HCS CSSSSB 91(JUD): "An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; 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 vehicle registration; relating to off-road system restricted noncommercial drivers' licenses; relating to off-road system eligible areas; relating to motor vehicle liability insurance; relating to background checks for persons applying to operate marijuana establishments; 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 duties of the commissioner of corrections; relating to major medical insurance coverage under the Public Employees' Retirement System of Alaska; amending Rules 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 HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(JUD) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to probation; relating to sentencing; relating to treatment program credit for 03 time spent toward service of a sentence of imprisonment; establishing a pretrial services 04 program with pretrial services officers in the Department of Corrections; relating to 05 permanent fund dividends; relating to electronic monitoring; relating to penalties for 06 violations of municipal ordinances; relating to parole; relating to correctional restitution 07 centers; relating to community work service; relating to vehicle registration; relating to 08 off-road system restricted noncommercial drivers' licenses; relating to off-road system 09 eligible areas; relating to motor vehicle liability insurance; relating to background 10 checks for persons applying to operate marijuana establishments; relating to revocation, 11 termination, suspension, cancellation, or restoration of a driver's license; relating to the 12 disqualification of persons convicted of certain felony drug offenses from participation
01 in the food stamp and temporary assistance programs; relating to the duties of the 02 commissioner of corrections; relating to major medical insurance coverage under the 03 Public Employees' Retirement System of Alaska; amending Rules 32, 32.1, 38, 41, and 04 43, Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and (e), Alaska Rules 05 of Criminal Procedure; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 11.41.110(a) is amended to read: 08 (a) A person commits the crime of murder in the second degree if 09 (1) with intent to cause serious physical injury to another person or 10 knowing that the conduct is substantially certain to cause death or serious physical 11 injury to another person, the person causes the death of any person; 12 (2) the person knowingly engages in conduct that results in the death 13 of another person under circumstances manifesting an extreme indifference to the 14 value of human life; 15 (3) under circumstances not amounting to murder in the first degree 16 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 17 person commits or attempts to commit arson in the first degree, kidnapping, sexual 18 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 19 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 20 degree, escape in the first or second degree, robbery in any degree, or misconduct 21 involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - 22 (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course 23 of or in furtherance of that crime or in immediate flight from that crime, any person 24 causes the death of a person other than one of the participants; 25 (4) acting with a criminal street gang, the person commits or attempts 26 to commit a crime that is a felony and, in the course of or in furtherance of that crime 27 or in immediate flight from that crime, any person causes the death of a person other 28 than one of the participants; or 29 (5) the person with criminal negligence causes the death of a child
01 under the age of 16, and the person has been previously convicted of a crime involving 02 a child under the age of 16 that was 03 (A) a felony violation of AS 11.41; 04 (B) in violation of a law or ordinance in another jurisdiction 05 with elements similar to a felony under AS 11.41; or 06 (C) an attempt, a solicitation, or a conspiracy to commit a 07 crime listed in (A) or (B) of this paragraph. 08 * Sec. 2. AS 11.41.150(a) is amended to read: 09 (a) A person commits the crime of murder of an unborn child if the person 10 (1) with intent to cause the death of an unborn child or of another 11 person, causes the death of an unborn child; 12 (2) with intent to cause serious physical injury to an unborn child or to 13 another person or knowing that the conduct is substantially certain to cause death or 14 serious physical injury to an unborn child or to another person, causes the death of an 15 unborn child; 16 (3) while acting alone or with one or more persons, commits or 17 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 18 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 19 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 20 first or second degree, robbery in any degree, or misconduct involving a controlled 21 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 22 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in 23 furtherance of that crime or in immediate flight from that crime, any person causes the 24 death of an unborn child; 25 (4) knowingly engages in conduct that results in the death of an unborn 26 child under circumstances manifesting an extreme indifference to the value of human 27 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 28 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 29 does not constitute conduct manifesting an extreme indifference to the value of human 30 life. 31 * Sec. 3. AS 11.46.130(a) is amended to read:
01 (a) A person commits the crime of theft in the second degree if the person 02 commits theft as defined in AS 11.46.100 and 03 (1) the value of the property or services, adjusted for inflation as 04 provided in AS 11.46.982, is $1,000 [$750] or more but less than $25,000; 05 (2) the property is a firearm or explosive; 06 (3) the property is taken from the person of another; 07 (4) the property is taken from a vessel and is vessel safety or survival 08 equipment; 09 (5) the property is taken from an aircraft and the property is aircraft 10 safety or survival equipment; 11 (6) the value of the property, adjusted for inflation as provided in 12 AS 11.46.982, is $250 or more but less than $1,000 [$750] and, within the preceding 13 five years, the person has been convicted and sentenced on two or more separate 14 occasions in this or another jurisdiction of 15 (A) an offense under AS 11.46.120, or an offense under 16 another law or ordinance with similar elements; 17 (B) a crime set out in this subsection or an offense under 18 another law or ordinance with similar elements; 19 (C) an offense under AS 11.46.140(a)(1), or an offense under 20 another law or ordinance with similar elements; or 21 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 22 offense under another law or ordinance with similar elements; or 23 (7) the property is an access device. 24 * Sec. 4. AS 11.46.140(a) is amended to read: 25 (a) A person commits the crime of theft in the third degree if the person 26 commits theft as defined in AS 11.46.100 and 27 (1) the value of the property or services, adjusted for inflation as 28 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750]; or 29 (2) [REPEALED] 30 (3) the value of the property is less than $250 and, within the past five 31 years, the person has been convicted and sentenced on two or more separate occasions
