, or IIIA controlled substance with intent to manufacture or deliver. 22 * Sec. 29. AS 11.71.040(d) is amended to read: 23 (d) Misconduct involving a controlled substance in the third [FOURTH] 24 degree is a class C felony. 25 * Sec. 30. AS 11.71.050 is amended to read: 26 Sec. 11.71.050. Misconduct involving a controlled substance in the fourth 27 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime 28 of misconduct involving a controlled substance in the fourth [FIFTH] degree if the 29 person 30 (1) manufactures or delivers, or possesses with the intent to 31 manufacture or deliver, one or more preparations, compounds, mixtures, or substances
01 of an aggregate weight of less than one ounce containing a schedule VIA controlled 02 substance; 03 (2) possesses 04 (A) less than 25 tablets, ampules, or syrettes containing a 05 schedule IIIA or IVA controlled substance; 06 (B) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of less than 08 (i) three grams containing a schedule IIIA or IVA 09 controlled substance except a controlled substance in a form listed in 10 (ii) of this subparagraph; 11 (ii) 12 grams but more than six grams containing a 12 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 13 that has been sprayed on or otherwise applied to tobacco, an herb, or 14 another organic material; or 15 (iii) 500 milligrams containing a schedule IIA 16 controlled substance listed in AS 11.71.150(e)(11) - (15); 17 (C) less than 50 tablets, ampules, or syrettes containing a 18 schedule VA controlled substance; 19 (D) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of less than six grams containing a schedule 21 VA controlled substance; or 22 (E) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of one ounce or more containing a schedule 24 VIA controlled substance; [OR] 25 (3) fails to make, keep, or furnish any record, notification, order form, 26 statement, invoice, or information required under AS 17.30; or 27 (4) under circumstances not proscribed under 28 AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA, or 29 VA controlled substance. 30 (b) Misconduct involving a controlled substance in the fourth [FIFTH] degree 31 is a class A misdemeanor.
01 * Sec. 31. AS 11.71.060 is amended to read: 02 Sec. 11.71.060. Misconduct involving a controlled substance in the fifth 03 [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime 04 of misconduct involving a controlled substance in the fifth [SIXTH] degree if the 05 person 06 (1) uses or displays any amount of a schedule VIA controlled 07 substance; 08 (2) possesses one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of 10 (A) less than one ounce containing a schedule VIA controlled 11 substance; 12 (B) six grams or less containing a schedule IIIA controlled 13 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 14 otherwise applied to tobacco, an herb, or another organic material; or 15 (3) refuses entry into a premise for an inspection authorized under 16 AS 17.30. 17 (b) Misconduct involving a controlled substance in the fifth [SIXTH] degree 18 is a class B misdemeanor. 19 * Sec. 32. AS 11.71.311(a) is amended to read: 20 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 21 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 22 11.71.060(a)(1) or (2) if that person 23 (1) sought, in good faith, medical or law enforcement assistance for 24 another person who the person reasonably believed was experiencing a drug overdose 25 and 26 (A) the evidence supporting the prosecution for an offense 27 under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) 28 OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered 29 as a result of the person seeking medical or law enforcement assistance; 30 (B) the person remained at the scene with the other person until 31 medical or law enforcement assistance arrived; and
01 (C) the person cooperated with medical or law enforcement 02 personnel, including by providing identification; 03 (2) was experiencing a drug overdose and sought medical assistance, 04 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 05 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 06 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 07 medical assistance. 08 * Sec. 33. AS 12.25.180 is amended to read: 09 Sec. 12.25.180. When peace officer may issue citation or take person 10 before the court. (a) When a peace officer stops or contacts a person for the 11 commission of a class C felony offense that is not a crime against a person under 12 AS 11.41, arson in the third degree under AS 11.46.420, a misdemeanor, or the 13 violation of a municipal ordinance, the officer shall [MAY, IN THE OFFICER'S 14 DISCRETION,] issue a citation to the person instead of taking the person before a 15 judge or magistrate under AS 12.25.150, unless 16 (1) the person does not furnish satisfactory evidence of identity; 17 (2) the contacting officer reasonably believes the person is a danger to 18 self or others; 19 (3) the crime for which the person is contacted is one involving 20 violence or harm to another person or to property; 21 (4) [THE PERSON ASKS TO BE TAKEN BEFORE A JUDGE OR 22 MAGISTRATE UNDER AS 12.25.150; OR 23 (5)] the peace officer has probable cause to believe the person 24 committed a crime against a person under AS 11.41, a sexual offense, theft in the 25 second degree under AS 11.46.130, escape under AS 11.56.300 - 11.56.330, 26 unlawful evasion under AS 11.56.335 or 11.56.340, unlawful contact under 27 AS 11.56.750 or 11.56.755, or a crime involving domestic violence; in this paragraph, 28 (A) "crime involving domestic violence" has the meaning given 29 in AS 18.66.990; and 30 (B) "sexual offense" means an offense defined in 31 AS 11.41.410 - 11.41.470;
01 (5) the person refuses to accept service of the citation; 02 (6) the contacting officer reasonably believes there is a risk the 03 defendant will fail to appear in court; or 04 (7) the peace officer is required to arrest the person under another 05 provision of law. 06 (b) When a peace officer stops or contacts a person for the commission of an 07 infraction or a violation, the officer shall issue a citation instead of taking the person 08 before a judge or magistrate under AS 12.25.150, unless 09 (1) the person does not furnish satisfactory evidence of identity; [OR] 10 (2) the person refuses to accept service of the citation; 11 (3) the peace officer has probable cause to believe the person has 12 committed a violation of conditions of release under AS 11.56.757; or 13 (4) the violation is disorderly conduct under AS 11.61.110, in 14 which case the peace officer may make an arrest, but the person may be held for 15 not more than 24 hours after arrest. 16 * Sec. 34. AS 12.25.180 is amended by adding a new subsection to read: 17 (c) A person may not bring a civil action for damages for a failure to comply 18 with the provisions of this section. 19 * Sec. 35. AS 12.25.190(b) is amended to read: 20 (b) The time specified in the notice to appear shall be at least two [FIVE] 21 working days after the issuance of the citation. 22 * Sec. 36. AS 12.30.006(c) is amended to read: 23 (c) A person who remains in custody 48 hours after appearing before a judicial 24 officer because of inability to meet the conditions of release shall, upon application, be 25 entitled to have the conditions reviewed by the judicial officer who imposed them. If 26 the judicial officer who imposed the conditions of release is not available, any judicial 27 officer in the judicial district may review the conditions. Upon review of the 28 conditions, the judicial officer shall revise any conditions of release that have 29 prevented the defendant from being released unless the judicial officer finds on 30 the record that there is clear and convincing evidence that less restrictive release 31 conditions cannot reasonably ensure the
01 (1) appearance of the person in court; and 02 (2) safety of the victim, other persons, and the community. 03 * Sec. 37. AS 12.30.006(d) is amended to read: 04 (d) If a person remains in custody after review of conditions by a judicial 05 officer under (c) of this section, the person may request a subsequent review of 06 conditions. Unless the prosecuting authority stipulates otherwise or the person has 07 been incarcerated for a period equal to the maximum sentence for the most serious 08 charge for which the person is being held, a judicial officer may not schedule a bail 09 review hearing under this subsection unless 10 (1) the person provides to the court and the prosecuting authority a 11 written statement that new information not considered at the previous review will be 12 presented at the hearing; the statement must include a description of the information 13 and the reason the information was not presented at a previous hearing; in this 14 paragraph, "new information" includes [DOES NOT INCLUDE] the person's 15 inability to post the required bail; 16 (2) the prosecuting authority and any surety, if applicable, have at least 17 48 hours' written notice before the time set for the review requested under this 18 subsection; the defendant shall notify the surety; and 19 (3) at least seven days have elapsed between the previous review and 20 the time set for the requested review; however, a person may only receive one bail 21 review hearing for new information relating to the person's inability to post the 22 required bail. 23 * Sec. 38. AS 12.30.006(f) is amended to read: 24 (f) The judicial officer shall issue written or oral findings that explain the 25 reasons the officer imposed the particular conditions of release or modifications or 26 additions to conditions previously imposed. The judicial officer shall inform the 27 person that a law enforcement officer or a pretrial services officer under AS 33.07 28 may arrest the person without a warrant for violation of the court's order establishing 29 conditions of release. 30 * Sec. 39. AS 12.30.006 is amended by adding a new subsection to read: 31 (h) The first appearance under (a) and (b) of this section shall take place
01 within 24 hours after a person's arrest absent compelling circumstances, and in no 02 instance shall the first appearance take place more than 48 hours after a person's arrest. 03 * Sec. 40. AS 12.30.011 is amended to read: 04 Sec. 12.30.011. Release before trial. (a) A [EXCEPT AS OTHERWISE 05 PROVIDED IN THIS CHAPTER, A] judicial officer shall order a person charged 06 with an offense to be released on the person's personal recognizance, [OR] upon 07 execution of an unsecured appearance bond, or upon execution of an unsecured 08 performance bond if [ON THE CONDITION THAT THE PERSON] 09 (1) the pretrial services officer, in a report required under 10 AS 33.07, determined that the person is a low or moderate risk defendant and the 11 person has been charged with a misdemeanor, or that the person is a low risk 12 defendant and has been charged with a class C felony; and 13 (2) the person has not been charged with an offense under 14 (A) AS 11.41; 15 (B) AS 11.56.730; 16 (C) AS 11.56.757; 17 (D) AS 18.66.990 that involves domestic violence; 18 (E) AS 28.35.030; or 19 (F) AS 28.35.032 [OBEY ALL COURT ORDERS AND ALL 20 FEDERAL, STATE, AND LOCAL LAWS; (2) APPEAR IN COURT WHEN 21 ORDERED; 22 (3) IF REPRESENTED, MAINTAIN CONTACT WITH THE 23 PERSON'S LAWYER; AND 24 (4) NOTIFY THE PERSON'S LAWYER, WHO SHALL NOTIFY 25 THE PROSECUTING AUTHORITY AND THE COURT, NOT MORE THAN 24 26 HOURS AFTER THE PERSON CHANGES RESIDENCE]. 27 (b) [IF A JUDICIAL OFFICER DETERMINES THAT THE RELEASE 28 UNDER (a) OF THIS SECTION WILL NOT REASONABLY ASSURE THE 29 APPEARANCE OF THE PERSON OR WILL POSE A DANGER TO THE VICTIM, 30 OTHER PERSONS, OR THE COMMUNITY, THE OFFICER SHALL IMPOSE 31 THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL
01 REASONABLY ASSURE THE PERSON'S APPEARANCE AND PROTECT THE 02 VICTIM, OTHER PERSONS, AND THE COMMUNITY]. In addition to other 03 conditions under [(a) OF] this section, the judicial officer may, singly or in 04 combination, 05 (1) [REQUIRE THE EXECUTION OF AN APPEARANCE BOND 06 IN A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED INTO THE 07 REGISTRY OF THE COURT, IN A SUM NOT TO EXCEED 10 PERCENT OF 08 THE AMOUNT OF THE BOND; 09 (2) REQUIRE THE EXECUTION OF A BAIL BOND WITH 10 SUFFICIENT SOLVENT SURETIES OR THE DEPOSIT OF CASH; 11 (3) REQUIRE THE EXECUTION OF A PERFORMANCE BOND IN 12 A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED IN THE REGISTRY OF 13 THE COURT; (4)] place restrictions on the person's travel, association, or residence; 14 (2) [(5)] order the person to refrain from possessing a deadly weapon 15 on the person or in the person's vehicle or residence; 16 (3) [(6)] require the person to maintain employment or, if unemployed, 17 actively seek employment; 18 (4) [(7)] require the person to notify the person's lawyer and the 19 prosecuting authority within two business days after any change in employment; 20 (5) [(8)] require the person to avoid all contact with a victim, a 21 potential witness, or a codefendant; 22 (6) [(9)] require the person to refrain from the consumption and 23 possession of alcoholic beverages; 24 (7) [(10)] require the person to refrain from the use of a controlled 25 substance as defined by AS 11.71, unless prescribed by a licensed health care provider 26 with prescriptive authority; 27 (8) [(11)] require the person to be physically inside the person's 28 residence, or in the residence of the person's third-party custodian, at time periods set 29 by the court, subject to AS 12.30.021; 30 (9) [(12)] require the person to keep regular contact with a pretrial 31 services officer or law enforcement officer or agency;
01 (10) [(13)] order the person to refrain from entering or remaining in 02 premises licensed under AS 04; 03 (11) [(14)] place the person in the custody of an individual who agrees 04 to serve as a third-party custodian of the person as provided in AS 12.30.021; 05 (12) [(15)] if the person is under the treatment of a licensed health care 06 provider, order the person to follow the provider's treatment recommendations; 07 (13) [(16)] order the person to take medication that has been prescribed 08 for the person by a licensed health care provider with prescriptive authority; 09 (14) [(17)] order the person to comply with any other condition that is 10 reasonably necessary to assure the appearance of the person and to assure the safety of 11 the victim, other persons, and the community; 12 (15) [(18)] require the person to comply with a program established 13 under AS 47.38.020 if the person has been charged with an alcohol-related or 14 substance-abuse-related offense that is an unclassified felony, a class A felony, a 15 sexual felony, or a crime involving domestic violence. 16 (c) In determining the conditions of release under this chapter, the court shall 17 consider the following: 18 (1) the nature and circumstances of the offense charged; 19 (2) the weight of the evidence against the person; 20 (3) the nature and extent of the person's family ties and relationships; 21 (4) the person's employment status and history; 22 (5) the length and character of the person's past and present residence; 23 (6) the person's record of convictions; 24 (7) the person's record of appearance at court proceedings; 25 (8) assets available to the person to meet monetary conditions of 26 release; 27 (9) the person's reputation, character, and mental condition; 28 (10) the effect of the offense on the victim, any threats made to the 29 victim, and the danger that the person poses to the victim; 30 (11) any other facts that are relevant to the person's appearance or the 31 person's danger to the victim, other persons, or the community;
01 (12) the conditions of release recommended by the pretrial services 02 officer; 03 (13) the person's pretrial risk assessment score. 04 (d) In making a finding regarding the release of a person under this chapter, 05 [(1) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,] the burden of 06 proof is on the prosecuting authority that a person charged with an offense should be 07 detained or released with conditions described in [(b) OF] this section or AS 12.30.016 08 [; 09 (2) THERE IS A REBUTTABLE PRESUMPTION THAT NO 10 CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY 11 ASSURE THE APPEARANCE OF THE PERSON OR THE SAFETY OF THE 12 VICTIM, OTHER PERSONS, OR THE COMMUNITY, IF THE PERSON IS 13 (A) CHARGED WITH AN UNCLASSIFIED FELONY, A 14 CLASS A FELONY, A SEXUAL FELONY, OR A FELONY UNDER 15 AS 28.35.030 OR 28.35.032; 16 (B) CHARGED WITH A FELONY CRIME AGAINST A 17 PERSON UNDER AS 11.41, WAS PREVIOUSLY CONVICTED OF A 18 FELONY CRIME AGAINST A PERSON UNDER AS 11.41 IN THIS 19 STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION, AND 20 LESS THAN FIVE YEARS HAVE ELAPSED BETWEEN THE DATE OF 21 THE PERSON'S UNCONDITIONAL DISCHARGE ON THE 22 IMMEDIATELY PRECEDING OFFENSE AND THE COMMISSION OF 23 THE PRESENT OFFENSE; 24 (C) CHARGED WITH A FELONY OFFENSE COMMITTED 25 WHILE THE PERSON WAS ON RELEASE UNDER THIS CHAPTER FOR 26 A CHARGE OR CONVICTION OF ANOTHER OFFENSE; 27 (D) CHARGED WITH A CRIME INVOLVING DOMESTIC 28 VIOLENCE, AND HAS BEEN CONVICTED IN THE PREVIOUS FIVE 29 YEARS OF A CRIME INVOLVING DOMESTIC VIOLENCE IN THIS 30 STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION; 31 (E) ARRESTED IN CONNECTION WITH AN
01 ACCUSATION THAT THE PERSON COMMITTED A FELONY OUTSIDE 02 THE STATE OR IS A FUGITIVE FROM JUSTICE FROM ANOTHER 03 JURISDICTION, AND THE COURT IS CONSIDERING RELEASE UNDER 04 AS 12.70]. 05 * Sec. 41. AS 12.30.011 is amended by adding new subsections to read: 06 (e) Except as provided in (f) of this section, a judicial officer may order that a 07 person charged with an offense, in addition to other conditions imposed under this 08 section, be released 09 (1) on the person's own recognizance; 10 (2) upon execution of an unsecured appearance bond; or 11 (3) upon execution of an unsecured performance bond. 12 (f) A judicial officer shall order a person charged with an offense released on 13 the person's own recognizance upon execution of an unsecured appearance bond, or 14 unsecured performance bond, unless the judicial officer makes a finding on the record 15 that there is clear and convincing evidence that no nonmonetary conditions of release 16 in combination with the release of the person on the person's own recognizance can 17 reasonably ensure the appearance of the person in court and the safety of the victim, 18 other persons, and the community, if the person 19 (1) has been assessed by a pretrial services officer under AS 33.07 as a 20 (A) low risk defendant, unless the defendant is required to be 21 released as provided in (a) and (b) of this section; 22 (B) high risk defendant, and the defendant has been charged 23 with a misdemeanor that does not include an offense under 24 (i) AS 11.41; 25 (ii) AS 11.56.340; 26 (iii) AS 11.56.730; 27 (iv) AS 11.56.750; 28 (v) AS 11.56.757; 29 (vi) AS 11.61.210; 30 (vii) AS 11.61.220; 31 (viii) AS 18.66.990 that involves domestic violence;
01 (ix) AS 28.35.030; or 02 (x) AS 28.35.032; 03 (C) moderate to high risk defendant, and the defendant has 04 been charged with a class C felony that does not include an offense under 05 (i) AS 11.41; 06 (ii) AS 11.56.320; 07 (iii) AS 11.56.335; 08 (iv) AS 11.56.730; 09 (v) AS 11.56.757; 10 (vi) AS 11.56.810; 11 (vii) AS 11.61.127; 12 (viii) AS 11.61.200; 13 (ix) AS 11.66.130; 14 (x) AS 18.66.990 that involves domestic violence; 15 (xi) AS 28.35.030; or 16 (xii) AS 28.35.032; 17 (D) low to moderate risk defendant, and the defendant has been 18 charged with an offense under AS 11.56.757; or 19 (2) has been charged with an offense under AS 28.35.030 or 20 28.35.032. 21 (g) A person released under this section shall be released on the condition that 22 the person 23 (1) obey all court orders; 24 (2) obey all laws; 25 (3) make all court appearances; 26 (4) maintain contact with the person's pretrial services officer, if one is 27 appointed by the court, and follow the pretrial services officer's instructions; 28 (5) maintain contact with the person's attorney; 29 (6) notify the person's attorney or, if the person is not represented by 30 an attorney, the pretrial services officer or the court within 24 hours after a change in 31 the person's residence.