01 in this or another jurisdiction of theft or concealment of merchandise, or an offense 02 under another law or ordinance with similar elements. 03 * Sec. 5. AS 11.46.150(a) is amended to read: 04 (a) A person commits the crime of theft in the fourth degree if the person 05 commits theft as defined in AS 11.46.100 and the value of the property or services is 06 less than $250, adjusted for inflation as provided in AS 11.46.982. 07 * Sec. 6. AS 11.46.220(c) is amended to read: 08 (c) Concealment of merchandise is 09 (1) a class C felony if 10 (A) the merchandise is a firearm; 11 (B) the value of the merchandise, adjusted for inflation as 12 provided in AS 11.46.982, is $1,000 [$750] or more; or 13 (C) the value of the merchandise, adjusted for inflation as 14 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750] and, 15 within the preceding five years, the person has been convicted and sentenced 16 on two or more separate occasions in this or another jurisdiction of 17 (i) the offense of concealment of merchandise under 18 this paragraph or (2)(A) of this subsection, or an offense under another 19 law or ordinance with similar elements; or 20 (ii) an offense under AS 11.46.120, 11.46.130, or 21 11.46.140(a)(1), or an offense under another law or ordinance with 22 similar elements; 23 (2) a class A misdemeanor if 24 (A) the value of the merchandise, adjusted for inflation as 25 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750]; or 26 (B) the value of the merchandise is less than $250 and, within 27 the preceding five years, the person has been convicted and sentenced on two 28 or more separate occasions of the offense of concealment of merchandise or 29 theft in any degree, or an offense under another law or ordinance with similar 30 elements; 31 (3) a class B misdemeanor if the value of the merchandise, adjusted
01 for inflation as provided in AS 11.46.982, is less than $250. 02 * Sec. 7. AS 11.46.260(b) is amended to read: 03 (b) Removal of identification marks is 04 (1) a class C felony if the value of the property on which the serial 05 number or identification mark appeared, adjusted for inflation as provided in 06 AS 11.46.982, is $1,000 [$750] or more; 07 (2) a class A misdemeanor if the value of the property on which the 08 serial number or identification mark appeared, adjusted for inflation as provided in 09 AS 11.46.982, is $250 or more but less than $1,000 [$750]; 10 (3) a class B misdemeanor if the value of the property on which the 11 serial number or identification mark appeared, adjusted for inflation as provided in 12 AS 11.46.982, is less than $250. 13 * Sec. 8. AS 11.46.270(b) is amended to read: 14 (b) Unlawful possession is 15 (1) a class C felony if the value of the property on which the serial 16 number or identification mark appeared, adjusted for inflation as provided in 17 AS 11.46.982, is $1,000 [$750] or more; 18 (2) a class A misdemeanor if the value of the property on which the 19 serial number or identification mark appeared, adjusted for inflation as provided in 20 AS 11.46.982, is $250 or more but less than $1,000 [$750]; 21 (3) a class B misdemeanor if the value of the property on which the 22 serial number or identification mark appeared, adjusted for inflation as provided in 23 AS 11.46.982, is less than $250. 24 * Sec. 9. AS 11.46.280(d) is amended to read: 25 (d) Issuing a bad check is 26 (1) a class B felony if the face amount of the check is $25,000 or more; 27 (2) a class C felony if the face amount of the check, adjusted for 28 inflation as provided in AS 11.46.982, is $1,000 [$750] or more but less than 29 $25,000; 30 (3) a class A misdemeanor if the face amount of the check, adjusted 31 for inflation as provided in AS 11.46.982, is $250 or more but less than $1,000
01 [$750]; 02 (4) a class B misdemeanor if the face amount of the check, adjusted 03 for inflation as provided in AS 11.46.982, is less than $250. 04 * Sec. 10. AS 11.46.285(b) is amended to read: 05 (b) Fraudulent use of an access device is 06 (1) a class B felony if the value of the property or services obtained is 07 $25,000 or more; 08 (2) a class C felony if the value of the property or services obtained, 09 adjusted for inflation as provided in AS 11.46.982, is $1,000 [$750] or more but 10 less than $25,000; 11 (3) a class A misdemeanor if the value of the property or services 12 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $1,000 13 [$750]. 14 * Sec. 11. AS 11.46.295 is amended to read: 15 Sec. 11.46.295. Prior convictions. For purposes of considering prior 16 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR 17 11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under 18 AS 11.46.220(c), 19 (1) a conviction for an offense under another law or ordinance with 20 similar elements is a conviction of an offense having elements similar to those of an 21 offense defined as such under Alaska law at the time the offense was committed; 22 (2) a conviction for an offense under Alaska law where the value of the 23 property or services for the offense was lower than the value of property or services 24 for the offense under current Alaska law is a prior conviction for that offense; and 25 (3) the court shall consider the date of a prior conviction as occurring 26 on the date that sentence is imposed for the prior offense. 27 * Sec. 12. AS 11.46.360(a) is amended to read: 28 (a) A person commits the crime of vehicle theft in the first degree if, having 29 no right to do so or any reasonable ground to believe the person has such a right, the 30 person drives, tows away, or takes 31 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft
01 of another; 02 (2) the propelled vehicle of another and 03 (A) the vehicle or any other property of another is damaged in a 04 total amount, adjusted for inflation as provided in AS 11.46.982, of $1,000 05 [$750] or more; 06 (B) the owner incurs reasonable expenses, adjusted for 07 inflation as provided in AS 11.46.982, as a result of the loss of use of the 08 vehicle, in a total amount of $1,000 [$750] or more; or 09 (C) the owner is deprived of the use of the vehicle for seven 10 days or more; 11 (3) the propelled vehicle of another and the vehicle is marked as a 12 police or emergency vehicle; or 13 (4) the propelled vehicle of another and, within the preceding seven 14 years, the person was convicted under 15 (A) this section or AS 11.46.365; 16 (B) former AS 11.46.482(a)(4) or (5); 17 (C) former AS 11.46.484(a)(2); 18 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 19 of a propelled vehicle; or 20 (E) a law or ordinance of this or another jurisdiction with 21 elements substantially similar to those of an offense described in (A) - (D) of 22 this paragraph. 23 * Sec. 13. AS 11.46.460 is amended to read: 24 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 25 the offense [CRIME] of disregard of a highway obstruction if, without the right to do 26 so or a reasonable ground to believe the person has the right, the person 27 (1) drives a vehicle through, over, or around an obstruction erected on 28 [UPON] a highway under authority of AS 19.10.100; or 29 (2) opens an obstruction erected on [UPON] a highway under authority 30 of AS 19.10.100. 31 (b) Violation of this section is a violation punishable by a fine of not more