01 (h) If a person charged with an offense is not required under this section to be 02 released on the person's own recognizance upon execution of an unsecured appearance 03 bond or unsecured performance bond, a judicial officer may, singly or in combination, 04 require that the person deposit with the court and execute 05 (1) an appearance bond with a 10 percent posting of the specified 06 amount of the bond with the condition that the deposit be returned upon the 07 performance of the conditions of release set by the court; 08 (2) a bail bond with a 10 percent posting of sufficient solvent sureties 09 or the deposit of cash; or 10 (3) a performance bond in an amount specified by the court with the 11 condition that the deposit be returned upon the performance of the conditions of 12 release set by the court. 13 (i) In addition to other conditions under this section, a judicial officer may 14 impose additional conditions of release and may require supervision of those 15 conditions of release by a pretrial services officer to ensure compliance with the 16 conditions of release if the conditions are the least restrictive conditions that will 17 reasonably ensure the appearance of the person in court and the safety of the victim 18 and the community. 19 * Sec. 42. AS 12.30.016(b) is amended to read: 20 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 21 AS 28.35.030, or 28.35.032, a judicial officer may order the person 22 (1) to refrain from 23 (A) consuming alcoholic beverages; or 24 (B) possessing on the person, in the person's residence, or in 25 any vehicle or other property over which the person has control, alcoholic 26 beverages; 27 (2) to submit to a search without a warrant of the person, the person's 28 personal property, the person's residence, or any vehicle or other property over which 29 the person has control, for the presence of alcoholic beverages by a peace officer or 30 pretrial services officer who has reasonable suspicion that the person is violating the 31 conditions of the person's release by possessing alcoholic beverages;
01 (3) to submit to a breath test when requested by a law enforcement 02 officer; 03 (4) to provide a sample for a urinalysis or blood test when requested by 04 a law enforcement officer; 05 (5) to take a drug or combination of drugs intended to prevent 06 substance abuse; 07 (6) to follow any treatment plan imposed by the court under 08 AS 28.35.028; 09 (7) to comply with a program established under AS 47.38.020. 10 * Sec. 43. AS 12.30.016(c) is amended to read: 11 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 12 officer may order the person 13 (1) to refrain from 14 (A) consuming a controlled substance; or 15 (B) possessing on the person, in the person's residence, or in 16 any vehicle or other property over which the person has control, a controlled 17 substance or drug paraphernalia; 18 (2) to submit to a search without a warrant of the person, the person's 19 personal property, the person's residence, or any vehicle or other property over which 20 the person has control, for the presence of a controlled substance or drug paraphernalia 21 by a peace officer or pretrial services officer who has reasonable suspicion that the 22 person is violating the terms of the person's release by possessing controlled 23 substances or drug paraphernalia; 24 (3) to enroll in a random drug testing program, at the person's expense, 25 with testing to occur not less than once a week, or to submit to random drug 26 testing by the pretrial services office in the Department of Corrections to detect 27 the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS 28 THAN ONCE A WEEK, AND] with the results being submitted to the court and the 29 prosecuting authority; 30 (4) to refrain from entering or remaining in a place where a controlled 31 substance is being used, manufactured, grown, or distributed;
01 (5) to refrain from being physically present at, within a two-block area 02 of, or within a designated area near, the location where the alleged offense occurred or 03 at other designated places, unless the person actually resides within that area; 04 (6) to refrain from the use or possession of an inhalant; or 05 (7) to comply with a program established under AS 47.38.020. 06 * Sec. 44. AS 12.30.016(d) is amended to read: 07 (d) In a prosecution charging misconduct involving a controlled substance 08 under AS 11.71.020(a)(4) [AS 11.71.020(a)(2)] for the manufacture of 09 methamphetamine, or its salts, isomers, or salts of isomers, if the person has been 10 previously convicted in this or another jurisdiction of a crime involving the 11 manufacturing, delivering, or possessing of methamphetamine, or its salts, isomers, or 12 salts of isomers, a judicial officer shall require the posting of a minimum of $250,000 13 cash bond before the person may be released. The judicial officer may reduce this 14 requirement if the person proves to the satisfaction of the officer that the person's only 15 role in the offense was as an aider or abettor and that the person did not stand to 16 benefit financially from the manufacturing. 17 * Sec. 45. AS 12.30.021(a) is amended to read: 18 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 19 a judicial officer may appoint a third-party custodian if the officer finds, on the 20 record, that 21 (1) pretrial supervision under AS 33.07 is not available in the 22 person's location; 23 (2) no secured appearance or performance bonds have been 24 ordered; and 25 (3) no other conditions of release or combination of conditions can 26 [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER 27 CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety 28 of the victim, other persons, and the community. 29 * Sec. 46. AS 12.30.021(c) is amended to read: 30 (c) A judicial officer may not appoint a person as a third-party custodian if 31 (1) the proposed custodian is acting as a third-party custodian for
01 another person; 02 (2) the proposed custodian has been convicted in the previous three 03 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 04 (3) criminal charges are pending in this state or another jurisdiction 05 against the proposed custodian; 06 (4) the proposed custodian is on probation in this state or another 07 jurisdiction for an offense; 08 (5) there is a reasonable probability that the state will call the 09 proposed custodian [MAY BE CALLED] as a witness in the prosecution of the 10 person; 11 (6) the proposed custodian resides out of state; however, a nonresident 12 may serve as a custodian if the nonresident resides in the state while serving as 13 custodian. 14 * Sec. 47. AS 12.30.055 is amended by adding a new subsection to read: 15 (b) A person who is in custody in connection with a petition to revoke 16 probation for a technical violation of probation under AS 12.55.110 shall be released 17 without bail after the person has served the maximum number of days that the court 18 could impose on the person for a technical violation of probation under AS 12.55.110. 19 * Sec. 48. AS 12.55.011 is amended by adding a new subsection to read: 20 (b) At the time of sentencing, the court shall provide the victim with a form 21 that 22 (1) provides information on 23 (A) whom the victim should contact if the victim has questions 24 about the sentence or release of the offender; 25 (B) the potential for release of the offender on furlough, 26 probation, or parole or for good time credit; and 27 (2) allows the victim to update the victim's contact information with 28 the court and with the Department of Corrections. 29 * Sec. 49. AS 12.55.015(a) is amended to read: 30 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 31 sentence on a defendant convicted of an offense, may singly or in combination
01 (1) impose a fine when authorized by law and as provided in 02 AS 12.55.035; 03 (2) order the defendant to be placed on probation under conditions 04 specified by the court that may include provision for active supervision; 05 (3) impose a definite term of periodic imprisonment, but only if an 06 employment obligation of the defendant preexisted sentencing and the defendant 07 receives a composite sentence of not more than two years to serve; 08 (4) impose a definite term of continuous imprisonment; 09 (5) order the defendant to make restitution under AS 12.55.045; 10 (6) order the defendant to carry out a continuous or periodic program of 11 community work for an offense and under conditions specified in AS 12.55.055; 12 (7) suspend execution of all or a portion of the sentence imposed under 13 AS 12.55.080; 14 (8) suspend imposition of sentence under AS 12.55.085; 15 (9) order the forfeiture to the commissioner of public safety or a 16 municipal law enforcement agency of a deadly weapon that was in the actual 17 possession of or used by the defendant during the commission of an offense described 18 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 19 (10) order the defendant, while incarcerated, to participate in or comply 20 with the treatment plan of a rehabilitation program that is related to the defendant's 21 offense or to the defendant's rehabilitation if the program is made available to the 22 defendant by the Department of Corrections; 23 (11) order the forfeiture to the state of a motor vehicle, weapon, 24 electronic communication device, or money or other valuables, used in or obtained 25 through an offense that was committed for the benefit of, at the direction of, or in 26 association with a criminal street gang; 27 (12) order the defendant to have no contact, either directly or indirectly, 28 with a victim or witness of the offense until the defendant is unconditionally 29 discharged; 30 (13) order the defendant to refrain from consuming alcoholic beverages 31 for a period of time.
01 * Sec. 50. AS 12.55.025(a) is amended to read: 02 (a) When imposing a sentence for conviction of a felony offense or a sentence 03 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 04 regulation adopted under AS 04, or an ordinance adopted in conformity with 05 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 06 includes the following: 07 (1) a verbatim record of the sentencing hearing and any other in-court 08 sentencing procedures; 09 (2) findings on material issues of fact and on factual questions required 10 to be determined as a prerequisite to the selection of the sentence imposed; 11 (3) a clear statement of the terms of the sentence imposed; if a term of 12 imprisonment is imposed, the statement must include 13 (A) the approximate minimum term the defendant is expected to 14 serve before being released or placed on mandatory parole if the defendant is 15 eligible for and does not forfeit good conduct deductions under AS 33.20.010; 16 and 17 (B) if applicable, the approximate minimum term of 18 imprisonment the defendant must serve before becoming eligible for release on 19 discretionary or administrative parole; 20 (4) any recommendations as to the place of confinement or the manner 21 of treatment; and 22 (5) in the case of a conviction for a felony offense, information 23 assessing 24 (A) the financial, emotional, and medical effects of the offense 25 on the victim; 26 (B) the need of the victim for restitution; and 27 (C) any other information required by the court. 28 * Sec. 51. AS 12.55.025(c) is amended to read: 29 (c) Except as provided in (d) of this section, when a defendant is sentenced to 30 imprisonment, the term of confinement commences on the date of imposition of 31 sentence unless the court specifically provides that the defendant must report to serve
01 the sentence on another date. If the court provides another date to begin the term of 02 confinement, the court shall provide the defendant with written notice of the date, 03 time, and location of the correctional facility to which the defendant must report. A 04 defendant shall receive credit for time spent in custody pending trial, sentencing, or 05 appeal, if the detention was in connection with the offense for which sentence was 06 imposed including a technical violation of probation as provided in AS 12.55.110. 07 A defendant may not receive credit for more than the actual time spent in custody 08 pending trial, sentencing, or appeal. The time during which a defendant is voluntarily 09 absent from official detention after the defendant has been sentenced may not be 10 credited toward service of the sentence. 11 * Sec. 52. AS 12.55.027(d) is amended to read: 12 (d) A court may grant credit of not more than 120 days against the total term 13 [A SENTENCE] of imprisonment imposed for a crime for time spent under 14 electronic monitoring that complies with AS 33.30.011(10), if the person has not 15 committed a criminal offense while under electronic monitoring and the court imposes 16 restrictions on the person's freedom of movement and behavior while under the 17 electronic monitoring program, including requiring the person to be confined to a 18 residence except for a 19 (1) court appearance; 20 (2) meeting with counsel; or 21 (3) period during which the person is at a location ordered by the court 22 for the purposes of employment, attending educational or vocational training, 23 performing community volunteer work, or attending a rehabilitative activity or 24 medical appointment. 25 * Sec. 53. AS 12.55.051(a) is amended to read: 26 (a) If the defendant defaults in the payment of a fine or any installment or of 27 restitution or any installment, the court may order the defendant to show cause why 28 the defendant should not be sentenced to imprisonment for nonpayment and, if the 29 payment was made a condition of the defendant's probation, may revoke the probation 30 of the defendant subject to the limits set out in AS 12.55.110. In a contempt or 31 probation revocation proceeding brought as a result of failure to pay a fine or
01 restitution, it is an affirmative defense that the defendant was unable to pay despite 02 having made continuing good faith efforts to pay the fine or restitution. If the court 03 finds that the defendant was unable to pay despite having made continuing good faith 04 efforts, the defendant may not be imprisoned solely because of the inability to pay. If 05 the court does not find that the default was attributable to the defendant's inability to 06 pay despite having made continuing good faith efforts to pay the fine or restitution, the 07 court may order the defendant imprisoned subject to the limits set out in 08 AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of 09 imprisonment imposed under this section may not exceed one day for each $50 of the 10 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 11 be given toward satisfaction of the order of the court for every day a person is 12 incarcerated for nonpayment of a fine or restitution. 13 * Sec. 54. AS 12.55.051 is amended by adding a new subsection to read: 14 (k) The Department of Law may garnish a permanent fund dividend under 15 AS 43.23.065 or garnish other income of a defendant as allowed by state law to collect 16 restitution ordered by the court. 17 * Sec. 55. AS 12.55.055(a) is amended to read: 18 (a) The court may order a defendant convicted of an offense under AS 04, 19 AS 28, or AS 47.12.030, that specifically provides for community work as 20 authorized punishment to perform community work as a condition of probation, [A 21 SUSPENDED SENTENCE,] or may order community work in a suspended 22 imposition of sentence, [OR] in addition to any fine or restitution ordered. [IF THE 23 DEFENDANT IS SENTENCED TO IMPRISONMENT, THE COURT MAY 24 RECOMMEND TO THE DEPARTMENT OF CORRECTIONS THAT THE 25 DEFENDANT PERFORM COMMUNITY WORK.] 26 * Sec. 56. AS 12.55.055(c) is amended to read: 27 (c) The court may offer a defendant convicted of an offense the option of 28 performing community work in lieu of a fine, surcharge, or portion of a fine or 29 surcharge if the court finds the defendant is unable to pay the fine. The value of 30 community work in lieu of a fine is the state's minimum wage for each [$3 PER] 31 hour.
01 * Sec. 57. AS 12.55.055 is amended by adding new subsections to read: 02 (g) The court may not 03 (1) offer a defendant convicted of an offense the option of serving jail 04 time in lieu of performing uncompleted community work previously ordered by the 05 court; or 06 (2) convert uncompleted community work hours into a sentence of 07 imprisonment. 08 (h) If a court orders community work as part of the defendant's sentence under 09 this section, the court shall provide notice to the defendant at sentencing and include 10 as a provision of the judgment that if the defendant fails to provide proof of 11 community work within 20 days after the date set by the court, the court shall convert 12 those community work hours to a fine equal to the number of uncompleted work hours 13 multiplied by the state's minimum hourly wage and issue a judgment against the 14 defendant for that amount. 15 * Sec. 58. AS 12.55 is amended by adding a new section to read: 16 Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f) 17 of this section, if a person is found guilty or pleads guilty to a crime, the court may, 18 with the consent of the defendant and the prosecution and without imposing or 19 entering a judgment of guilt, defer further proceedings and place the person on 20 probation. 21 (b) The court shall impose conditions of probation for a person on probation as 22 provided in (a) of this section, which may include that the person 23 (1) abide by all local, state, and federal laws; 24 (2) not leave the state without prior consent of the court; 25 (3) pay restitution as ordered by the court; and 26 (4) obey any other conditions of probation set by the court. 27 (c) At any time during the probationary term of the person released on 28 probation, a probation officer may, without warrant or other process, rearrest the 29 person so placed in the officer's care and bring the person before the court, or the court 30 may, in its discretion, issue a warrant for the rearrest of the person. The court may 31 revoke and terminate the probation if the court finds that the person placed upon
01 probation is 02 (1) violating the conditions of probation; 03 (2) engaging in criminal practices; or 04 (3) violating an order of the court to participate in or comply with the 05 treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 06 (d) If the court finds that the person has successfully completed probation, the 07 court shall, at the end of the probationary period set by the court, or at any time after 08 the expiration of one year from the date of the original probation, discharge the person 09 and dismiss the proceedings against the person. 10 (e) If the court finds that the person has violated the conditions of probation 11 ordered by the court, the court may revoke and terminate the person's probation, enter 12 judgment on the person's previous plea or finding of guilt, and pronounce sentence at 13 any time within the maximum probation period authorized by this section. 14 (f) The court may not suspend imposing or entering the judgment and defer 15 prosecution under this section of a person who 16 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 17 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125 18 - 11.61.128, or AS 11.66.110 - 11.66.135; 19 (2) uses a firearm in the commission of the offense for which the 20 person is convicted; 21 (3) has previously been granted a suspension of judgment under this 22 section or a similar statute in another jurisdiction, unless the court enters written 23 findings that by clear and convincing evidence the person's prospects for rehabilitation 24 are high and suspending judgment under this section adequately protects the victim of 25 the offense, if any, and the community; 26 (4) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 27 and the person has one or more prior convictions for a misdemeanor violation of 28 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 29 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 30 felony in this state; for the purposes of this paragraph, a person shall be considered to 31 have a prior conviction even if
01 (A) the charges were dismissed under this section; 02 (B) the conviction has been set aside under AS 12.55.085; or 03 (C) the charge or conviction was dismissed or set aside under an 04 equivalent provision of the laws of another jurisdiction; or 05 (5) has been convicted of a crime involving domestic violence, as 06 defined by AS 18.66.990. 07 * Sec. 59. AS 12.55.090(b) is amended to read: 08 (b) Except as otherwise provided in (f) of this section, the court may revoke or 09 modify any condition of probation, [OR MAY] change the period of probation, or 10 terminate probation and discharge the defendant from probation. 11 * Sec. 60. AS 12.55.090(c) is amended to read: 12 (c) The period of probation, together with any extension, may not exceed 13 (1) 10 [25] years for an unclassified felony under AS 11 or a felony 14 sex offense; [OR] 15 (2) five [10] years for a felony [ANY OTHER] offense not listed in (1) 16 of this subsection; 17 (3) four years for a misdemeanor offense involving domestic 18 violence; 19 (4) two years for a misdemeanor offense under AS 28.35.030 or 20 28.35.032, if the person has previously been convicted of an offense under 21 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another 22 jurisdiction; or 23 (5) one year for an offense not listed in (1) - (4) of this subsection. 24 * Sec. 61. AS 12.55.090(f) is amended to read: 25 (f) Unless the defendant and the prosecuting authority agree at the probation 26 revocation proceeding or other proceeding related to a probation violation, the 27 person qualifies for a reduction under AS 33.05.025 or a probation officer 28 recommends to the court that probation be terminated and the defendant be 29 discharged from probation under (g) of this section or AS 33.05.040, the court may 30 not reduce the specific period of probation [,] or the specific term of suspended 31 incarceration except by the amount of incarceration imposed for a probation violation,
01 if 02 (1) the sentence was imposed in accordance with a plea agreement 03 under Rule 11, Alaska Rules of Criminal Procedure; and 04 (2) the agreement required a specific period of probation or a specific 05 term of suspended incarceration. 06 * Sec. 62. AS 12.55.090 is amended by adding new subsections to read: 07 (g) A probation officer shall recommend to the court that probation be 08 terminated and a defendant be discharged from probation if the defendant 09 (1) has completed at least one year on probation; 10 (2) has completed all treatment programs required as a condition of 11 probation; 12 (3) is currently in compliance with all conditions of probation; and 13 (4) has not been convicted of an unclassified felony offense, a sexual 14 felony as defined by AS 12.55.185, or a crime involving domestic violence as defined 15 by AS 18.66.990. 16 (h) Before a court may reduce the period of probation or terminate probation 17 and discharge the defendant before the period of probation for the offense has been 18 completed, the court shall allow victims to comment in writing to the court or allow a 19 victim to give sworn testimony or make an unsworn oral presentation at a hearing held 20 to determine whether to reduce the period of probation or terminate probation and 21 discharge the defendant. 22 (i) If a probation officer recommends to the court that probation be terminated 23 and a defendant be discharged from probation under (g) of this section, and the victim 24 has earlier requested to be notified, the Department of Corrections shall send the 25 victim notice of the recommendation under (g) of this section and inform the victim of 26 the victim's rights under this section, the deadline for receipt of written comments, the 27 hearing date, and the court's address. 28 (j) The court shall provide copies of the victim's written comments to the 29 prosecuting attorney, the defendant, and the defendant's attorney. 30 (k) In deciding whether to reduce a period of probation or terminate probation 31 and discharge the defendant from probation, the court shall consider the victim's
01 comments, testimony, or unsworn oral presentation, when relevant, and any response 02 by the prosecuting attorney and defendant. 03 (l) If a victim desires notice under this section, the victim shall maintain a 04 current, valid mailing address on file with the commissioner of corrections. The 05 commissioner shall send the notice to the victim's last known address. The victim's 06 address may not be disclosed to the defendant or the defendant's attorney. 07 * Sec. 63. AS 12.55.100(a) is amended to read: 08 (a) While on probation and among the conditions of probation, the defendant 09 (1) shall be required to obey all state, federal, and local laws or 10 ordinances, and any court orders applicable to the probationer; and 11 (2) may be required 12 (A) [(1)] to pay a fine in one or several sums; 13 (B) [(2)] to make restitution or reparation to aggrieved parties 14 for actual damages or loss caused by the crime for which conviction was had, 15 including compensation to a victim that is a nonprofit organization for the 16 value of labor or goods provided by volunteers if the labor or goods were 17 necessary to alleviate or mitigate the effects of the defendant's crime; when 18 determining the amount of actual damages or loss under this paragraph, the 19 court shall value property as the market value of the property at the time and 20 place of the crime or, if the market value cannot reasonably be ascertained, the 21 cost of the replacement of the property within a reasonable time after the 22 crime; 23 (C) [(3)] to provide for the support of any persons for whose 24 support the defendant is legally responsible; 25 (D) [(4)] to perform community work in accordance with 26 AS 12.55.055; 27 (E) [(5)] to participate in or comply with the treatment plan of 28 an inpatient or outpatient rehabilitation program specified by either the court or 29 the defendant's probation officer that is related to the defendant's offense or to 30 the defendant's rehabilitation; 31 (F) [(6)] to satisfy the screening, evaluation, referral, and
01 program requirements of an agency authorized by the court to make referrals 02 for rehabilitative treatment or to provide rehabilitative treatment; 03 (G) [AND (7)] to comply with a program established under 04 AS 47.38.020; and 05 (H) to comply with the sanctions imposed by the defendant's 06 probation officer under AS 33.05.020(g). 07 * Sec. 64. AS 12.55.100(c) is amended to read: 08 (c) A program of inpatient treatment may be required by the authorized agency 09 under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and may not 10 exceed the maximum term of inpatient treatment specified in the judgment. A person 11 who has been referred for inpatient treatment may make a written request to the 12 sentencing court asking the court to review the referral. The request for review shall be 13 made within seven days after [OF] the agency's referral, and shall specifically set out 14 the grounds on [UPON] which the request for review is based. The court may order a 15 hearing on the request for review. 16 * Sec. 65. AS 12.55.110 is amended by adding new subsections to read: 17 (c) If a defendant is serving a period of probation for an offense, the court may 18 find that the defendant has committed a technical violation of probation. If the court 19 finds that a defendant has committed a technical violation of probation that does not 20 include absconding, the court may reinstate the term of probation with appropriate 21 conditions or impose a sentence of imprisonment of not more than 22 (1) three days for the first petition to revoke probation filed with the 23 court; 24 (2) five days for the second petition to revoke probation filed with the 25 court; 26 (3) 10 days for the third petition to revoke probation filed with the 27 court; or 28 (4) up to the remainder of the suspended portion of the sentence for a 29 fourth or subsequent petition to revoke probation. 30 (d) If the court revokes a person's probation for absconding, the court may 31 impose a period of imprisonment not to exceed 30 days.
01 (e) The limits set out in this section on the length of imprisonment for a 02 revocation do not apply if a probationer is enrolled in a program established under 03 AS 33.05.020(f). 04 (f) If the defendant is ordered to complete treatment under 05 AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order 06 the defendant to show cause why the defendant should not be sentenced to 07 imprisonment for noncompletion of treatment and may revoke the suspended sentence 08 subject to the limits established in this section. In a contempt or probation revocation 09 proceeding brought as a result of failure to complete treatment, it is an affirmative 10 defense that the defendant was unable to afford the cost of treatment or secure a place 11 in a free treatment program, despite having made continuing good faith efforts. If the 12 court finds that the defendant was unable to complete treatment despite having made 13 continuing good faith efforts, the defendant may not be imprisoned solely because of 14 an inability to pay. If the court does not find that the noncompletion of treatment was 15 attributable to the defendant's inability to pay, the court may order the defendant 16 imprisoned subject to the limits established in this section. 17 (g) In this section, 18 (1) "absconding" means failing to report within five working days after 19 release from custody under AS 33.20.030 or failing to report to a probation officer 20 within 30 days after release from custody as directed by the court or probation officer; 21 (2) "technical violation" means a violation of the conditions of 22 probation that does not result from 23 (A) an arrest for a new criminal offense; or 24 (B) failing to complete sex offender treatment. 25 * Sec. 66. AS 12.55.115 is amended to read: 26 Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole 27 at sentencing. The court may, as part of a sentence of imprisonment, further restrict 28 the eligibility of a prisoner for discretionary or administrative parole for a term 29 greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and 30 33.16.100. 31 * Sec. 67. AS 12.55.125(c) is amended to read:
01 (c) Except as provided in (i) of this section, a defendant convicted of a class A 02 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 03 and shall be sentenced to a definite term within the following presumptive ranges, 04 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years; 07 (2) if the offense is a first felony conviction 08 (A) and the defendant possessed a firearm, used a dangerous 09 instrument, or caused serious physical injury or death during the commission 10 of the offense, or knowingly directed the conduct constituting the offense at a 11 uniformed or otherwise clearly identified peace officer, firefighter, correctional 12 employee, emergency medical technician, paramedic, ambulance attendant, or 13 other emergency responder who was engaged in the performance of official 14 duties at the time of the offense, five [SEVEN] to nine [11] years; 15 (B) and the conviction is for manufacturing related to 16 methamphetamine under AS 11.71.030(a)(4)(A) or (B) 17 [AS 11.71.020(a)(2)(A) OR (B)], seven to 11 years, if 18 (i) the manufacturing occurred in a building with 19 reckless disregard that the building was used as a permanent or 20 temporary home or place of lodging for one or more children under 18 21 years of age or the building was a place frequented by children; or 22 (ii) in the course of manufacturing or in preparation for 23 manufacturing, the defendant obtained the assistance of one or more 24 children under 18 years of age or one or more children were present; 25 (3) if the offense is a second felony conviction, eight [10] to 12 [14] 26 years; 27 (4) if the offense is a third felony conviction and the defendant is not 28 subject to sentencing under (l) of this section, 13 [15] to 20 years. 29 * Sec. 68. AS 12.55.125(d) is amended to read: 30 (d) Except as provided in (i) of this section, a defendant convicted of a class B 31 felony may be sentenced to a definite term of imprisonment of not more than 10 years,
01 and shall be sentenced to a definite term within the following presumptive ranges, 02 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 03 (1) if the offense is a first felony conviction and does not involve 04 circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years; 05 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 06 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 07 probation under AS 12.55.086, the defendant is required to serve an active term of 08 imprisonment within the range specified in this paragraph, unless the court finds that a 09 mitigation factor under AS 12.55.155 applies; 10 (2) if the offense is a first felony conviction, 11 (A) the defendant violated AS 11.41.130, and the victim was a 12 child under 16 years of age, two to four years; 13 (B) two to four years if the conviction is for an attempt, 14 solicitation, or conspiracy to manufacture related to methamphetamine under 15 AS 11.31 and AS 11.71.030(a)(4)(A) or (B) [AS 11.71.020(a)(2)(A) OR (B)], 16 and 17 (i) the attempted manufacturing occurred, or the 18 solicited or conspired offense was to have occurred, in a building with 19 reckless disregard that the building was used as a permanent or 20 temporary home or place of lodging for one or more children under 18 21 years of age or the building was a place frequented by children; or 22 (ii) in the course of an attempt to manufacture, the 23 defendant obtained the assistance of one or more children under 18 24 years of age or one or more children were present; 25 (3) if the offense is a second felony conviction, two [FOUR] to five 26 [SEVEN] years; 27 (4) if the offense is a third felony conviction, four [SIX] to 10 years. 28 * Sec. 69. AS 12.55.125(e) is amended to read: 29 (e) Except as provided in (i) of this section, a defendant convicted of a class C 30 felony may be sentenced to a definite term of imprisonment of not more than five 31 years, and shall be sentenced to a definite term within the following presumptive
01 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 02 (1) if the offense is a first felony conviction and does not involve 03 circumstances described in (4) of this subsection, probation, with a suspended term 04 of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT 05 SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT 06 APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE 07 UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF 08 PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE 09 AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN 10 THIS PARAGRAPH]; 11 (2) if the offense is a second felony conviction, two to four years; 12 (3) if the offense is a third felony conviction, three to five years; 13 (4) if the offense is a first felony conviction, and the defendant violated 14 AS 08.54.720(a)(15), one to two years. 15 * Sec. 70. AS 12.55.135(a) is amended to read: 16 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 17 definite term of imprisonment of not more than 18 (1) one year, if the 19 (A) conviction is for a crime with a mandatory minimum 20 term of more than 30 days of active imprisonment; 21 (B) trier of fact finds the aggravating factor that the conduct 22 constituting the offense was among the most serious conduct included in 23 the definition of the offense; 24 (C) the defendant has past criminal convictions for conduct 25 violative of criminal laws, punishable as felonies or misdemeanors, similar 26 in nature to the offense for which the defendant is being sentenced; or 27 (D) conviction is for the crime of assault in the fourth degree 28 under AS 11.41.230; or 29 (2) 30 days. 30 * Sec. 71. AS 12.55.135(b) is amended to read: 31 (b) A defendant convicted of a class B misdemeanor may be sentenced to a