01 than $1,000 [CLASS B MISDEMEANOR]. 02 * Sec. 14. AS 11.46.482(a) is amended to read: 03 (a) A person commits the crime of criminal mischief in the third degree if, 04 having no right to do so or any reasonable ground to believe the person has such a 05 right, 06 (1) with intent to damage property of another, the person damages 07 property of another in an amount, adjusted for inflation as provided in 08 AS 11.46.982, of $1,000 [$750] or more; 09 (2) the person recklessly creates a risk of damage in an amount 10 exceeding $100,000 to property of another by the use of widely dangerous means; or 11 (3) the person knowingly 12 (A) defaces, damages, or desecrates a cemetery or the contents 13 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 14 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 15 memorial appears to be abandoned, lost, or neglected; 16 (B) removes human remains or associated burial artifacts from 17 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 18 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 19 * Sec. 15. AS 11.46.484(a) is amended to read: 20 (a) A person commits the crime of criminal mischief in the fourth degree if, 21 having no right to do so or any reasonable ground to believe the person has such a 22 right 23 (1) with intent to damage property of another, the person damages 24 property of another in an amount, adjusted for inflation as provided in 25 AS 11.46.982, of $250 or more but less than $1,000 [$750]; 26 (2) the person tampers with a fire protection device in a building that is 27 a public place; 28 (3) the person knowingly accesses a computer, computer system, 29 computer program, computer network, or part of a computer system or network; 30 (4) the person uses a device to descramble an electronic signal that has 31 been scrambled to prevent unauthorized receipt or viewing of the signal unless the
01 device is used only to descramble signals received directly from a satellite or unless 02 the person owned the device before September 18, 1984; or 03 (5) the person knowingly removes, relocates, defaces, alters, obscures, 04 shoots at, destroys, or otherwise tampers with an official traffic control device or 05 damages the work on [UPON] a highway under construction. 06 * Sec. 16. AS 11.46.486(a) is amended to read: 07 (a) A person commits the offense [CRIME] of criminal mischief in the fifth 08 degree if, having no right to do so or any reasonable ground to believe the person has 09 such a right, 10 (1) with reckless disregard for the risk of harm to or loss of the 11 property or with intent to cause substantial inconvenience to another, the person 12 tampers with property of another; 13 (2) with intent to damage property of another, the person damages 14 property of another in an amount, adjusted for inflation as provided in 15 AS 11.46.982, less than $250; or 16 (3) the person rides in a propelled vehicle knowing it has been stolen 17 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 18 * Sec. 17. AS 11.46.530(b) is amended to read: 19 (b) Criminal simulation is 20 (1) a class C felony if the value of what the object purports to 21 represent, adjusted for inflation as provided in AS 11.46.982, is $1,000 [$750] or 22 more; 23 (2) a class A misdemeanor if the value of what the object purports to 24 represent, adjusted for inflation as provided in AS 11.46.982, is $250 or more but 25 less than $1,000 [$750]; 26 (3) a class B misdemeanor if the value of what the object purports to 27 represent, adjusted for inflation as provided in AS 11.46.982, is less than $250. 28 * Sec. 18. AS 11.46.620(d) is amended to read: 29 (d) Misapplication of property is 30 (1) a class C felony if the value of the property misapplied, adjusted 31 for inflation as provided in AS 11.46.982, is $1,000 [$750] or more;
01 (2) a class A misdemeanor if the value of the property misapplied, 02 adjusted for inflation as provided in AS 11.46.982, is less than $1,000 [$750]. 03 * Sec. 19. AS 11.46.730(c) is amended to read: 04 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 05 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as 06 provided in AS 11.46.982, of $1,000 [$750] or more as a result of [TO] the 07 defendant's conduct, in which case defrauding secured creditors is 08 (1) a class B felony if the loss is $25,000 or more; 09 (2) a class C felony if the loss, adjusted for inflation as provided in 10 AS 11.46.982, is $1,000 [$750] or more but less than $25,000. 11 * Sec. 20. AS 11.46.980 is amended by adding a new subsection to read: 12 (d) In making a finding related to the degree or classification of a crime under 13 this chapter, a court shall refer to the most recent property value threshold set by the 14 Alaska Judicial Council under AS 11.46.982. 15 * Sec. 21. AS 11.46 is amended by adding a new section to read: 16 Sec. 11.46.982. Adjustment for inflation increasing the value of property 17 or services as an element of an offense. (a) The Alaska Judicial Council shall publish 18 a report on July 1, 2020, calculating the increase in value, if any, of property or 19 services as an element of an offense in this chapter from a base value of $250 and 20 $1,000, based on a formula provided by the Department of Labor and Workforce 21 Development, reflecting the change in the Consumer Price Index for the Anchorage 22 metropolitan area compiled by the Bureau of Labor Statistics, United States 23 Department of Labor. 24 (b) The Alaska Judicial Council shall, in calculating the price of property or 25 services as provided in this section, 26 (1) recalculate the base value of property and services of $250 and 27 $1,000 every five years; and 28 (2) report the base value of property and services of $250 and $1,000 29 rounded to the nearest $50 increment. 30 (c) The Alaska Judicial Council shall publish the report provided in this 31 section by electronically providing copies of the report
01 (1) to all law enforcement agencies in the state; 02 (2) the Public Defender Agency; 03 (3) the office of public advocacy; 04 (4) the attorney general; 05 (5) the court system; 06 (6) on the judicial council's Internet website; and 07 (7) to the senate secretary and the chief clerk of the house of 08 representatives. 09 * Sec. 22. AS 11.56.730(a) is amended to read: 10 (a) A person commits the offense [CRIME] of failure to appear if the person 11 (1) is released under the provisions of AS 12.30; 12 (2) knows that the person is required to appear before a court or 13 judicial officer at the time and place of a scheduled hearing; and 14 (3) with criminal negligence does not appear before the court or 15 judicial officer at the time and place of the scheduled hearing. 16 * Sec. 23. AS 11.56.730(c) is amended to read: 17 (c) A person who commits failure to appear incurs a forfeiture of any security 18 for any appearance of the person that was given or pledged to the court for the person's 19 release [, AND IS GUILTY OF A 20 (1) CLASS C FELONY IF THE PERSON WAS RELEASED IN 21 CONNECTION WITH A CHARGE OF A FELONY, OR WHILE AWAITING 22 SENTENCE OR APPEAL AFTER CONVICTION OF A FELONY; 23 (2) CLASS A MISDEMEANOR IF THE PERSON WAS RELEASED 24 IN CONNECTION WITH A 25 (A) CHARGE OF A MISDEMEANOR, OR WHILE 26 AWAITING SENTENCE OR APPEAL AFTER CONVICTION OF A 27 MISDEMEANOR; OR 28 (B) REQUIREMENT TO APPEAR AS A MATERIAL 29 WITNESS IN A CRIMINAL PROCEEDING]. 30 * Sec. 24. AS 11.56.730 is amended by adding new subsections to read: 31 (d) Failure to appear is a
01 (1) class A misdemeanor if the person 02 (A) does not make contact with the court or a judicial officer 03 within 30 days after the person does not appear at the time and place of a 04 scheduled hearing; or 05 (B) does not appear at the time and place of a scheduled 06 hearing to avoid prosecution; or 07 (2) violation punishable by a fine of up to $1,000. 08 (e) In a prosecution for failure to appear under (a) of this section, it is not a 09 defense that the defendant did not receive a reminder notification from a court or 10 judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure. 11 * Sec. 25. AS 11.56.757(a) is amended to read: 12 (a) A person commits the offense [CRIME] of violation of condition of 13 release if the person 14 (1) has been charged with a crime or convicted of a crime; 15 (2) has been released under AS 12.30; and 16 (3) violates a condition of release imposed by a judicial officer under 17 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 18 * Sec. 26. AS 11.56.757(b) is amended to read: 19 (b) Violation of condition of release is a violation punishable by a fine of up 20 to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED 21 FROM A CHARGE OR CONVICTION OF A FELONY; 22 (2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED 23 FROM A CHARGE OR CONVICTION OF A MISDEMEANOR]. 24 * Sec. 27. AS 11.56.759(a) is amended to read: 25 (a) A person commits the crime of violation by sex offender of condition of 26 probation if the person 27 (1) is on probation for conviction of a sex offense; 28 (2) has served the entire term of incarceration imposed for conviction 29 of the sex offense; and 30 (3) violates a condition of probation imposed under 31 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),