01 definite term of imprisonment of not more than 10 [90] days unless otherwise 02 specified in the provision of law defining the offense or in this section. 03 * Sec. 72. AS 12.55.135 is amended by adding new subsections to read: 04 (l) A court may not impose a sentence of imprisonment or suspended 05 imprisonment for a person convicted of theft under AS 11.46.150 if the person has not 06 been previously convicted more than once for a violation of AS 11.46.120 - 11.46.150 07 or of a law or ordinance of this or another jurisdiction with elements substantially 08 similar to those of an offense described in AS 11.46.120 - 11.46.150. 09 (m) A court may not impose a sentence of imprisonment or suspended 10 imprisonment for a person convicted of concealment of merchandise under 11 AS 11.46.220 if the person has not been previously convicted more than once for a 12 violation of AS 11.46.220 or of a law or ordinance of this or another jurisdiction with 13 elements substantially similar to those of an offense described in AS 11.46.220. 14 (n) A court may not impose a sentence of imprisonment or suspended 15 imprisonment for a person convicted of removal of identification marks under 16 AS 11.46.260 if the person has not been previously convicted more than once for a 17 violation of AS 11.46.260 or of a law or ordinance of this or another jurisdiction with 18 elements substantially similar to those of an offense described in AS 11.46.260. 19 (o) A court may not impose a sentence of imprisonment or suspended 20 imprisonment for a person convicted of unlawful possession under AS 11.46.270 if the 21 person has not been previously convicted more than once for a violation of 22 AS 11.46.270 or of a law or ordinance of this or another jurisdiction with elements 23 substantially similar to those of an offense described in AS 11.46.270. 24 (p) A court may not impose a sentence of imprisonment or suspended 25 imprisonment for a person convicted of issuing a bad check under AS 11.46.280 if the 26 person has not been previously convicted more than once for a violation of 27 AS 11.46.280 or of a law or ordinance of this or another jurisdiction with elements 28 substantially similar to those of an offense described in AS 11.46.280. 29 (q) A court may not impose a sentence of imprisonment or suspended 30 imprisonment for a person convicted of criminal simulation under AS 11.46.530 if the 31 person has not been previously convicted more than once for a violation of
01 AS 11.46.530 or of a law or ordinance of this or another jurisdiction with elements 02 substantially similar to those of an offense described in AS 11.46.530. 03 (r) If an aggravating factor is a necessary element of the present offense, that 04 factor may not be used to impose a sentence above the high end of the range. 05 (s) If the state seeks to establish an aggravating factor at sentencing 06 (1) under (a)(1) of this section, written notice must be served on the 07 opposing party and filed with the court not later than 10 days before the date set for 08 imposition of sentence; the aggravating factors in (a)(1) of this section must be 09 established by clear and convincing evidence before the court sitting without a jury; all 10 findings must be set out with specificity; 11 (2) aggravating factors in (a)(1) of this section shall be presented to a 12 trial jury under procedures set by the court, unless the defendant waives trial by jury, 13 stipulates to the existence of the factor, or consents to have the factor proven under 14 procedures set out in (1) of this subsection; an aggravating factor presented to a jury is 15 established if proved beyond a reasonable doubt; written notice of the intent to 16 establish an aggravating factor must be served on the defendant and filed with the 17 court 18 (A) 20 days before trial or at a time specified by the court; 19 (B) within 48 hours, or at a time specified by the court, if the 20 court instructs the jury about the option to return a verdict for a lesser included 21 offense; or 22 (C) five days before entering a plea that results in a finding of 23 guilt or at a time specified by the court. 24 * Sec. 73. AS 12.61.015(a) is amended to read: 25 (a) If a victim of a felony or a crime involving domestic violence requests, the 26 prosecuting attorney shall make a reasonable effort to 27 (1) confer with the person against whom the offense has been 28 perpetrated about that person's testimony before the defendant's trial; 29 (2) in a manner reasonably calculated to give prompt actual notice, 30 notify the victim 31 (A) of the defendant's conviction and the crimes of which the
01 defendant was convicted; 02 (B) of the victim's right in a case that is a felony to make a 03 written or oral statement for use in preparation of the defendant's presentence 04 report, and of the victim's right to appear personally at the defendant's 05 sentencing hearing to present a written statement and to give sworn testimony 06 or an unsworn oral presentation; 07 (C) of the address and telephone number of the office that will 08 prepare the presentence report; and 09 (D) of the time and place of the sentencing proceeding; 10 (3) notify the victim in writing of the final disposition of the case 11 within 30 days after final disposition of the case; 12 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC 13 VIOLENCE] concerning a proposed plea agreement before entering into an 14 agreement; 15 (5) inform the victim of a pending motion that may substantially delay 16 the prosecution and inform the court of the victim's position on the motion; in this 17 paragraph, a "substantial delay" is 18 (A) for a misdemeanor, a delay of one month or longer; 19 (B) for a felony, a delay of two months or longer; and 20 (C) for an appeal, a delay of six months or longer. 21 * Sec. 74. AS 22.35.030 is amended by adding a new subsection to read: 22 (b) Notwithstanding (a) of this section, the Alaska Court System shall publish 23 the court record of a person who is granted a suspended entry of judgment under 24 AS 12.55.078 on a publicly available website with a notation indicating a suspended 25 entry of judgment. 26 * Sec. 75. AS 28.15.165 is amended by adding a new subsection to read: 27 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 28 license has been revoked under this section as a result of a refusal to submit to a 29 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 30 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 31 municipal ordinance in which the test produced a result described in
01 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 02 department shall rescind a revocation under this subsection if the department finds that 03 the person has supplied proof in a form satisfactory to the department that 04 (1) the person has been acquitted of driving while under the influence 05 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 06 similar municipal ordinance for the incident on which the revocation was based; or 07 (2) all criminal charges against the person for driving while under the 08 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 09 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 10 the incident on which the revocation is based have been dismissed with prejudice. 11 * Sec. 76. AS 28.15.181(f) is amended to read: 12 (f) The court may terminate a revocation for an offense described in (a)(5) or 13 (8) of this section if 14 (1) either 15 (A) the person's license, privilege to drive, or privilege to obtain 16 a license has been revoked for the minimum periods set out in (c) of this 17 section; or 18 (B) the person 19 (i) has successfully completed a court-ordered 20 treatment program under AS 28.35.028; 21 (ii) has not been convicted of a violation of 22 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or 23 another jurisdiction since completing the program; and 24 (iii) has been granted limited license privileges under 25 AS 28.15.201(g) and has successfully driven for three years under 26 that limited license without having the limited license privileges 27 revoked; and 28 (2) the person complies with the provisions of AS 28.15.211(d) and (e). 29 * Sec. 77. AS 28.15.201 is amended by adding new subsections to read: 30 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 31 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the
01 department when revoking a driver's license, privilege to drive, or privilege to obtain a 02 license under AS 28.15.165(c), may grant limited license privileges if 03 (1) the revocation was for a felony conviction under AS 28.35.030; 04 (2) the person has successfully participated for at least six months in, or 05 has successfully completed, a court-ordered treatment program under AS 28.35.028; 06 (3) the person provides proof of insurance as required by AS 28.20.230 07 and 28.20.240; 08 (4) the person is required to use an ignition interlock device during the 09 period of the limited license whenever the person operates a motor vehicle in a 10 community not included in the list published by the department under 11 AS 28.22.011(b) and, when applicable, 12 (A) the person provides proof of installation of the ignition 13 interlock device on every vehicle the person operates; 14 (B) the person signs an affidavit acknowledging that 15 (i) operation by the person of a vehicle that is not 16 equipped with an ignition interlock device is subject to penalties for 17 driving with a revoked license; 18 (ii) circumventing or tampering with the ignition 19 interlock device is a class A misdemeanor; and 20 (iii) the person is required to maintain the ignition 21 interlock device throughout the period of the limited license, to keep 22 up-to-date records in each vehicle showing that any required service 23 and calibration is current, and to produce those records immediately on 24 request; 25 (5) the person is enrolled in and is in compliance with or has 26 successfully completed the alcoholism screening, evaluation, referral, and program 27 requirements of the Department of Health and Social Services under AS 28.35.030(h); 28 (6) the person has not previously been granted a limited license under 29 this subsection and had the license revoked under (h) of this section; 30 (7) the person is participating in a program established under 31 AS 47.38.020 for a minimum of 120 days from the date a limited license is granted
01 under this section. 02 (h) The court or the department may immediately revoke a limited license 03 granted under (g) of this section if the person is convicted of a violation of 04 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 05 or if the person is not in compliance with a court-ordered treatment program under 06 AS 28.35.028. 07 * Sec. 78. AS 28.15.291(a) is repealed and reenacted to read: 08 (a) A person commits the crime of driving while license canceled, suspended, 09 revoked, or in violation of a limitation if the person drives 10 (1) a motor vehicle on a highway or vehicular way or area at a time 11 when that person's driver's license, privilege to drive, or privilege to obtain a license 12 has been canceled, suspended, or revoked under circumstances described in 13 AS 28.15.181(c) or a similar law in another jurisdiction; 14 (2) a motor vehicle on a highway or vehicular way or area at a time 15 when that person's driver's license, privilege to drive, or privilege to obtain a license 16 has been canceled, suspended, or revoked under circumstances other than those 17 described in (1) of this subsection; or 18 (3) in violation of a limitation placed on that person's license or 19 privilege to drive in this or another jurisdiction. 20 * Sec. 79. AS 28.15.291(b) is repealed and reenacted to read: 21 (b) Driving while license canceled, suspended, revoked, or in violation of a 22 limitation is 23 (1) a class A misdemeanor if the person violates (a)(1) of this section; 24 upon conviction the court shall impose a minimum sentence of imprisonment of not 25 less than 10 days if the person has been previously convicted under (a)(1) of this 26 section or a similar law in another jurisdiction; 27 (2) an infraction if the person violates (a)(2) or (3) of this section. 28 * Sec. 80. AS 28.35.028(b) is amended to read: 29 (b) Once the court elects to proceed under this section, the defendant shall 30 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 31 as appropriate. The state and the defendant may enter into a plea agreement to
01 determine the offense or offenses to which the defendant is required to plead. If the 02 court accepts the agreement, the court shall enforce the terms of the agreement. The 03 court shall enter a judgment of conviction for the offense or offenses for which the 04 defendant has pleaded or an order finding that the defendant has violated probation, as 05 appropriate. A judgment of conviction or an order finding a probation violation must 06 set a schedule for payment of restitution owed by the defendant. In a judgment of 07 conviction and on probation conditions that the court considers appropriate, the court 08 may withhold pronouncement of a period of imprisonment or a fine to provide an 09 incentive for the defendant to complete recommended treatment successfully. 10 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 11 mandatory minimum or other sentencing provision applicable to the offense. 12 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 13 other provision of law, the court, at any time after the period when a reduction of 14 sentence is normally available, may consider and reduce the defendant's sentence, 15 including imprisonment, fine, or license revocation, based on the defendant's 16 compliance with the treatment plan; when reducing a sentence, the court (1) may not 17 reduce the sentence below the mandatory minimum sentence for the offense unless the 18 court finds that the defendant has successfully complied with and completed the 19 treatment plan and that the treatment plan approximated the severity of the minimum 20 period of imprisonment, and (2) may consider the defendant's compliance with the 21 treatment plan as a mitigating factor allowing a reduction of a sentence under 22 AS 12.55.155(a). A court entering an order finding the defendant has violated 23 probation may withhold pronouncement of disposition to provide an incentive for the 24 defendant to complete the recommended treatment successfully. 25 * Sec. 81. AS 28.35.030(k) is amended to read: 26 (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT 27 A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a 28 private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL 29 CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available, 30 imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a 31 private residence by other means determined by the commissioner of corrections
01 [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER 02 OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section 03 may be served at a community residential center or at a private residence if approved 04 by the commissioner of corrections. Imprisonment served at a private residence must 05 include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not 06 available, by other means as determined by the commissioner of corrections. The 07 cost of imprisonment resulting from the sentence imposed under (b)(1) of this section 08 shall be paid to the state by the person being sentenced. The [PROVIDED, 09 HOWEVER, THAT THE] cost of imprisonment required to be paid under this 10 subsection may not exceed $2,000. Upon the person's conviction, the court shall 11 include the costs of imprisonment as a part of the judgment of conviction. Except for 12 reimbursement from a permanent fund dividend as provided in this subsection, 13 payment of the cost of imprisonment is not required if the court determines the person 14 is indigent. For costs of imprisonment that are not paid by the person as required by 15 this subsection, the state shall seek reimbursement from the person's permanent fund 16 dividend as provided under AS 43.23.065. A [WHILE AT THE COMMUNITY 17 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A] person 18 sentenced under (b)(1)(A) of this section shall perform at least 24 hours of community 19 service work. A person sentenced under (b)(1)(B) of this section shall perform at least 20 160 hours of community service work, as required by the director of the community 21 residential center or other appropriate place, or as required by the commissioner of 22 corrections if the sentence is being served at a private residence. In this subsection, 23 "appropriate place" means a facility with 24-hour on-site staff supervision that is 24 specifically adapted to provide a residence, and includes a correctional center, 25 residential treatment facility, hospital, halfway house, group home, work farm, work 26 camp, or other place that provides varying levels of restriction. 27 * Sec. 82. AS 28.35.030(l) is amended to read: 28 (l) The commissioner of corrections shall determine and prescribe by 29 regulation a uniform average cost of imprisonment for the purpose of determining the 30 cost of imprisonment required to be paid under (k) of this section by a convicted 31 person. The regulations must include the costs associated with electronic
01 monitoring under AS 33.30.065. 02 * Sec. 83. AS 28.35.030(o) is amended to read: 03 (o) Upon request, the department shall review a driver's license revocation 04 imposed under (b) or (n)(3) of this section and 05 (1) may restore the driver's license if 06 (A) [(1)] the license has been revoked for a period of at least 10 07 years; 08 (B) [(2)] the person has not been convicted of a criminal offense 09 since the license was revoked; and 10 (C) [(3)] the person provides proof of financial responsibility; 11 (2) shall restore the driver's license if 12 (A) the person has been granted limited license privileges 13 under AS 28.15.201(g) and has successfully driven under that limited 14 license for three years without having the limited license privileges 15 revoked; 16 (B) the person has successfully completed a court-ordered 17 treatment program under AS 28.35.028; 18 (C) the court previously terminated the person's revocation 19 as provided in AS 28.15.181(f)(1)(B); 20 (D) the person has not been convicted of a violation of 21 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 22 jurisdiction since the license was revoked; 23 (E) the person's privilege to drive may be restored as 24 provided in AS 28.15.211; and 25 (F) the person provides proof of financial responsibility. 26 * Sec. 84. AS 28.35.032(o) is amended to read: 27 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 28 private residence by electronic monitoring under AS 33.30.065. If electronic 29 monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A 30 COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under 31 (g)(1)(A) of this section shall be served at a private residence by other means as