01 or any other condition imposed by the court that the court finds to be specifically 02 related to the defendant's offense. 03 * Sec. 28. AS 11.61.110(c) is amended to read: 04 (c) Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS 05 AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT, 06 IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10 07 DAYS]. 08 * Sec. 29. AS 11.61.145(d) is amended to read: 09 (d) Promoting an exhibition of fighting animals 10 (1) under (a)(1) or (2) of this section is a class C felony; 11 (2) under (a)(3) of this section is 12 (A) a violation 13 (i) for the first offense; 14 (ii) punishable by a fine of not more than $1,000 [, A 15 CLASS B MISDEMEANOR] for the second offense; [,] and 16 (B) a class A misdemeanor for the third and each subsequent 17 offense. 18 * Sec. 30. AS 11.61.150(a) is amended to read: 19 (a) A person commits the offense [CRIME] of obstruction of highways if the 20 person knowingly 21 (1) places, drops, or permits to drop on a highway any substance that 22 creates a substantial risk of physical injury to others using the highway; or 23 (2) renders a highway impassable or passable only with unreasonable 24 inconvenience or hazard. 25 * Sec. 31. AS 11.61.150(c) is amended to read: 26 (c) Obstruction of highways is a violation punishable by a fine of not more 27 than $1,000 [CLASS B MISDEMEANOR]. 28 * Sec. 32. AS 11.66.100 is amended by adding a new subsection to read: 29 (e) A person may not be prosecuted under (a)(1) of this section if the 30 (1) person witnessed or was a victim of, and reported to law 31 enforcement in good faith, one or more of the following crimes:
01 (A) murder in the first degree under AS 11.41.100; 02 (B) murder in the second degree under AS 11.41.110; 03 (C) manslaughter under AS 11.41.120; 04 (D) criminally negligent homicide under AS 11.41.130; 05 (E) assault in the first degree under AS 11.41.200; 06 (F) assault in the second degree under AS 11.41.210; 07 (G) assault in the third degree under AS 11.41.220; 08 (H) assault in the fourth degree under AS 11.41.230; 09 (I) sexual assault in the first degree under AS 11.41.410; 10 (J) sexual assault in the second degree under AS 11.41.420; 11 (K) sexual assault in the third degree under AS 11.41.425; 12 (L) sexual assault in the fourth degree under AS 11.41.427; 13 (M) sexual abuse of a minor in the first degree under 14 AS 11.41.434; 15 (N) sexual abuse of a minor in the second degree under 16 AS 11.41.436; 17 (O) sexual abuse of a minor in the third degree under 18 AS 11.41.438; 19 (P) sexual abuse of a minor in the fourth degree under 20 AS 11.41.440; 21 (Q) robbery in the first degree under AS 11.41.500; 22 (R) robbery in the second degree under AS 11.41.510; 23 (S) extortion under AS 11.41.520; 24 (T) coercion under AS 11.41.530; 25 (U) distribution of child pornography under AS 11.61.125; 26 (V) possession of child pornography under AS 11.61.127; 27 (W) sex trafficking in the first degree under AS 11.66.110; 28 (X) sex trafficking in the second degree under AS 11.66.120; 29 (Y) sex trafficking in the third degree under AS 11.66.130; or 30 (Z) sex trafficking in the fourth degree under AS 11.66.135; 31 (2) evidence supporting the prosecution under (a)(1) of this section
01 was obtained or discovered as a result of the person reporting the crime to law 02 enforcement; and 03 (3) person cooperated with law enforcement personnel. 04 * Sec. 33. AS 11.66.110(a) is amended to read: 05 (a) A person commits the crime of sex trafficking in the first degree if the 06 person 07 (1) induces or causes another [A] person to engage in prostitution 08 through the use of force; 09 (2) as other than a patron of a prostitute, induces or causes another [A] 10 person who is under 20 years of age to engage in prostitution; or 11 (3) induces or causes a person in that person's legal custody to engage 12 in prostitution. 13 * Sec. 34. AS 11.66.130(a) is amended to read: 14 (a) A person commits the crime of sex trafficking in the third degree if, with 15 intent to promote prostitution, the person 16 (1) manages, supervises, controls, or owns, either alone or in 17 association with others, a place of prostitution; 18 (2) as other than a patron of a prostitute, induces or causes another [A] 19 person who is 20 years of age or older to engage in prostitution; 20 (3) as other than a prostitute receiving compensation for personally 21 rendered prostitution services, receives or agrees to receive money or other property 22 under an agreement or understanding that the money or other property is derived from 23 prostitution; or 24 (4) engages in conduct that institutes, aids, or facilitates a prostitution 25 enterprise. 26 * Sec. 35. AS 11.66.130 is amended by adding a new subsection to read: 27 (c) A person does not act with the intent to promote prostitution under (a) of 28 this section if the person 29 (1) engages in prostitution in violation of AS 11.66.100(a) in a location 30 even if that location is shared with another person; and 31 (2) has not induced or caused another person in that location to engage
01 in prostitution. 02 * Sec. 36. AS 11.66.135 is amended by adding a new subsection to read: 03 (c) A person does not institute, aid, or facilitate prostitution if the person 04 (1) engages in prostitution in violation of AS 11.66.100(a) in a location 05 even if that location is shared with another person; and 06 (2) has not induced or caused another person in that location to engage 07 in prostitution. 08 * Sec. 37. AS 11.66.200(c) is amended to read: 09 (c) Gambling is a violation 10 (1) for the first offense; 11 (2) punishable by a fine of not more than $1,000 [. GAMBLING IS 12 A CLASS B MISDEMEANOR] for the second and each subsequent offense. 13 * Sec. 38. AS 11.71.030(a) is amended to read: 14 (a) Except as authorized in AS 17.30, a person commits the crime of 15 misconduct involving a controlled substance in the second [THIRD] degree if the 16 person 17 (1) [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER 18 AS 11.71.020(a)(2) - (6),] manufactures or delivers, [ANY AMOUNT OF A 19 SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] or possesses [ANY 20 AMOUNT OF A SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] with 21 intent to manufacture or deliver, one or more preparations, compounds, mixtures, 22 or substances of an aggregate weight of 2.5 grams or more containing a schedule 23 IA, IIA, or IIIA controlled substance; 24 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 25 substance to a person under 19 years of age who is at least three years younger than 26 the person delivering the substance; [OR] 27 (3) possesses any amount of a schedule IA or IIA controlled substance 28 (A) with reckless disregard that the possession occurs 29 (i) on or within 500 feet of school grounds; or 30 (ii) at or within 500 feet of a recreation or youth center; 31 or