01 determined by the commissioner of corrections [AT ANOTHER APPROPRIATE 02 PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. 03 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 04 community residential center or at a private residence if approved by the 05 commissioner of corrections. Imprisonment served at a private residence must include 06 electronic monitoring under AS 33.30.065 or, if electronic monitoring is not 07 available, shall be served by other means as determined by the commissioner of 08 corrections. The cost of imprisonment resulting from the sentence imposed under 09 (g)(1) of this section shall be paid to the state by the person being sentenced. The 10 [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid 11 under this subsection may not exceed $2,000. Upon the person's conviction, the court 12 shall include the costs of imprisonment as a part of the judgment of conviction. Except 13 for 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. A [WHILE AT THE COMMUNITY 18 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A] person 19 sentenced under (g)(1)(A) of this section shall perform at least 24 hours of community 20 service work. A person sentenced under (g)(1)(B) of this section shall perform at least 21 160 hours of community service work, as required by the director of the community 22 residential center or other appropriate place, or as required by the commissioner of 23 corrections if the sentence is being served at a private residence. In this subsection, 24 "appropriate place" means a facility with 24-hour on-site staff supervision that is 25 specifically adapted to provide a residence, and includes a correctional center, 26 residential treatment facility, hospital, halfway house, group home, work farm, work 27 camp, or other place that provides varying levels of restriction. 28 * Sec. 85. AS 29.10.200(21) is amended to read: 29 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN 30 CIVIL ACTIONS)]; 31 * Sec. 86. AS 29.25.070(a) is amended to read:
01 (a) For the violation of an ordinance, a municipality may by ordinance 02 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, 03 except as limited by (g) of this section. For a violation that cannot result in 04 incarceration or the loss of a valuable license, a municipality may allow disposition of 05 the violation without court appearance and establish a schedule of fine amounts for 06 each offense. 07 * Sec. 87. AS 29.25.070 is amended by adding a new subsection to read: 08 (g) If a municipality prescribes a penalty for a violation of a municipal 09 ordinance, including a violation under (a) of this section, and there is a comparable 10 state offense under AS 11 with elements that are similar to the municipal ordinance, 11 the municipality may not impose a greater punishment than that imposed for a 12 violation of the state law. This subsection applies to home rule and general law 13 municipalities. 14 * Sec. 88. AS 33.05.020 is amended by adding a new subsection to read: 15 (g) The commissioner shall establish an administrative sanction and incentive 16 program to facilitate a prompt and effective response to a probationer's compliance 17 with or violation of the conditions of probation. The commissioner shall adopt 18 regulations to implement the program. At a minimum, the regulations must include 19 (1) a decision-making process to guide probation officers in 20 determining the suitable response to positive and negative offender behavior that 21 includes a list of sanctions for the most common types of negative behavior, including 22 technical violations of conditions of probation, and a list of incentives for compliance 23 with conditions and positive behavior that exceeds those conditions; 24 (2) policies and procedures that ensure 25 (A) a process for responding to negative behavior that includes 26 a review of previous violations and sanctions; 27 (B) that enhanced sanctions for certain negative conduct are 28 approved by the commissioner or the commissioner's designee; and 29 (C) that appropriate due process protections are included in the 30 process, including notice of negative behavior, an opportunity to dispute the 31 accusation and the sanction, and an opportunity to request a review of the
01 accusation and the sanction. 02 * Sec. 89. AS 33.05 is amended by adding a new section to read: 03 Sec. 33.05.025. Probation incentive reduction; time computation. (a) A 04 probation officer shall recommend to the sentencing court a probation incentive 05 reduction for good conduct by a person on probation. 06 (b) If a recommendation is made under (a) of this section, the probation officer 07 shall provide to the court a time computation for the reduction of the period of 08 probation of 30 days for each 30-day period of probation that a defendant successfully 09 complies with all of the conditions of probation for one or more 30-day period 10 immediately preceding the reduction computation. The computation under this 11 subsection may not include credit for less than a 30-day period. 12 * Sec. 90. AS 33.05.040 is amended to read: 13 Sec. 33.05.040. Duties of probation officers. A probation officer shall 14 (1) furnish to each probationer under the supervision of the officer a 15 written statement of the conditions of probation and shall instruct the probationer 16 regarding the same; 17 (2) keep informed concerning the conduct and condition of each 18 probationer under the supervision of the officer and shall report on the probationer to 19 the court placing the [SUCH] person on probation; 20 (3) use all suitable methods, not inconsistent with the conditions 21 imposed by the court, to aid probationers and to bring about improvements in their 22 conduct and condition; 23 (4) keep records of the probation work including sanctions and 24 incentives the probation officer imposes under AS 33.05.020(g), keep accurate and 25 complete accounts of all money collected from persons under the supervision of the 26 officer, give receipts for money collected and make at least monthly returns of it, 27 make the reports to the court and the commissioner required by them, and perform 28 other duties the court may direct; 29 (5) recommend to the court a probation reduction for a 30 probationer who is eligible for the reduction under AS 33.05.025; a probation 31 officer shall make the recommendation to the court at least 30 days before the
01 earliest date a probationer could be discharged from further supervision because 02 of the reduction under AS 33.05.025; 03 (6) perform the [SUCH] duties with respect to persons on parole as the 04 commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole 05 officer; 06 (7) use sanctions and incentives developed under AS 33.05.020(g) to 07 respond to a probationer's negative and positive behavior, including responses to 08 technical violations of conditions of probation, in a way that is intended to 09 interrupt negative behavior in a swift, certain, and proportional manner and 10 support progress with a recognition of positive behavior; and 11 (8) upon determining that a probationer under the supervision of 12 the officer meets the requirements of AS 12.55.090(g), recommend to the court as 13 soon as practicable that probation be terminated and the probationer be 14 discharged from probation. 15 * Sec. 91. AS 33.05.080 is amended by adding a new paragraph to read: 16 (3) "administrative sanctions and incentives" means responses by a 17 probation officer to a probationer's compliance with or violation of the conditions of 18 probation under AS 33.05.020(g). 19 * Sec. 92. AS 33 is amended by adding a new chapter to read: 20 Chapter 07. Pretrial Services Program. 21 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 22 shall establish and administer a pretrial services program that provides a pretrial risk 23 assessment for all defendants, recommendations to the court concerning pretrial 24 release decisions, and supervision of defendants released while awaiting trial as 25 ordered by the court. 26 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 27 shall 28 (1) appoint and make available to the superior court and district court 29 qualified pretrial services officers; 30 (2) fix pretrial services officers' salaries; 31 (3) assign pretrial services officers to the various judicial districts;
01 (4) provide for the necessary training, expenses, including clerical 02 services, and travel of pretrial services officers; 03 (5) approve a risk assessment instrument that is objective, standardized, 04 developed based on analysis of empirical data and risk factors relevant to pretrial 05 failure, that evaluates the likelihood of failure to appear in court and the likelihood of 06 rearrest during the pretrial period, and that is validated on the state's pretrial 07 population; and 08 (6) adopt regulations in consultation with the Department of Law, the 09 public defender, the Department of Public Safety, and the Alaska Court System, 10 consistent with this chapter and as necessary to implement the program; the 11 regulations must include pretrial release decision-making process guidelines for 12 pretrial services officers in making a recommendation to the court concerning a 13 pretrial release decision, including guidelines for pretrial diversion recommendations. 14 Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services 15 officers shall, in advance of a first appearance before a judicial officer under 16 AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument 17 approved by the commissioner for the purpose of making a recommendation to the 18 court concerning an appropriate pretrial release decision and conditions of release. In 19 conducting a pretrial risk assessment and making a recommendation to the court, the 20 department shall follow the decision-making process established by regulation under 21 this chapter. The pretrial risk assessment shall be completed and presented to the court 22 in a pretrial release report that contains a risk assessment rating of low, moderate, or 23 high and a recommendation regarding release and release conditions before the 24 defendant's first appearance before a judicial officer. 25 (b) A pretrial services officer shall make a recommendation under (a) of this 26 section for pretrial release to the court based on factors that include the results of a 27 pretrial risk assessment, the offense charged, the least restrictive condition, and 28 conditions that will reasonably ensure the appearance of the person in court and the 29 safety of the victim, other persons, and the community. The recommendation must 30 take into account 31 (1) the level of risk of a defendant;
01 (2) the appropriateness for release on the defendant's own recognizance 02 or on the execution of an unsecured appearance bond, unsecured performance bond, or 03 both; and 04 (3) nonmonetary release conditions permitted under AS 12.30.011, 05 12.30.016, 12.30.021, and 12.30.027 for defendants who are recommended for release. 06 (c) A pretrial services officer shall recommend for release on personal 07 recognizance, upon execution of an unsecured appearance bond, upon execution of an 08 unsecured performance bond, or to a pretrial diversion program, with nonmonetary 09 conditions as appropriate, a defendant charged with 10 (1) a misdemeanor, unless that misdemeanor is 11 (A) a crime involving domestic violence, as defined in 12 AS 18.66.990; 13 (B) a crime against the person under AS 11.41; 14 (C) an offense under AS 11.56.730; 15 (2) a class C felony unless that felony is 16 (A) a crime involving domestic violence, as defined in 17 AS 18.66.990; 18 (B) a crime against the person under AS 11.41; 19 (C) an offense under AS 11.56.730; 20 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has 21 been assessed as being low or moderate risk on the pretrial risk assessment; 22 (4) an offense for which no finding has been made under (d) of this 23 section that is 24 (A) an offense under AS 28.35.030 or 28.35.032, and the 25 defendant has been assessed as being high risk on the pretrial risk assessment; 26 (B) an offense under AS 11.56.730 or 11.56.757, and the 27 defendant has been assessed as being low to moderate risk on the pretrial risk 28 assessment; 29 (C) any other offense, and the defendant has been assessed as 30 being low risk on the pretrial risk assessment. 31 (d) For an offense under (c)(4) of this section, if the pretrial services officer
01 finds substantial evidence that no nonmonetary conditions of release in combination 02 with a personal recognizance release or unsecured bond can reasonably ensure the 03 appearance of the person in court and the safety of the victim, other persons, and the 04 community, the pretrial services officer may recommend to the court more restrictive 05 release conditions than otherwise provided for under (c) of this section. 06 (e) Pretrial services officers shall supervise defendants released during the 07 pretrial period and prioritize supervision of defendants accused of serious charges or 08 who are assessed as moderate or high risk on the pretrial risk assessment. Pretrial 09 services officers shall impose the least restrictive level of supervision that will 10 reasonably ensure the appearance of the person in court and the safety of the victim 11 and the community. 12 (f) A pretrial services officer may 13 (1) recommend pretrial diversion to the court before adjudication; 14 (2) arrest a defendant who has been released pretrial without a warrant 15 if the officer has reason to believe the defendant has committed an offense under 16 AS 11.56.730 or 11.56.757 or has violated the defendant's release conditions; 17 (3) refer interested defendants for substance abuse screening, 18 assessment, and treatment on a voluntary basis; and 19 (4) coordinate with community-based organizations and tribal courts 20 and councils to develop and expand pretrial diversion options. 21 Sec. 33.07.040. Pretrial services officers as officers of court. (a) All pretrial 22 services officers shall be available to the superior and district courts and shall be 23 officers of the court. 24 (b) The appointment of a pretrial services officer shall be entered on the 25 journal of the court in the judicial district where the pretrial services officer is 26 assigned, and one copy of the journal entry shall be sent to the administrative director 27 of the Alaska Court System. 28 Sec. 33.07.090. Definitions. In this chapter, 29 (1) "commissioner" means the commissioner of corrections; 30 (2) "program" means the pretrial services program. 31 * Sec. 93. AS 33.16.010(c) is amended to read:
01 (c) A prisoner who is not eligible for special medical, administrative, or 02 discretionary parole, or who is not released on special medical, administrative, or 03 discretionary parole, shall be released on mandatory parole for the term of good time 04 deductions credited under AS 33.20, if the term or terms of imprisonment are two 05 years or more. 06 * Sec. 94. AS 33.16.010(d) is amended to read: 07 (d) A prisoner released on special medical, administrative, discretionary, or 08 mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. 09 Parole may be revoked under AS 33.16.220. 10 * Sec. 95. AS 33.16.010 is amended by adding a new subsection to read: 11 (f) A prisoner eligible under AS 33.16.089 shall be released on administrative 12 parole by the board of parole. 13 * Sec. 96. AS 33.16.060(a) is amended to read: 14 (a) The board shall 15 (1) serve as the parole authority for the state; 16 (2) upon receipt of an application, consider the suitability for parole of 17 a prisoner who is eligible for special medical or discretionary parole; 18 (3) impose parole conditions on all prisoners released under 19 administrative, discretionary, or mandatory parole; 20 (4) under AS 33.16.210, discharge a person from parole when custody 21 is no longer required; 22 (5) maintain records of the meetings and proceedings of the board; 23 (6) recommend to the governor and the legislature changes in the law 24 administered by the board; 25 (7) recommend to the governor or the commissioner changes in the 26 practices of the department and of other departments of the executive branch 27 necessary to facilitate the purposes and practices of parole; 28 (8) upon request of the governor, review and recommend applicants for 29 executive clemency; [AND] 30 (9) execute other responsibilities prescribed by law; and 31 (10) evaluate the eligibility and notify a prisoner of the prisoner's
01 eligibility for administrative and discretionary parole at least 90 days before the 02 prisoner's first date of eligibility. 03 * Sec. 97. AS 33.16 is amended by adding a new section to read: 04 Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner 05 convicted of a misdemeanor or a class B or C felony that is not a sexual felony as 06 defined in AS 12.55.185, who has not been previously convicted of a felony in this or 07 another jurisdiction, and who has been sentenced to an active term of imprisonment of 08 at least 181 days shall be released on administrative parole by the board without a 09 hearing if 10 (1) the prisoner has served the greater of 11 (A) one-fourth of the active term of imprisonment imposed; 12 (B) the mandatory minimum term of imprisonment imposed; or 13 (C) a term of imprisonment imposed under AS 12.55.115; 14 (2) the prisoner is not excluded from eligibility for administrative 15 parole by court order; 16 (3) the prisoner has agreed to and signed the conditions of parole under 17 AS 33.16.050; 18 (4) the victim does not request a hearing to consider issues of public 19 safety under AS 33.16.120; and 20 (5) the prisoner has met the requirements of the case plan established 21 under AS 33.30.011(8). 22 (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 23 does not meet the criteria for release on administrative parole under (a) of this section, 24 the board shall consider the prisoner for discretionary parole. 25 (c) If a victim makes a timely request for a hearing under AS 33.16.120, the 26 board shall conduct the hearing not later than 30 days before the prisoner's earliest 27 parole eligibility date. 28 * Sec. 98. AS 33.16.090(a) is amended to read: 29 (a) A prisoner sentenced to an active term of imprisonment of at least 181 days 30 and who has not been released on administrative parole as provided in 31 AS 33.16.089 may, in the discretion of the board, be released on discretionary parole
01 if the prisoner 02 (1) has served the amount of time specified under (b) of this section, 03 except that 04 (A) [(1)] a prisoner sentenced to one or more mandatory 99- 05 year terms under AS 12.55.125(a) or one or more definite terms under 06 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 07 (B) [(2)] a prisoner is not eligible for consideration of 08 discretionary parole if made ineligible by order of a court under AS 12.55.115; 09 (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not 10 eligible for discretionary parole unless the actual term of imprisonment is more 11 than one year; or 12 (2) is at least 60 years of age, has served at least 10 years of a 13 sentence for one or more crimes in a single judgment, and has not been convicted 14 of an unclassified felony or a sexual felony as defined in AS 12.55.185. 15 * Sec. 99. AS 33.16.090(b) is amended to read: 16 (b) A prisoner eligible under (a)(1) of this section who is sentenced 17 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 18 released on discretionary parole until the prisoner has served the mandatory minimum 19 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 20 imposed, or any term set under AS 12.55.115, whichever is greatest; 21 (2) to a single sentence within or below a presumptive range set out in 22 AS 12.55.125(i)(1)(C) - (F) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], 23 and has not been allowed by the three-judge panel under AS 12.55.175 to be 24 considered for discretionary parole release, may not be released on discretionary 25 parole until the prisoner has served the term imposed, less good time earned under 26 AS 33.20.010; 27 (3) to a single sentence under AS 12.55.125(i)(1)(C) - (F) 28 [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], and has been allowed by the 29 three-judge panel under AS 12.55.175 to be considered for discretionary parole release 30 during the second half of the sentence, may not be released on discretionary parole 31 until
01 (A) the prisoner has served that portion of the active term of 02 imprisonment required by the three-judge panel; and 03 (B) in addition to the factors set out in AS 33.16.100(a), the 04 board determines that 05 (i) the prisoner has successfully completed all 06 rehabilitation programs ordered by the three-judge panel that were 07 made available to the prisoner; and 08 (ii) the prisoner would not constitute a danger to the 09 public if released on parole; 10 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 11 the applicable presumptive range may not be released on discretionary parole until the 12 prisoner has served the greater of the following: 13 (A) an amount of time, less good time earned under 14 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 15 of the amount of time above the presumptive range; or 16 (B) any term set under AS 12.55.115; 17 (5) to a single sentence under any other provision of law may not be 18 released on discretionary parole until the prisoner has served at least one-fourth of the 19 active term of imprisonment, any mandatory minimum sentence imposed under any 20 provision of law, or any term set under AS 12.55.115, whichever is greatest; 21 (6) to concurrent sentences may not be released on discretionary parole 22 until the prisoner has served the greatest of 23 (A) any mandatory minimum sentence or sentences imposed 24 under any provision of law; 25 (B) any term set under AS 12.55.115; or 26 (C) the amount of time that is required to be served under (1) - 27 (5) of this subsection for the sentence imposed for the primary crime, had that 28 been the only sentence imposed; 29 (7) to consecutive or partially consecutive sentences may not be 30 released on discretionary parole until the prisoner has served the greatest of 31 (A) the composite total of any mandatory minimum sentence or
01 sentences imposed under any provision of law, including AS 12.55.127; 02 (B) any term set under AS 12.55.115; or 03 (C) the amount of time that is required to be served under (1) - 04 (5) of this subsection for the sentence imposed for the primary crime, had that 05 been the only sentence imposed, plus one-quarter of the composite total of the 06 active term of imprisonment imposed as consecutive or partially consecutive 07 sentences imposed for all crimes other than the primary crime. 08 * Sec. 100. AS 33.16.100(a) is amended to read: 09 (a) The board may authorize the release of a prisoner convicted of an 10 unclassified felony who is otherwise eligible under AS 12.55.115 and AS 33.16.090 11 on discretionary parole if it determines a reasonable probability exists that 12 (1) the prisoner will live and remain at liberty without violating any 13 laws or conditions imposed by the board; 14 (2) the prisoner's rehabilitation and reintegration into society will be 15 furthered by release on parole; 16 (3) the prisoner will not pose a threat of harm to the public if released 17 on parole; and 18 (4) release of the prisoner on parole would not diminish the seriousness 19 of the crime. 20 * Sec. 101. AS 33.16.100(b) is amended to read: 21 (b) If the board finds a change in circumstances in a prisoner's preparole 22 reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED 23 UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who 24 has been granted a parole release date, the board may rescind or revise the previously 25 granted parole release date. In reconsidering the release date, the procedures set out in 26 AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed. 27 * Sec. 102. AS 33.16.100 is amended by adding a new subsection to read: 28 (f) The board may authorize the release of a prisoner who has been convicted 29 of more than one felony, other than an unclassified felony, in this or another 30 jurisdiction, if the prisoner is eligible for discretionary parole under AS 12.55.115 and 31 AS 33.16.090, has met the requirements of a case plan created under AS 33.30.011(8),
01 and has agreed to the conditions of supervision, unless the board finds by clear and 02 convincing evidence on the record that the prisoner poses a threat of harm to the 03 public if released. If the board finds that failure to complete the requirements of a case 04 plan was not caused by the prisoner, the board may waive the incomplete 05 requirements. 06 * Sec. 103. AS 33.16.110(a) is amended to read: 07 (a) In determining whether a prisoner is suitable for discretionary parole, the 08 board shall consider the preparole reports including 09 (1) the presentence report made to the sentencing court; 10 (2) the recommendations made by the sentencing court, by the 11 prosecuting attorney, and by the defense attorney, and any statements made by the 12 victim or the prisoner at sentencing; 13 (3) the prisoner's institutional conduct history while incarcerated; 14 (4) recommendations made by the staff of the correctional facilities in 15 which the prisoner was incarcerated; 16 (5) reports of prior crimes, juvenile histories, and previous experiences 17 of the prisoner on parole or probation; 18 (6) physical, mental, and psychiatric examinations of the prisoner; 19 (7) information submitted by the prisoner, the sentencing court, the 20 victim of the crime, the prosecutor, or other persons having knowledge of the prisoner 21 or the crime; 22 (8) information concerning an unjustified disparity in the sentence 23 imposed on a prisoner in relation to other sentences imposed under similar 24 circumstances; [AND] 25 (9) other relevant information that may be reasonably available; 26 (10) the case plan created under AS 33.30.011(8) for the prisoner, 27 including a compliance report on the case plan; and 28 (11) a reentry plan created under AS 33.30.011(9). 29 * Sec. 104. AS 33.16.120(a) is amended to read: 30 (a) If the victim of a crime against a person or arson in the first degree requests 31 notice of a scheduled hearing to review or consider discretionary parole for a prisoner
01 convicted of that crime, the board shall send notice of the hearing to the victim at least 02 30 days before the hearing. The notice must be accompanied by a copy of the 03 prisoner's preparole reports listed in AS 33.16.110 [APPLICATION FOR PAROLE 04 SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the preparole 05 reports [APPLICATION] sent to the victim may not include the prisoner's 06 confidential health information, information protected under AS 33.16.170, 07 proposed residence, or [AND] employment addresses. 08 * Sec. 105. AS 33.16.120(f) is amended to read: 09 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 10 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the 11 victim before the prisoner's release date. Notification under this subsection must 12 include the expected date of the prisoner's release, the geographic area in which the 13 prisoner is required to reside, and other pertinent information concerning the prisoner's 14 conditions of parole that may affect the victim. 15 * Sec. 106. AS 33.16.120(g) is amended to read: 16 (g) A victim of a crime involving domestic violence shall be informed by the 17 board at least 30 days in advance of a scheduled hearing to review or consider 18 [DISCRETIONARY] parole for a prisoner. The board shall inform the victim of any 19 decision to grant or deny [DISCRETIONARY] parole or to release the prisoner under 20 AS 33.16.010(c). If the prisoner is to be released, the victim shall be notified of the 21 expected date of the release, the geographic area in which the prisoner will reside, and 22 any other information concerning conditions of parole that may affect the victim. The 23 victim shall also be informed of any changes in the conditions of parole that may 24 affect the victim. The board shall send the notice required to the last known address of 25 the victim. A person may not bring a civil action for damages for a failure to comply 26 with the provisions of this subsection. 27 * Sec. 107. AS 33.16.120 is amended by adding a new subsection to read: 28 (h) A victim who has a right to notice under (a) of this section may request a 29 hearing before a prisoner is released on administrative parole under AS 33.16.089. The 30 notice to the victim must include the procedure and time frame for requesting a 31 hearing.
01 * Sec. 108. AS 33.16.130 is repealed and reenacted to read: 02 Sec. 33.16.130. Parole procedures. (a) The parole board shall hold a hearing 03 for all prisoners who are eligible for parole before granting an eligible prisoner special 04 medical or discretionary parole. The board shall also hold a hearing if requested by a 05 victim under procedures established for the request for a prisoner eligible for 06 administrative parole. A hearing shall be conducted within the following time frames: 07 (1) for prisoners eligible under AS 33.16.100(a), not less than 90 days 08 before the first parole eligibility date; 09 (2) for all other prisoners, not less than 30 days after the board is 10 notified of the need for a hearing by the commissioner or the commissioner's designee. 11 (b) The commissioner or the commissioner's designee shall furnish a copy of 12 the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted 13 access to all records that the board will consider in making its decision except those 14 that are made confidential by law. The prisoner may also respond in writing to all 15 materials the board considers, be present at the hearing, and present evidence to the 16 board. 17 (c) If the board denies parole, the board shall state the reasons for the denial, 18 identify all of the factors considered relevant to the denial, and provide a written plan 19 for addressing all of the factors relevant to the denial. The board may schedule a 20 subsequent parole hearing at the time of the denial or at a later date as follows: 21 (1) for the first parole denial, within two years after the first parole 22 eligibility date; 23 (2) for the second and subsequent denials, within two years after the 24 most recent parole hearing. 25 (d) The board shall issue its decision in writing and provide a copy of the 26 decision to the prisoner. 27 * Sec. 109. AS 33.16.140 is amended to read: 28 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 29 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 30 custody ends, shall be furnished to each prisoner released on special medical, 31 administrative, discretionary, or mandatory parole.
01 * Sec. 110. AS 33.16.150(a) is amended to read: 02 (a) As a condition of parole, a prisoner released on special medical, 03 administrative, discretionary, or mandatory parole 04 (1) shall obey all state, federal, or local laws or ordinances, and any 05 court orders applicable to the parolee; 06 (2) shall make diligent efforts to maintain steady employment or meet 07 family obligations; 08 (3) shall, if involved in education, counseling, training, or treatment, 09 continue in the program unless granted permission from the parole officer assigned to 10 the parolee to discontinue the program; 11 (4) shall report 12 (A) upon release to the parole officer assigned to the parolee; 13 (B) at other times, and in the manner, prescribed by the board or 14 the parole officer assigned to the parolee; 15 (5) shall reside at a stated place and not change that residence without 16 notifying, and receiving permission from, the parole officer assigned to the parolee; 17 (6) shall remain within stated geographic limits unless written 18 permission to depart from the stated limits is granted the parolee; 19 (7) may not use, possess, handle, purchase, give, distribute, or 20 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 21 drug for which a prescription is required under state or federal law without a 22 prescription from a licensed medical professional to the parolee; 23 (8) may not possess or control a firearm; in this paragraph, "firearm" 24 has the meaning given in AS 11.81.900; 25 (9) may not enter into an agreement or other arrangement with a law 26 enforcement agency or officer that will place the parolee in the position of violating a 27 law or parole condition without the prior approval of the board; 28 (10) may not contact or correspond with anyone confined in a 29 correctional facility of any type serving any term of imprisonment or a felon without 30 the permission of the parole officer assigned to a parolee; 31 (11) shall agree to waive extradition from any state or territory of the
01 United States and to not contest efforts to return the parolee to the state; 02 (12) shall provide a blood sample, an oral sample, or both, when 03 requested by a health care professional acting on behalf of the state to provide the 04 sample or samples, or an oral sample when requested by a juvenile or adult 05 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 06 released after a conviction of an offense requiring the state to collect the sample or 07 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 08 (13) from a conviction for a sex offense shall submit to regular periodic 09 polygraph examinations; in this paragraph, "sex offense" has the meaning given in 10 AS 12.63.100. 11 * Sec. 111. AS 33.16.150(b) is amended to read: 12 (b) The board may require as a condition of special medical, administrative, 13 discretionary, or mandatory parole, or a member of the board acting for the board 14 under (e) of this section may require as a condition of administrative or mandatory 15 parole, that a prisoner released on parole 16 (1) not possess or control a defensive weapon, a deadly weapon other 17 than an ordinary pocket knife with a blade three inches or less in length, or 18 ammunition for a firearm, or reside in a residence where there is a firearm capable of 19 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 20 weapon," "defensive weapon," and "firearm" have the meanings given in 21 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 22 (2) refrain from possessing or consuming alcoholic beverages; 23 (3) submit to reasonable searches and seizures by a parole officer, or a 24 peace officer acting under the direction of a parole officer; 25 (4) submit to appropriate medical, mental health, or controlled 26 substance or alcohol examination, treatment, or counseling; 27 (5) submit to periodic examinations designed to detect the use of 28 alcohol or controlled substances; the periodic examinations may include testing under 29 the program established under AS 33.16.060(c); 30 (6) make restitution ordered by the court according to a schedule 31 established by the board;
01 (7) refrain from opening, maintaining, or using a checking account or 02 charge account; 03 (8) refrain from entering into a contract other than a prenuptial contract 04 or a marriage contract; 05 (9) refrain from operating a motor vehicle; 06 (10) refrain from entering an establishment where alcoholic beverages 07 are served, sold, or otherwise dispensed; 08 (11) refrain from participating in any other activity or conduct 09 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 10 current circumstances, or perceived risk to the community, or from associating with 11 any other person that the board determines is reasonably likely to diminish the 12 rehabilitative goals of parole, or that may endanger the public; in the case of special 13 medical parole, for a prisoner diagnosed with a communicable disease, comply with 14 conditions set by the board designed to prevent the transmission of the disease. 15 * Sec. 112. AS 33.16.150(e) is amended to read: 16 (e) The board may designate a member of the board to act on behalf of the 17 board in imposing conditions of administrative or mandatory parole under (a) and (b) 18 of this section, in delegating imposition of conditions of administrative or mandatory 19 parole under (c) of this section, and in setting the period of compliance with the 20 conditions of administrative or mandatory parole under (d) of this section. The 21 decision of a member of the board under this section is the decision of the board. A 22 prisoner or parolee aggrieved by a decision of a member of the board acting for the 23 board under this subsection may apply to the board under AS 33.16.160 for a change 24 in the conditions of administrative or mandatory parole. 25 * Sec. 113. AS 33.16.150(f) is amended to read: 26 (f) In addition to other conditions of parole imposed under this section, the 27 board may impose as a condition of special medical, administrative, discretionary, or 28 mandatory parole for a prisoner serving a term for a crime involving domestic 29 violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a 30 requirement that, at the prisoner's expense, the prisoner participate in and complete, to 31 the satisfaction of the board, a program for the rehabilitation of perpetrators of
01 domestic violence that meets the standards set by, and that is approved by, the 02 department under AS 44.28.020(b); and (3) any other condition necessary to 03 rehabilitate the prisoner. The board shall establish procedures for the exchange of 04 information concerning the parolee with the victim and for responding to reports of 05 nonattendance or noncompliance by the parolee with conditions imposed under this 06 subsection. The board may not under this subsection require a prisoner to participate 07 in and complete a program for the rehabilitation of perpetrators of domestic violence 08 unless the program meets the standards set by, and is approved by, the department 09 under AS 44.28.020(b). 10 * Sec. 114. AS 33.16.150(g) is amended to read: 11 (g) In addition to other conditions of parole imposed under this section for a 12 prisoner serving a sentence for an offense where the aggravating factor provided in 13 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 14 condition of special medical, administrative, discretionary, and mandatory parole a 15 requirement that the prisoner submit to electronic monitoring. Electronic monitoring 16 under this subsection must provide for monitoring of the prisoner's location and 17 movements by Global Positioning System technology. The board shall require a 18 prisoner serving a period of probation with electronic monitoring as provided under 19 this subsection to pay all or a portion of the costs of the electronic monitoring, but 20 only if the prisoner has sufficient financial resources to pay the costs or a portion of 21 the costs. A prisoner subject to electronic monitoring under this subsection is not 22 entitled to a credit for time served in a correctional facility while the defendant is on 23 parole. In this subsection, "correctional facility" has the meaning given in 24 AS 33.30.901. 25 * Sec. 115. AS 33.16.180 is amended to read: 26 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 27 (1) conduct investigations of prisoners eligible for administrative or 28 discretionary parole, as requested by the board and as provided in this section; 29 (2) supervise the conduct of parolees; 30 (3) appoint and assign parole officers and personnel; 31 (4) provide the board, within 30 days after sentencing, information on a