01 (B) on a school bus; 02 (4) manufactures any material, compound, mixture, or 03 preparation that contains 04 (A) methamphetamine, or its salts, isomers, or salts of 05 isomers; or 06 (B) an immediate precursor of methamphetamine, or its 07 salts, isomers, or salts of isomers; 08 (5) possesses an immediate precursor of methamphetamine, or the 09 salts, isomers, or salts of isomers of the immediate precursor of 10 methamphetamine, with the intent to manufacture any material, compound, 11 mixture, or preparation that contains methamphetamine, or its salts, isomers, or 12 salts of isomers; 13 (6) possesses a listed chemical with intent to manufacture any 14 material, compound, mixture, or preparation that contains 15 (A) methamphetamine, or its salts, isomers, or salts of 16 isomers; or 17 (B) an immediate precursor of methamphetamine, or its 18 salts, isomers, or salts of isomers; 19 (7) possesses methamphetamine in an organic solution with intent 20 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 21 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 22 delivers 23 (A) an immediate precursor of methamphetamine, or the 24 salts, isomers, or salts of isomers of the immediate precursor of 25 methamphetamine, to another person with reckless disregard that the 26 precursor will be used to manufacture any material, compound, mixture, 27 or preparation that contains methamphetamine, or its salts, isomers, or 28 salts of isomers; or 29 (B) a listed chemical to another person with reckless 30 disregard that the listed chemical will be used to manufacture any 31 material, compound, mixture, or preparation that contains
01 (i) methamphetamine, or its salts, isomers, or salts of 02 isomers; 03 (ii) an immediate precursor of methamphetamine, or 04 its salts, isomers, or salts of isomers; or 05 (iii) methamphetamine or its salts, isomers, or salts of isomers in an 06 organic solution. 07 * Sec. 39. AS 11.71.030(c) is amended to read: 08 (c) Misconduct involving a controlled substance in the second [THIRD] 09 degree is a class B felony. 10 * Sec. 40. AS 11.71.030 is amended by adding new subsections to read: 11 (d) In a prosecution under (a) of this section, possession of more than six 12 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 13 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 14 the person intended to use the listed chemicals to manufacture, aid or abet another 15 person to manufacture, or deliver to another person who intends to manufacture 16 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 17 of methamphetamine or its immediate precursors. The prima facie evidence described 18 in this subsection does not apply to a person who possesses 19 (1) the listed chemicals ephedrine, pseudoephedrine, 20 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 21 (A) and the listed chemical was dispensed to the person under a 22 valid prescription; or 23 (B) in the ordinary course of a legitimate business, or an 24 employee of a legitimate business, as a 25 (i) retailer or wholesaler; 26 (ii) wholesale drug distributor licensed by the Board of 27 Pharmacy; 28 (iii) manufacturer of drug products licensed by the 29 Board of Pharmacy; 30 (iv) pharmacist licensed by the Board of Pharmacy; or 31 (v) health care professional licensed by the state; or
01 (2) less than 24 grams of ephedrine, pseudoephedrine, 02 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 03 kept in a locked storage area on the premises of a legitimate business or nonprofit 04 organization operating a camp, lodge, school, day care center, treatment center, or 05 other organized group activity, and the location or nature of the activity, or the age of 06 the participants, makes it impractical for the participants in the activity to obtain 07 medicinal products. 08 (e) In this section, "listed chemical" means a chemical described under 09 AS 11.71.200. 10 * Sec. 41. AS 11.71.040(a) is amended to read: 11 (a) Except as authorized in AS 17.30, a person commits the crime of 12 misconduct involving a controlled substance in the third [FOURTH] degree if the 13 person 14 (1) manufactures or delivers any amount of a schedule IVA or VA 15 controlled substance or possesses any amount of a schedule IVA or VA controlled 16 substance with intent to manufacture or deliver; 17 (2) manufactures or delivers, or possesses with the intent to 18 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 19 of an aggregate weight of one ounce or more containing a schedule VIA controlled 20 substance; 21 (3) possesses 22 (A) any amount of a 23 (i) schedule IA controlled substance; or 24 (ii) IIA controlled substance except a controlled 25 substance listed in AS 11.71.150(e)(11) - (15); 26 (B) 25 or more tablets, ampules, or syrettes containing a 27 schedule IIIA or IVA controlled substance; 28 (C) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of 30 (i) three grams or more containing a schedule IIIA or 31 IVA controlled substance except a controlled substance in a form listed
01 in (ii) of this subparagraph; 02 (ii) 12 grams or more containing a schedule IIIA 03 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 04 sprayed on or otherwise applied to tobacco, an herb, or another organic 05 material; or 06 (iii) 500 milligrams or more of a schedule IIA 07 controlled substance listed in AS 11.71.150(e)(11) - (15); 08 (D) 50 or more tablets, ampules, or syrettes containing a 09 schedule VA controlled substance; 10 (E) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of six grams or more containing a schedule 12 VA controlled substance; 13 (F) one or more preparations, compounds, mixtures, or 14 substances of an aggregate weight of four ounces or more containing a 15 schedule VIA controlled substance; or 16 (G) 25 or more plants of the genus cannabis; 17 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 18 (A) with reckless disregard that the possession occurs 19 (i) on or within 500 feet of school grounds; or 20 (ii) at or within 500 feet of a recreation or youth center; 21 or 22 (B) on a school bus; 23 (5) knowingly keeps or maintains any store, shop, warehouse, 24 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 25 keeping or distributing controlled substances in violation of a felony offense under this 26 chapter or AS 17.30; 27 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 28 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 29 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 30 drug container, or labeling so as to render the drug a counterfeit substance; 31 (7) knowingly uses in the course of the manufacture or distribution of a
01 controlled substance a registration number that is fictitious, revoked, suspended, or 02 issued to another person; 03 (8) knowingly furnishes false or fraudulent information in or omits 04 material information from any application, report, record, or other document required 05 to be kept or filed under AS 17.30; 06 (9) obtains possession of a controlled substance by misrepresentation, 07 fraud, forgery, deception, or subterfuge; [OR] 08 (10) affixes a false or forged label to a package or other container 09 containing any controlled substance; or 10 (11) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of less than 2.5 grams containing a schedule 13 IA, IIA, or IIIA controlled substance. 14 * Sec. 42. AS 11.71.040(d) is amended to read: 15 (d) Misconduct involving a controlled substance in the third [FOURTH] 16 degree is a class C felony. 17 * Sec. 43. AS 11.71.050 is amended to read: 18 Sec. 11.71.050. Misconduct involving a controlled substance in the fourth 19 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 20 misconduct involving a controlled substance in the fourth [FIFTH] degree if the 21 person 22 (1) manufactures or delivers, or possesses with the intent to 23 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 24 of an aggregate weight of less than one ounce containing a schedule VIA controlled 25 substance; 26 (2) possesses 27 (A) less than 25 tablets, ampules, or syrettes containing a 28 schedule IIIA or IVA controlled substance; 29 (B) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of less than 31 (i) three grams containing a schedule IIIA or IVA
01 controlled substance except a controlled substance in a form listed in 02 (ii) of this subparagraph; 03 (ii) 12 grams but more than six grams containing a 04 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 05 that has been sprayed on or otherwise applied to tobacco, an herb, or 06 another organic material; or 07 (iii) 500 milligrams containing a schedule IIA 08 controlled substance listed in AS 11.71.150(e)(11) - (15); 09 (C) less than 50 tablets, ampules, or syrettes containing a 10 schedule VA controlled substance; 11 (D) one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of less than six grams containing a schedule 13 VA controlled substance; or 14 (E) one or more preparations, compounds, mixtures, or 15 substances of an aggregate weight of one ounce or more containing a schedule 16 VIA controlled substance; [OR] 17 (3) fails to make, keep, or furnish any record, notification, order form, 18 statement, invoice, or information required under AS 17.30; or 19 (4) under circumstances not proscribed under 20 AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA, or 21 VA controlled substance. 22 (b) Misconduct involving a controlled substance in the fourth [FIFTH] degree 23 is a class A misdemeanor. 24 * Sec. 44. AS 11.71.060 is amended to read: 25 Sec. 11.71.060. Misconduct involving a controlled substance in the fifth 26 [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 27 misconduct involving a controlled substance in the fifth [SIXTH] degree if the person 28 (1) uses or displays any amount of a schedule VIA controlled 29 substance; 30 (2) possesses one or more preparations, compounds, mixtures, or 31 substances of an aggregate weight of
01 (A) less than one ounce containing a schedule VIA controlled 02 substance; 03 (B) six grams or less containing a schedule IIIA controlled 04 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 05 otherwise applied to tobacco, an herb, or another organic material; or 06 (3) refuses entry into a premise for an inspection authorized under 07 AS 17.30. 08 (b) Misconduct involving a controlled substance in the fifth [SIXTH] degree 09 is a class B misdemeanor. 10 * Sec. 45. AS 11.71.311(a) is amended to read: 11 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 12 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 13 11.71.060(a)(1) or (2) if that person 14 (1) sought, in good faith, medical or law enforcement assistance for 15 another person who the person reasonably believed was experiencing a drug overdose 16 and 17 (A) the evidence supporting the prosecution for an offense 18 under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) 19 OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered 20 as a result of the person seeking medical or law enforcement assistance; 21 (B) the person remained at the scene with the other person until 22 medical or law enforcement assistance arrived; and 23 (C) the person cooperated with medical or law enforcement 24 personnel, including by providing identification; 25 (2) was experiencing a drug overdose and sought medical assistance, 26 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 27 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 28 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 29 medical assistance. 30 * Sec. 46. AS 12.25.150(a) is amended to read: 31 (a) A person arrested shall be taken before a judge or magistrate without
01 unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent 02 compelling circumstances, including Sundays and holidays. The unavailability of a 03 report prepared by the pretrial services officer under AS 33.07 or a delay in the 04 transmittal of that report to the parties or to the court may not be considered a 05 sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. 06 The hearing before the judge or magistrate may not take place more than 48 07 hours after arrest. This requirement applies to municipal police officers to the same 08 extent as it does to state troopers. 09 * Sec. 47. AS 12.25.180 is amended to read: 10 Sec. 12.25.180. When peace officer shall [MAY] issue citation or take 11 person before the court. (a) Except when arrest is required under another 12 provision of law, a peace officer shall issue a citation when [WHEN] a peace 13 officer stops or contacts a person for the commission of a class C felony offense, a 14 misdemeanor, or the violation of a municipal ordinance [, THE OFFICER MAY, IN 15 THE OFFICER'S DISCRETION, ISSUE A CITATION TO THE PERSON] instead 16 of taking the person before a judge or magistrate under AS 12.25.150, except the 17 officer may arrest if [UNLESS] 18 (1) the person does not furnish satisfactory evidence of identity; 19 (2) the peace [CONTACTING] officer reasonably believes the person 20 is a danger to self or others; 21 (3) the crime for which the person is contacted is one involving 22 violence or harm to another person or to property; 23 (4) the peace officer has probable cause to believe the person 24 committed a crime of escape under AS 11.56.320 or 11.56.330, unlawful evasion 25 under AS 11.56.335 or 11.56.340, unlawful contact under AS 11.56.750, 26 disorderly conduct under AS 11.61.110, or possession of child pornography 27 under AS 11.61.127; 28 (5) the person refuses to accept service of the citation; or 29 (6) the peace officer reasonably believes there is a risk the 30 defendant will fail to appear in court [(4) THE PERSON ASKS TO BE TAKEN 31 BEFORE A JUDGE OR MAGISTRATE UNDER AS 12.25.150; OR
01 (5) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 02 THE PERSON COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE; IN 03 THIS PARAGRAPH, "CRIME INVOLVING DOMESTIC VIOLENCE" HAS THE 04 MEANING GIVEN IN AS 18.66.990]. 05 (b) When a peace officer stops or contacts a person for the commission of an 06 infraction or a violation, the officer shall issue a citation instead of taking the person 07 before a judge or magistrate under AS 12.25.150, except the officer may arrest if 08 [UNLESS] 09 (1) the person does not furnish satisfactory evidence of identity; [OR] 10 (2) the person refuses to accept service of the citation; or 11 (3) the peace officer has probable cause to believe the person has 12 committed 13 (A) a violation of conditions of release under AS 11.56.757; 14 or 15 (B) the offense of failure to appear under AS 11.56.730. 16 * Sec. 48. 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. 49. 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 under AS 12.25.180(a). 22 * Sec. 50. AS 12.25.190 is amended by adding a new subsection to read: 23 (d) The time specified in the notice to appear shall be at least five working 24 days after issuance of the citation under AS 12.25.180(b). 25 * Sec. 51. AS 12.30.006(b) is amended to read: 26 (b) At the first appearance before a judicial officer, a person who is charged 27 with a felony, other than a class C felony and the person has been assessed as low 28 risk under AS 12.30.011(c)(1), may be detained up to 48 hours for the prosecuting 29 authority to demonstrate that release of the person under AS 12.30.011 30 [AS 12.30.011(a)] would not reasonably ensure [ASSURE] the appearance of the 31 person or will pose a danger to the victim, other persons, or the community.