01 sentenced prisoner who may be eligible for administrative parole under 02 AS 33.16.089 or discretionary parole under AS 33.16.090; 03 (5) notify the board and provide information on a prisoner 120 days 04 before the prisoner's mandatory release date, if the prisoner is to be released on [TO] 05 mandatory parole; [AND] 06 (6) maintain records, files, and accounts as requested by the board; 07 (7) prepare preparole reports under AS 33.16.110(a); 08 (8) notify the board in writing of a prisoner's compliance or 09 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not 10 less than 30 days before the prisoner's next parole eligibility date or the 11 prisoner's parole hearing date, whichever is earlier; 12 (9) establish an administrative sanction and incentive program to 13 facilitate a swift and certain response to a parolee's compliance with or violation 14 of the conditions of parole and shall adopt regulations to implement the program; 15 at a minimum, the regulations must include 16 (A) a decision-making process to guide parole officers in 17 determining the suitable response to positive and negative offender 18 behavior that includes a list of sanctions for the most common types of 19 negative behavior, including technical violations of conditions of parole, 20 and a list of incentives for compliance with conditions and positive 21 behavior that exceeds those conditions; 22 (B) policies and procedures that ensure 23 (i) a process for responding to negative behavior that 24 includes a review of previous violations and sanctions; 25 (ii) that enhanced sanctions for certain negative 26 conduct are approved by the commissioner or the commissioner's 27 designee; and 28 (iii) that appropriate due process protections are 29 included in the process, including notice of negative behavior, an 30 opportunity to dispute the accusation and the sanction, and an 31 opportunity to request a review of the accusation and the sanction;
01 (10) calculate and keep records of the parole reduction for a 02 parolee who is eligible for the reduction under AS 33.16.210(d); 03 (11) notify the board at least 30 days before the earliest date a 04 parolee's parole will be discharged under AS 33.16.210(d); and 05 (12) within 30 days after sentencing of an offender, provide the 06 victim of a crime information on the earliest dates the offender could be released 07 on furlough, probation, or parole, including deductions or reductions for good 08 time or other good conduct incentives and the process for release, including 09 contact information for the decision-making bodies. 10 * Sec. 116. AS 33.16.200 is amended to read: 11 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 12 board retains custody of special medical, administrative, discretionary, and 13 mandatory parolees until the expiration of the maximum term or terms of 14 imprisonment to which the parolee is sentenced. 15 * Sec. 117. AS 33.16.210 is amended to read: 16 Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally 17 discharge a parolee from the jurisdiction and custody of the board after the parolee has 18 completed one year [TWO YEARS] of parole. A discretionary parolee with a residual 19 period of probation may, after one year [TWO YEARS] of parole, be discharged by 20 the board to immediately begin serving the residual period of probation. 21 (b) Notwithstanding (a) of this section, the board may unconditionally 22 discharge a mandatory parolee before the parolee has completed one year [TWO 23 YEARS] of parole if the parolee is serving a concurrent period of residual probation 24 under AS 33.20.040(c), and the period of residual probation and the period of 25 suspended imprisonment each equal or exceed the period of mandatory parole. 26 * Sec. 118. AS 33.16.210 is amended by adding new subsections to read: 27 (c) Notwithstanding (a) of this section, the board may unconditionally 28 discharge a parolee if the parolee 29 (1) has completed at least one year on parole; 30 (2) has completed all treatment programs required as a condition of 31 parole;
01 (3) is currently in compliance with all conditions of parole; and 02 (4) has not been convicted of an unclassified felony offense, a sexual 03 felony as defined by AS 12.55.185, or a crime involving domestic violence as defined 04 by AS 18.66.990. 05 (d) The board shall grant a parole incentive reduction for good conduct by a 06 person on parole of 30 days for each 30-day period of parole that a parolee 07 successfully complies with all of the conditions of parole for one or more 30-day 08 period immediately preceding the reduction computation. The board may not grant a 09 reduction for less than a 30-day period. 10 * Sec. 119. AS 33.16 is amended by adding a new section to read: 11 Sec. 33.16.215. Sanctions for a technical violation of parole. (a) If a parolee 12 is serving a period of parole for an offense, the board may find that the parolee has 13 committed a technical violation of parole. If the board finds that a parolee has 14 committed a technical violation of parole that does not include absconding, the board 15 may revoke parole and return the parolee to the custody of the commissioner and then 16 place the person back on parole after the appropriate period of time below: 17 (1) three days for the first technical violation of parole filed with the 18 board; 19 (2) five days for the second technical violation of parole filed with the 20 board; 21 (3) 10 days for the third technical violation of parole filed with the 22 board; and 23 (4) the remainder of the sentence for a fourth or subsequent technical 24 violation of parole. 25 (b) If the board revokes parole for absconding, the board may place a person 26 back on parole after the person has served up to 30 days. 27 (c) This section does not apply if the parolee is enrolled in the program 28 established under AS 33.16.060(c). 29 (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) 30 and does not comply with the board's order, the board may order the parolee to show 31 cause why the board should not revoke the parole for noncompletion of treatment. In a
01 parole revocation proceeding brought as a result of failure to complete treatment, it is 02 an affirmative defense that the parolee was unable to afford the cost of treatment or 03 secure a place in a free treatment program, despite having made continuing good faith 04 efforts. If the board finds that the parolee was unable to complete treatment despite 05 having made continuing good faith efforts, the parole may not be revoked solely 06 because of an inability to pay. If the board does not find that the noncompletion of 07 treatment was attributable to the parolee's inability to pay, the board may revoke 08 parole subject to the limits established in this section. 09 (e) In this section, 10 (1) "absconding" means failing to report within five working days after 11 release from custody under AS 33.20.030 or failing to report to a parole officer within 12 30 days after release from custody; 13 (2) "technical violation" means a violation of the conditions of parole 14 that does not result from 15 (A) an arrest for a new criminal offense; or 16 (B) failing to complete sex offender treatment. 17 * Sec. 120. AS 33.16.220(b) is amended to read: 18 (b) If a parolee has been arrested for the commission of a new criminal 19 offense or for failing to complete a sex offender treatment program, except 20 [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a 21 preliminary hearing within 15 working days after the arrest and incarceration of a 22 parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE 23 SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board 24 or its designee shall determine if there is probable cause to believe that the parolee 25 violated the conditions of parole and, when probable cause exists, whether the parolee 26 should be released pending a final revocation hearing. A finding of probable cause at a 27 preliminary hearing in a criminal case is conclusive proof of probable cause that a 28 parole violation occurred. 29 * Sec. 121. AS 33.16.220(f) is amended to read: 30 (f) If a parolee has had a preliminary hearing under (b) of this section, the 31 [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a
01 parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this 02 section. 03 * Sec. 122. AS 33.16.220(i) is amended to read: 04 (i) If, after the final revocation hearing, the board finds that the parolee has 05 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 06 ordinance, the board may revoke all or a portion of the parole subject to the limits set 07 out in AS 33.16.215, or change any condition of parole. The board cannot extend 08 the period of parole beyond the maximum sentence imposed by the sentencing 09 court. 10 * Sec. 123. AS 33.16.220 is amended by adding a new subsection to read: 11 (j) If a parolee has been arrested for a technical violation of conditions of 12 parole, the board or its designee shall hold a final hearing within 15 working days. 13 * Sec. 124. AS 33.16.240(e) is amended to read: 14 (e) A parolee charged with a new crime or failure to comply with a sex 15 offender treatment program [ARRESTED FOR VIOLATION OF PAROLE] is not 16 entitled to bail. 17 * Sec. 125. AS 33.16.240 is amended by adding new subsections to read: 18 (h) A parolee arrested under this section for a technical violation shall be 19 released without bail once the parolee has served the maximum number of days that 20 could be served for a technical violation under AS 33.16.215. Nothing in this 21 subsection prohibits the board or its designee from releasing a parolee sooner. 22 (i) The board or its designee may impose additional conditions necessary to 23 ensure the parolee's appearance at a hearing held under AS 33.16.220(h). 24 * Sec. 126. AS 33.16.900 is amended by adding a new paragraph to read: 25 (14) "administrative sanctions and incentives" means responses by a 26 parole officer to a parolee's compliance with or violation of the conditions of parole 27 under AS 33.16.180. 28 * Sec. 127. AS 33.20.010(c) is amended to read: 29 (c) A prisoner may not be awarded a good time deduction under (a) of this 30 section for any period spent in a treatment program or [,] in a private residence. A 31 prisoner may be awarded a good time deduction under (a) of this section for any
01 period spent [, OR] while under electronic monitoring. 02 * Sec. 128. AS 33.20.010 is amended by adding a new subsection to read: 03 (d) Notwithstanding (a) and (c) of this section, the commissioner of corrections 04 shall award to a prisoner convicted of a sexual offense that is ineligible for a deduction 05 under (a)(3)(A) or (B) of this section and sentenced to a term of imprisonment that 06 exceeds three days a deduction of one-third of the term of imprisonment rounded off 07 to the nearest day for periods during which the prisoner follows the rules of the 08 correctional facility in which the prisoner is confined. The commissioner may not 09 award the deduction under this subsection until the prisoner successfully completes the 10 treatment requirements in the prisoner's case plan. 11 * Sec. 129. AS 33.30.011 is amended to read: 12 Sec. 33.30.011. Duties of commissioner. The commissioner shall 13 (1) establish, maintain, operate, and control correctional facilities 14 suitable for the custody, care, and discipline of persons charged or convicted of 15 offenses against the state or held under authority of state law; each correctional facility 16 operated by the state shall be established, maintained, operated, and controlled in a 17 manner that is consistent with AS 33.30.015; 18 (2) classify prisoners; 19 (3) for persons committed to the custody of the commissioner, establish 20 programs, including furlough programs that are reasonably calculated to 21 (A) protect the public and the victims of crimes committed by 22 prisoners; 23 (B) maintain health; 24 (C) create or improve occupational skills; 25 (D) enhance educational qualifications; 26 (E) support court-ordered restitution; and 27 (F) otherwise provide for the rehabilitation and reformation of 28 prisoners, facilitating their reintegration into society; 29 (4) provide necessary 30 (A) medical services for prisoners in correctional facilities or 31 who are committed by a court to the custody of the commissioner, including
01 examinations for communicable and infectious diseases; 02 (B) psychological or psychiatric treatment if a physician or 03 other health care provider, exercising ordinary skill and care at the time of 04 observation, concludes that 05 (i) a prisoner exhibits symptoms of a serious disease or 06 injury that is curable or may be substantially alleviated; and 07 (ii) the potential for harm to the prisoner by reason of 08 delay or denial of care is substantial; and 09 (C) assessment or screening of the risks and needs of offenders 10 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 11 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 12 disorder; 13 (5) establish minimum standards for sex offender treatment programs 14 offered to persons who are committed to the custody of the commissioner; 15 (6) provide for fingerprinting in correctional facilities in accordance 16 with AS 12.80.060; [AND] 17 (7) establish a program to conduct assessments of the risks and needs of 18 offenders sentenced to serve a term of incarceration of 30 days or more and provide to 19 the legislature, by electronic means, by January 15, 2017, and thereafter by 20 January 15, preceding the first regular session of each legislature, a report 21 summarizing the findings and results of the program; the program must include a 22 requirement for an assessment before release and within 24 hours after initial 23 arrest and detention; 24 (8) establish a procedure that provides for each prisoner required 25 to serve an active term of imprisonment of 30 days or more a written case plan 26 that is 27 (A) provided to the prisoner within 90 days after 28 sentencing; 29 (B) based on the results of the assessment of the prisoner's 30 risks and needs under (7) of this section; 31 (C) to the extent feasible, incorporated into institutional
01 conduct of the prisoner and the correctional facility staff; 02 (D) modified when necessary for changes in classification, 03 housing status, medical or mental health, and resource availability; 04 (9) establish a program for reentry planning for each prisoner 05 serving an active term of imprisonment of 181 days or more that provides a 06 written plan to the prisoner not less than 90 days before release to furlough, 07 probation, or parole; the reentry plan must include 08 (A) information on the prisoner's proposed 09 (i) residence; 10 (ii) employment or alternative means of support; 11 (iii) treatment options; 12 (iv) counseling services; 13 (v) education or job training services; 14 (B) any other requirements for successful transition back to 15 the community, including electronic monitoring or furlough for the period 16 between a scheduled parole hearing and parole eligibility; and 17 (10) establish minimum standards for electronic monitoring for 18 offenders and procedures for approving electronic monitoring programs 19 provided by private contractors. 20 * Sec. 130. AS 33.30.013(a) is amended to read: 21 (a) The commissioner shall notify the victim if the offender 22 (1) escapes from custody; 23 (2) is eligible for or receives a parole reduction under 24 AS 33.16.210(d); or 25 (3) is released to the community on a furlough, on an early release 26 program, or for any other reason. 27 * Sec. 131. AS 33.30 is amended by adding a new section to read: 28 Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The 29 commissioner shall establish a program to prepare a prisoner who is serving a sentence 30 of imprisonment exceeding one year for the prisoner's discharge, release on parole or 31 probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the
01 date of the prisoner's discharge, release, or furlough. 02 (b) The program established under (a) of this section must include 03 (1) instruction on 04 (A) obtaining state identification; 05 (B) community resources available for housing, employment, 06 and treatment; 07 (2) an individualized reentry plan for the prisoner; and 08 (3) probation and parole orientation, if appropriate. 09 * Sec. 132. AS 33.30.151 is amended to read: 10 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 11 establish correctional restitution centers in the state. The purpose of the centers is to 12 provide certain offenders with rehabilitation through comprehensive treatment for 13 substance abuse, cognitive behavioral disorders, and other criminal risk factors, 14 including aftercare support, community service, and employment, while protecting 15 the community through partial incarceration of the offender, and to create a means to 16 provide restitution to victims of crimes. 17 (b) The commissioner shall adopt regulations setting standards for the 18 operation of the centers including 19 (1) requirements that the centers be secure and in compliance with state 20 and local safety laws; 21 (2) standards for disciplinary rules to be imposed on prisoners confined 22 to the centers; 23 (3) standards for the granting of emergency absence to prisoners 24 confined to the centers; 25 (4) standards for classifying prisoners to centers; 26 (5) standards for mandatory employment and participation in 27 community service programs in each center; [AND] 28 (6) standards for periodic review of the performance of prisoners 29 confined to the centers and quality assurance measures to ensure centers are 30 meeting state standards and contractual obligations; 31 (7) standards for the provision of treatment, including substance