01 * Sec. 52. AS 12.30.006(c) is amended to read: 02 (c) A person who remains in custody 48 hours after appearing before a judicial 03 officer because of inability to meet the conditions of release shall, upon application, be 04 entitled to have the conditions reviewed by the judicial officer who imposed them. If 05 the judicial officer who imposed the conditions of release is not available, any judicial 06 officer in the judicial district may review the conditions. Upon review of the 07 conditions, the judicial officer shall revise any conditions of release that have 08 prevented the defendant from being released unless the judicial officer finds on 09 the record that there is clear and convincing evidence that less restrictive release 10 conditions cannot reasonably ensure the 11 (1) appearance of the person in court; and 12 (2) safety of the victim, other persons, and the community. 13 * Sec. 53. AS 12.30.006(d) is amended to read: 14 (d) If a person remains in custody after review of conditions by a judicial 15 officer under (c) of this section, the person may request a subsequent review of 16 conditions. Unless the prosecuting authority stipulates otherwise or the person has 17 been incarcerated for a period equal to the maximum sentence for the most serious 18 charge for which the person is being held, a judicial officer may not schedule a bail 19 review hearing under this subsection unless 20 (1) the person provides to the court and the prosecuting authority a 21 written statement that new information not considered at the previous review will be 22 presented at the hearing; the statement must include a description of the information 23 and the reason the information was not presented at a previous hearing; in this 24 paragraph, "new information" includes [DOES NOT INCLUDE] the person's 25 inability to post the required bail; 26 (2) the prosecuting authority and any surety, if applicable, have at least 27 48 hours' written notice before the time set for the review requested under this 28 subsection; the defendant shall notify the surety; and 29 (3) at least seven days have elapsed between the previous review and 30 the time set for the requested review; however, a person may receive only one bail 31 review hearing solely for inability to pay.
01 * Sec. 54. AS 12.30.006(f) is amended to read: 02 (f) The judicial officer shall issue written or oral findings that explain the 03 reasons the officer imposed the particular conditions of release or modifications or 04 additions to conditions previously imposed. The judicial officer shall inform the 05 person that a law enforcement officer or a pretrial services officer under AS 33.07 06 may arrest the person without a warrant for violation of the court's order establishing 07 conditions of release. 08 * Sec. 55. AS 12.30.011 is repealed and reenacted to read: 09 Sec. 12.30.011. Release before trial. (a) A judicial officer may order that a 10 person charged with an offense, in addition to other conditions imposed under this 11 section, be released 12 (1) on the person's own recognizance; 13 (2) upon execution of an unsecured appearance bond; or 14 (3) upon execution of an unsecured performance bond. 15 (b) A person charged with a misdemeanor that does not include an offense 16 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, 28.35.032, or a crime 17 involving domestic violence as defined under AS 18.66.990 and who is assessed by a 18 pretrial services officer as 19 (1) low to moderate risk shall be released on the person's own 20 recognizance or upon execution of an unsecured appearance bond or unsecured 21 performance bond; or 22 (2) high risk shall be released on the person's own recognizance or 23 upon execution of an unsecured appearance bond or unsecured performance bond 24 unless the judicial officer finds on the record that there is clear and convincing 25 evidence that no nonmonetary conditions of release in combination with the release of 26 the person on the person's own recognizance or upon execution of an unsecured bond 27 can reasonably ensure the appearance of the person in court and the safety of the 28 victim, other persons, and the community. 29 (c) A person charged with a class C felony that does not include an offense 30 under AS 11.41, AS 11.56.730, AS 28.35.030, 28.35.032, or a crime involving 31 domestic violence as defined under AS 18.66.990 and who is assessed by a pretrial
01 services officer as 02 (1) low risk shall be released on the person's own recognizance or 03 upon execution of an unsecured appearance bond or unsecured performance bond; or 04 (2) moderate to high risk shall be released on the person's own 05 recognizance or upon execution of an unsecured appearance bond or unsecured 06 performance bond unless the judicial officer finds on the record that there is clear and 07 convincing evidence that no nonmonetary conditions of release in combination with 08 the release of the person on the person's own recognizance or upon execution of an 09 unsecured bond can reasonably ensure the appearance of the person in court and the 10 safety of the victim, other persons, and the community. 11 (d) A person charged under AS 28.35.030 or 28.35.032 who is assessed by a 12 pretrial services officer as low, moderate, or high risk shall be released on the person's 13 own recognizance or upon execution of an unsecured appearance bond or unsecured 14 performance bond unless the judicial officer finds on the record that there is clear and 15 convincing evidence that no nonmonetary conditions of release in combination with 16 the release of the person on the person's own recognizance or upon execution of an 17 unsecured bond can reasonably ensure the appearance of the person in court and the 18 safety of the victim, other persons, and the community. 19 (e) A person charged under AS 11.56.730 or 11.56.757 who is assessed by a 20 pretrial services officer as 21 (1) low to moderate risk shall be released on the person's own 22 recognizance or upon execution of an unsecured appearance bond or unsecured 23 performance bond unless the judicial officer finds on the record that there is clear and 24 convincing evidence that no nonmonetary conditions of release in combination with 25 the release of the person on the person's own recognizance or upon execution of an 26 unsecured bond can reasonably ensure the appearance of the person in court and the 27 safety of the victim, other persons, and the community; or 28 (2) high risk may be required, singly or in combination, in addition to 29 other conditions specified in this section, to deposit with the court and execute 30 (A) an appearance bond with a posting not to exceed 10 percent 31 of the specified amount of the bond with the condition that the deposit be
01 returned upon the appearance of the person at scheduled hearings; 02 (B) a bail bond with sufficient solvent sureties or the deposit of 03 cash; or 04 (C) a performance bond with a full or partial posting of the 05 specified amount of the bond with the condition that the deposit be returned 06 upon the performance of the conditions of release set by the court. 07 (f) A person charged with an offense who is not otherwise required to be 08 released under (b) - (e) of this section and who is assessed by a pretrial services officer 09 as 10 (1) low risk shall be released on the person's own recognizance or 11 upon execution of an unsecured appearance bond or unsecured performance bond 12 unless the judicial officer finds on the record that there is clear and convincing 13 evidence that no nonmonetary conditions of release in combination with the release of 14 the person on the person's own recognizance or upon execution of an unsecured bond 15 can reasonably ensure the appearance of the person in court and the safety of the 16 victim, other persons, and the community; or 17 (2) moderate to high risk may be required, singly or in combination, in 18 addition to other conditions specified in this section, to deposit with the court and 19 execute 20 (A) an appearance bond with a posting not to exceed 10 percent 21 of the specified amount of the bond with the condition that the deposit be 22 returned upon the appearance of the person at scheduled hearings; 23 (B) a bail bond with sufficient solvent sureties or the deposit of 24 cash; or 25 (C) a performance bond with a full or partial posting of the 26 specified amount of the bond with the condition that the deposit be returned 27 upon the performance of the conditions of release set by the court. 28 (g) A person released under this section shall be released on the condition that the 29 person 30 (1) obey all court orders; 31 (2) obey all laws;