01 abuse treatment, cognitive behavioral therapy, and aftercare designed to address 02 an offender's individual criminogenic needs; and 03 (8) standards and a process to assess an offender's risk of 04 recidivating and the criminal risk factors and needs that reduce the risk of 05 recidivating and ensure that 06 (A) high risk offenders with moderate to high needs are a 07 priority for acceptance into a correctional restitution center; and 08 (B) centers establish internal procedures to limit the mixing 09 of low and high risk prisoners. 10 * Sec. 133. AS 34.03.360(7) is amended to read: 11 (7) "illegal activity involving a controlled substance" means a violation 12 of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1) 13 OR (2)], or 11.71.040(a)(1), (2), or (5); 14 * Sec. 134. AS 43.23.065(b) is amended to read: 15 (b) An exemption is not available under this section for permanent fund 16 dividends taken to satisfy 17 (1) child support obligations required by court order or decision of the 18 child support services agency under AS 25.27.140 - 25.27.220; 19 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 20 12.55.100, or AS 47.12.120(b)(4); 21 (3) claims on defaulted education loans under AS 43.23.067; 22 (4) court ordered fines; 23 (5) writs of execution under AS 09.35 of a judgment that is entered 24 (A) against a minor in a civil action to recover damages and 25 court costs; 26 (B) under AS 09.65.255 against the parent, parents, or legal 27 guardian of an unemancipated minor; 28 (6) a debt owed by an eligible individual to an agency of the state, 29 including the University of Alaska, unless the debt is contested and an appeal is 30 pending, or the time limit for filing an appeal has not expired; 31 (7) a debt owed to a person for a program for the rehabilitation of
01 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 02 AS 25.20.061(3), or AS 33.16.150(f)(2); 03 (8) a judgment for unpaid rent or damage owed to a landlord by an 04 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 05 meaning given in AS 34.03.360; 06 (9) court-ordered forfeiture of an appearance or performance bond 07 under AS 12.30.075. 08 * Sec. 135. AS 47.05 is amended by adding a new section to read: 09 Sec. 47.05.035. Disqualification from public assistance for felony drug 10 offenses. (a) A person convicted during or in the five years preceding a period in 11 which the person is receiving public assistance under AS 47.25 of an offense under 12 AS 11.71.010 - 11.71.050, 11.71.060(a)(2)(B), or by the law of another jurisdiction 13 that has as an element the possession, use, or distribution of a controlled substance, as 14 defined in AS 11.71.900, is disqualified from receiving public assistance under this 15 title unless the person participates in a testing program implemented by the department 16 at least quarterly, on renewal of public assistance eligibility, and on a random basis for 17 the use of illegal controlled substances. A person subject to this section who tests 18 positive for the illegal use of controlled substances or who refuses to submit to a test 19 required under this section is disqualified from receiving public assistance for six 20 months following the date of notice that the person tested positive for the use of illegal 21 controlled substances or from the date the person refused to submit to a test required 22 under this section. 23 (b) The department shall adopt regulations to implement (a) of this section. 24 The regulations adopted by the department must 25 (1) include an appeal process for a person disqualified under (a) of this 26 section; and 27 (2) provide that, where available, an alcohol safety action program 28 approved under AS 47.37.130 shall perform the drug testing. 29 (c) In this section, "public assistance" means 30 (1) a program that provides 31 (A) day care assistance under AS 47.25.001 - 47.25.095;
01 (B) general relief assistance under AS 47.25.120 - 300; or 02 (C) adult public assistance under AS 47.25.430 - 47.25.615; 03 (2) the Alaska affordable heating program under AS 47.25.621 - 04 47.25.626; or 05 (3) the food stamp program under AS 47.25.975 - 47.25.990. 06 * Sec. 136. AS 47.27.015 is amended by adding a new subsection to read: 07 (i) A person convicted after August 22, 1996, of an offense that is classified as 08 a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has 09 as an element the possession, use, or distribution of a controlled substance, as defined 10 in AS 11.71.900, is disqualified from receiving temporary assistance under this 11 chapter or food stamps under AS 47.25 unless the person demonstrates, to the 12 satisfaction of the department, that the person 13 (1) is satisfactorily serving, or has successfully completed, a period of 14 probation or parole; 15 (2) is in the process of serving, or has successfully completed, 16 mandatory participation in a drug or alcohol treatment program; 17 (3) has taken action toward rehabilitation, including participation in a 18 drug or alcohol treatment program; or 19 (4) is in compliance with AS 47.05.035. 20 * Sec. 137. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal 23 Procedure, is amended by adding new subsections to read: 24 (d) Hearing Notice. The court shall provide a notice to a defendant of the date, 25 time, and place of a scheduled hearing at which the defendant is required to appear in 26 a form and manner established by the court. 27 (e) Hearing Reminder. In addition to the notice required under (d) of this rule, 28 the court shall provide a reminder notification to a defendant who is not in custody and 29 to the Department of Corrections at least 48 hours prior to a scheduled hearing at 30 which the defendant is required to appear regarding the date, time, and place of the 31 scheduled hearing and the potential consequences of failure to appear, in a form and
01 manner established by the court. 02 * Sec. 138. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal 05 Procedure, is amended by adding a new subsection to read: 06 (j) Misdemeanor and Felony Bail Schedules. No bail schedule may be 07 established for misdemeanors or felonies. 08 * Sec. 139. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal 11 Procedure, are repealed. 12 * Sec. 140. AS 11.71.020, 11.71.040(a)(3), and 11.71.050(a)(2) are repealed. 13 * Sec. 141. AS 47.27.015(i)(4) is repealed. 14 * Sec. 142. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.006(h), enacted by sec. 39 17 of this Act, has the effect of changing Rule 6, Alaska Rules of Criminal Procedure, by 18 directing the court to arraign a person within 24 hours after arrest, and in no instance later 19 than 48 hours after the person's arrest. 20 (b) AS 12.30.011, as amended by sec. 40 of this Act, and AS 12.30.011(e) - (i), 21 enacted by sec. 41 of this Act, have the effect of changing Rule 41, Alaska Rules of Criminal 22 Procedure, by changing and establishing release conditions for certain defendants, providing 23 for recommendations by pretrial services officers of release conditions based on a pretrial risk 24 assessment score, providing that a court shall order the release of a person under certain 25 circumstances upon execution of an appearance or performance bond, and providing new 26 procedures for use of appearance, surety, and performance bonds. 27 (c) AS 12.55.055(g), enacted by sec. 57 of this Act, has the effect of changing Rule 28 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the 29 judgment that community work hours that are not completed shall be converted to a fine as 30 provided in AS 12.55.055(h), added by sec. 57 of this Act. 31 (d) AS 12.55.078, enacted by sec. 58 of this Act, has the effect of changing Rule 43,
01 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 02 may dismiss charges. 03 (e) AS 12.55.135(s), enacted by sec. 72 of this Act, has the effect of changing Rule 04 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of 05 aggravating factors. 06 (f) AS 33.07, enacted by sec. 92 of this Act, has the effect of changing Rule 41, 07 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures 08 and duties for pretrial services officers as officers of the superior and district courts, for the 09 purposes of performing risk assessments and making pretrial recommendations to the court 10 regarding a person's pretrial release and bail conditions. 11 * Sec. 143. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 APPLICABILITY. (a) The following sections apply to offenses committed on or after 14 the effective date of those sections: 15 (1) AS 11.46.130(a), as amended by sec. 3 of this Act; 16 (2) AS 11.46.140(a), as amended by sec. 4 of this Act; 17 (3) AS 11.46.220(c), as amended by sec. 5 of this Act; 18 (4) AS 11.46.260(b), as amended by sec. 6 of this Act; 19 (5) AS 11.46.270(b), as amended by sec. 7 of this Act; 20 (6) AS 11.46.280(d), as amended by sec. 8 of this Act; 21 (7) AS 11.46.285(b), as amended by sec. 9 of this Act; 22 (8) AS 11.46.482(a), as amended by sec. 11 of this Act; 23 (9) AS 11.46.484(a), as amended by sec. 12 of this Act; 24 (10) AS 11.46.530(b), as amended by sec. 13 of this Act; 25 (11) AS 11.46.620(d), as amended by sec. 14 of this Act; 26 (12) AS 11.46.730(c), as amended by sec. 15 of this Act; 27 (13) AS 11.61.110(c), as amended by sec. 20 of this Act; 28 (14) AS 11.61.145(d), as amended by sec. 21 of this Act; 29 (15) AS 11.66.200(c), as amended by sec. 24 of this Act; 30 (16) AS 11.71.030(a), as amended by sec. 25 of this Act; 31 (17) AS 11.71.040(a), as amended by sec. 28 of this Act;
01 (18) AS 11.71.050(a), as amended by sec. 30 of this Act; 02 (19) AS 11.71.311(a), as amended by sec. 32 of this Act; 03 (20) AS 28.15.291(a), as repealed and reenacted by sec. 78 of this Act; 04 (21) AS 28.15.291(b), as repealed and reenacted by sec. 79 of this Act; 05 (22) AS 29.10.200(21), as amended by sec. 85 of this Act; 06 (23) AS 29.25.070(a), as amended by sec. 86 of this Act; 07 (24) AS 29.25.070(g), enacted by sec. 87 of this Act; and 08 (25) AS 47.27.015(i), enacted by sec. 136 of this Act. 09 (b) The following sections apply to offenses committed before, on, or after the 10 effective date of those sections: 11 (1) AS 11.46.460, as amended by sec. 10 of this Act; 12 (2) AS 11.56.757(b), as amended by sec. 18 of this Act; and 13 (3) AS 11.61.150(c), as amended by sec. 23 of this Act. 14 (c) The following sections apply to offenses committed before, on, or after the 15 effective date of those sections for contacts with peace officers occurring on or after the 16 effective date of those sections: 17 (1) AS 12.25.180, as amended by sec. 33 of this Act; and 18 (2) AS 12.25.190(b), as amended by sec. 35 of this Act. 19 (d) The following sections apply to sentences imposed on or after the effective date of 20 those sections for conduct occurring before, on, or after the effective date of those sections: 21 (1) AS 12.55.015(a), as amended by sec. 49 of this Act; 22 (2) AS 12.55.025(a), as amended by sec. 50 of this Act; 23 (3) AS 12.55.025(c), as amended by sec. 51 of this Act; 24 (4) AS 12.55.027(d), as amended by sec. 52 of this Act; 25 (5) AS 12.55.115, as amended by sec. 66 of this Act; 26 (6) AS 12.55.125(c), as amended by sec. 67 of this Act; 27 (7) AS 12.55.125(d), as amended by sec. 68 of this Act; 28 (8) AS 12.55.125(e), as amended by sec. 69 of this Act; 29 (9) AS 12.55.135(a), as amended by sec. 70 of this Act; 30 (10) AS 12.55.135(b), as amended by sec. 71 of this Act; 31 (11) AS 12.55.135(l) - (s), enacted by sec. 72 of this Act;
01 (12) AS 28.35.030(k), as amended by sec. 81 of this Act; 02 (13) AS 28.35.032(o), as amended by sec. 84 of this Act; 03 (14) AS 33.16.010(c), as amended by sec. 93 of this Act; 04 (15) AS 33.16.010(d), as amended by sec. 94 of this Act; 05 (16) AS 33.16.010(f), enacted by sec. 95 of this Act; 06 (17) AS 33.16.060(a), as amended by sec. 96 of this Act; 07 (18) AS 33.16.089, enacted by sec. 97 of this Act; 08 (19) AS 33.16.090(a), as amended by sec. 98 of this Act; 09 (20) AS 33.16.100(a), as amended by sec. 100 of this Act; 10 (21) AS 33.16.100(f), enacted by sec. 102 of this Act; 11 (22) AS 33.20.010(c), as amended by sec. 127 of this Act; and 12 (23) AS 33.20.010(d), enacted by sec. 128 of this Act. 13 (e) AS 12.30.055(b), enacted by sec. 47 of this Act, applies to persons in custody for a 14 probation violation on or after the effective date of sec. 47 of this Act for a probation violation 15 that occurred before, on, or after the effective date of sec. 47 of this Act. 16 (f) The following sections apply to community work service imposed on or after the 17 effective date of those sections for offenses committed on or after the effective date of those 18 sections: 19 (1) AS 12.55.055(a), as amended by sec. 55 of this Act; 20 (2) AS 12.55.055(c), as amended by sec. 56 of this Act; and 21 (3) AS 12.55.055(g) and (h), enacted by sec. 57 of this Act. 22 (g) AS 12.55.078, enacted by sec. 58 of this Act, applies to prosecutions occurring on 23 or after the effective date of sec. 58 of this Act for offenses committed before, on, or after the 24 effective date of sec. 58 of this Act. 25 (h) The following sections apply to probation ordered on or after the effective date of 26 those sections for offenses committed before, on, or after the effective date of those sections: 27 (1) AS 12.55.051(a), as amended by sec. 53 of this Act; 28 (2) AS 12.55.090(b), as amended by sec. 59 of this Act; 29 (3) AS 12.55.090(c), as amended by sec. 60 of this Act; 30 (4) AS 12.55.090(f), as amended by sec. 61 of this Act; 31 (5) AS 12.55.090(g) - (l), enacted by sec. 62 of this Act;
01 (6) AS 12.55.100(a), as amended by sec. 63 of this Act; 02 (7) AS 12.55.110(c) - (g), enacted by sec. 65 of this Act; 03 (8) AS 33.05.025, enacted by sec. 89 of this Act; and 04 (9) AS 33.05.040, as amended by sec. 90 of this Act. 05 (i) The following sections apply to a revocation of a driver's license, privilege to drive, 06 or privilege to obtain a license occurring on or after the effective date of those sections for 07 conduct occurring before, on, or after the effective date of those sections: 08 (1) AS 28.15.165(e), enacted by sec. 75 of this Act; 09 (2) AS 28.15.181(f), as amended by sec. 76 of this Act; 10 (3) AS 28.15.201(g) and (h), enacted by sec. 77 of this Act; and 11 (4) AS 28.35.030(o), as amended by sec. 83 of this Act. 12 (j) The following sections apply to parole granted on or after the effective date of 13 those sections for conduct occurring before, on, or after the effective date of those sections: 14 (1) AS 33.16.100(b), as amended by sec. 101 of this Act; 15 (2) AS 33.16.130, as repealed and reenacted by sec. 108 of this Act; 16 (3) AS 33.16.140, as amended by sec. 109 of this Act; 17 (4) AS 33.16.150(a), as amended by sec. 110 of this Act; 18 (5) AS 33.16.150(b), as amended by sec. 111 of this Act; 19 (6) AS 33.16.150(e), as amended by sec. 112 of this Act; 20 (7) AS 33.16.150(f), as amended by sec. 113 of this Act; 21 (8) AS 33.16.150(g), as amended by sec. 114 of this Act; 22 (9) AS 33.16.180, as amended by sec. 115 of this Act; 23 (10) AS 33.16.200, as amended by sec. 116 of this Act; 24 (11) AS 33.16.210, as amended by sec. 117 of this Act; 25 (12) AS 33.16.210(c) and (d), enacted by sec. 118 of this Act; 26 (13) AS 33.16.215, enacted by sec. 119 of this Act; 27 (14) AS 33.16.220(b), as amended by sec. 120 of this Act; 28 (15) AS 33.16.220(f), as amended by sec. 121 of this Act; 29 (16) AS 33.16.220(i), as amended by sec. 122 of this Act; 30 (17) AS 33.16.220(j), enacted by sec. 123 of this Act; 31 (18) AS 33.16.240(e), as amended by sec. 124 of this Act; and
01 (19) AS 33.16.240(h) and (i), enacted by sec. 125 of this Act. 02 (k) AS 11.56.730(d), enacted by sec. 16 of this Act, and secs. 137 - 139 of this Act 03 apply to offenses committed on or after the effective date of secs. 16 and 137 - 139 of this 04 Act. 05 (l) The following sections apply to an offense committed on or after the effective date 06 of those sections: 07 (1) AS 12.55.006(c), as amended by sec. 36 of this Act; 08 (2) AS 12.30.006(d), as amended by sec. 37 of this Act; 09 (3) AS 12.30.006(f), as amended by sec. 38 of this Act; 10 (4) AS 12.30.006(h), enacted by sec. 39 of this Act; 11 (5) AS 12.30.011, as amended by sec. 40 of this Act; 12 (6) AS 12.30.011(e) - (i), enacted by sec. 41 of this Act; 13 (7) AS 12.30.016(b), as amended by sec. 42 of this Act; 14 (8) AS 12.30.016(c), as amended by sec. 43 of this Act; 15 (9) AS 12.30.021(a), as amended by sec. 45 of this Act; 16 (10) AS 12.30.021(c), as amended by sec. 46 of this Act; 17 (11) AS 12.55.051(k), enacted by sec. 54 of this Act; 18 (12) AS 33.07, enacted by sec. 92 of this Act; and 19 (13) AS 43.23.065(b), as amended by sec. 134 of this Act. 20 * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 SEVERABILITY. Under AS 01.10.030, if AS 47.05.035, enacted by sec. 135 of this 23 Act, or the application of it to any person or circumstances, is held invalid by a court of 24 competent jurisdiction, the remainder of this Act and the application to other persons or 25 circumstances are not affected. 26 * Sec. 145. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 CONDITIONAL EFFECT. (a) AS 11.56.730(d), enacted by sec. 16 of this Act, takes 29 effect only if sec. 137 of this Act receives the two-thirds majority vote of each house required 30 by art. IV, sec. 15, Constitution of the State of Alaska. 31 (b) AS 12.30.006(h), added by sec. 39 of this Act, takes effect only if sec. 142(a) of
01 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 02 Constitution of the State of Alaska. 03 (c) AS 12.30.011, as amended by sec. 40 of this Act, takes effect only if sec. 142(b) of 04 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 05 Constitution of the State of Alaska. 06 (d) AS 12.30.011(e) - (i), added by sec. 41 of this Act, take effect only if sec. 142(b) 07 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 08 Constitution of the State of Alaska. 09 (e) AS 12.55.055(g), enacted by sec. 57 of this Act, takes effect only if sec. 142(c) of 10 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 11 Constitution of the State of Alaska. 12 (f) AS 12.55.078, enacted by sec. 58 of this Act, takes effect only if sec. 142(d) of this 13 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 14 Constitution of the State of Alaska. 15 (g) AS 12.55.135(s), enacted by sec. 72 of this Act, takes effect only if sec. 142(e) of 16 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 17 Constitution of the State of Alaska. 18 (h) AS 33.07, added by sec. 92 of this Act, takes effect only if sec. 142(f) of this Act 19 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 20 of the State of Alaska. 21 * Sec. 146. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 141 of this Act takes effect 24 only if, before January 1, 2027, a court has entered a final judgment that AS 47.05.035, 25 enacted by sec. 135 of this Act, is unconstitutional, and 26 (1) the time for appeal has expired; or 27 (2) if an appeal was taken, a final order on the appeal has been entered that 28 AS 47.05.035, enacted by sec. 135 of this Act, is unconstitutional. 29 (b) The commissioner of health and social services shall notify the revisor of statutes if, 30 before January 1, 2027, a court enters a final judgment that AS 47.05.035, enacted by sec. 135 31 of this Act, is unconstitutional, and the time for appeal has expired or a final order on the
01 appeal has been entered. 02 * Sec. 147. Sections 36 - 46, 54, 92, and 134 of this Act take effect July 1, 2017. 03 * Sec. 148. If AS 11.56.730(d), enacted by sec. 16 of this Act, and sec. 137 of this Act take 04 effect, they take effect January 1, 2018. 05 * Sec. 149. Sections 138 and 139 of this Act take effect January 1, 2018. 06 * Sec. 150. If sec. 141 of this Act takes effect under sec. 146, it takes effect on the day after 07 the date that the revisor of statutes receives notice from the commissioner of health and social 08 services under sec. 146 of this Act.