01 (3) make all court appearances; 02 (4) maintain contact with the person's pretrial services officer, if one is 03 appointed by the court, and follow the pretrial services officer's instructions; 04 (5) maintain contact with the person's attorney; 05 (6) notify the person's attorney or, if the person is not represented by 06 an attorney, the pretrial services officer or the court within 24 hours after a change in 07 the person's residence. 08 (h) The judicial officer may, singly or in combination, order additional 09 conditions if the condition or conditions are the least restrictive conditions that will 10 reasonably ensure the appearance of the person in court and the safety of the victim, 11 other persons, and the community. The judicial officer may 12 (1) place restrictions on the person's travel, association, or residence; 13 (2) order the person to refrain from possessing a deadly weapon on the 14 person or in the person's vehicle or residence; 15 (3) require the person to maintain employment or, if unemployed, 16 actively seek employment; 17 (4) require the person to notify the person's lawyer and the prosecuting 18 authority within two business days after any change in employment; 19 (5) require the person to avoid all contact with a victim, a potential 20 witness, or a codefendant; 21 (6) require the person to refrain from the consumption and possession 22 of alcoholic beverages; 23 (7) require the person to refrain from the use of a controlled substance 24 as defined by AS 11.71, unless prescribed by a licensed health care provider with 25 prescriptive authority; 26 (8) require the person to be physically inside the person's residence, or 27 in the residence of the person's third-party custodian, at times set by the court, subject 28 to AS 12.30.021; 29 (9) require the person to keep regular contact with a pretrial services 30 officer or law enforcement officer or agency; 31 (10) order the person to refrain from entering or remaining in premises
01 licensed under AS 04; 02 (11) place the person in the custody of an individual who agrees to 03 serve as a third-party custodian of the person as provided in AS 12.30.021; 04 (12) if the person is under the treatment of a licensed health care 05 provider, order the person to follow the provider's treatment recommendations; 06 (13) order the person to take medication that has been prescribed for 07 the person by a licensed health care provider with prescriptive authority; 08 (14) require the person to comply with a program established under 09 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 10 abuse-related offense; 11 (15) order the person to comply with any other condition that is 12 reasonably necessary to ensure the appearance of the person and to ensure the safety 13 of the victim, other persons, and the community. 14 (i) In determining the conditions of release under this chapter, the court shall 15 consider the following: 16 (1) the nature and circumstances of the offense charged; 17 (2) the weight of the evidence against the person; 18 (3) the nature and extent of the person's family ties and relationships; 19 (4) the person's employment status and history; 20 (5) the length and character of the person's past and present residence; 21 (6) the person's record of convictions; 22 (7) the person's record of appearance at court proceedings; 23 (8) assets available to the person to meet monetary conditions of 24 release; 25 (9) the person's reputation, character, and mental condition; 26 (10) the effect of the offense on the victim, any threats made to the 27 victim, and the danger that the person poses to the victim; 28 (11) the conditions of release recommended by the pretrial services 29 officer; 30 (12) the person's pretrial risk assessment score; and 31 (13) any other facts that are relevant to the person's appearance or the
01 person's danger to the victim, other persons, or the community. 02 (j) Except as otherwise provided in this chapter, the burden of proof is on the 03 prosecuting authority that a person charged with an offense should be detained or 04 released with conditions described in this section or AS 12.30.016. Any monetary or 05 nonmonetary condition or conditions imposed by the court under this section shall be 06 the least restrictive condition or conditions that will reasonably ensure the appearance 07 of the person in court and the safety of the victim, other persons, and the community. 08 (k) If the report prepared by the pretrial services officer under AS 33.07 is not 09 available at the time of the first appearance, bail review hearing, or bail hearing in 10 connection with a petition to revoke probation, the court shall impose the least 11 restrictive condition or conditions that will reasonably ensure the appearance of the 12 person in court and the safety of the victim, other persons, and the community. 13 * Sec. 56. AS 12.30.016(b) is amended to read: 14 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 15 AS 28.35.030, or 28.35.032, a judicial officer may order the person 16 (1) to refrain from 17 (A) consuming alcoholic beverages; or 18 (B) possessing on the person, in the person's residence, or in 19 any vehicle or other property over which the person has control, alcoholic 20 beverages; 21 (2) to submit to a search without a warrant of the person, the person's 22 personal property, the person's residence, or any vehicle or other property over which 23 the person has control, for the presence of alcoholic beverages by a peace officer or 24 pretrial services officer who has reasonable suspicion that the person is violating the 25 conditions of the person's release by possessing alcoholic beverages; 26 (3) to submit to a breath test when requested by a law enforcement 27 officer or pretrial services officer; 28 (4) to provide a sample for a urinalysis or blood test when requested by 29 a law enforcement officer or pretrial services officer; 30 (5) to take a drug or combination of drugs intended to prevent 31 substance abuse;
01 (6) to follow any treatment plan imposed by the court under 02 AS 28.35.028; 03 (7) to comply with a program established under AS 47.38.020. 04 * Sec. 57. AS 12.30.016(c) is amended to read: 05 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 06 officer may order the person 07 (1) to refrain from 08 (A) consuming a controlled substance; or 09 (B) possessing on the person, in the person's residence, or in 10 any vehicle or other property over which the person has control, a controlled 11 substance or drug paraphernalia; 12 (2) to submit to a search without a warrant of the person, the person's 13 personal property, the person's residence, or any vehicle or other property over which 14 the person has control, for the presence of a controlled substance or drug paraphernalia 15 by a peace officer or pretrial services officer who has reasonable suspicion that the 16 person is violating the terms of the person's release by possessing controlled 17 substances or drug paraphernalia; 18 (3) to enroll in a random drug testing program, at the person's expense, 19 with testing to occur not less than once a week, or to submit to random drug 20 testing by the pretrial services office in the Department of Corrections to detect 21 the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS 22 THAN ONCE A WEEK, AND] with the results being submitted to the court and the 23 prosecuting authority; 24 (4) to refrain from entering or remaining in a place where a controlled 25 substance is being used, manufactured, grown, or distributed; 26 (5) to refrain from being physically present at, within a two-block area 27 of, or within a designated area near, the location where the alleged offense occurred or 28 at other designated places, unless the person actually resides within that area; 29 (6) to refrain from the use or possession of an inhalant; or 30 (7) to comply with a program established under AS 47.38.020. 31 * Sec. 58. AS 12.30.021(a) is amended to read:
01 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, a 02 judicial officer may appoint a third-party custodian if the officer finds, on the record, 03 that 04 (1) pretrial supervision under AS 33.07 is not available in the 05 person's location; 06 (2) no secured appearance or performance bonds have been 07 ordered; and 08 (3) no other conditions of release or combination of conditions can 09 [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER 10 CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety 11 of the victim, other persons, and the community. 12 * Sec. 59. AS 12.30.021(c) is amended to read: 13 (c) A judicial officer may not appoint a person as a third-party custodian if 14 (1) the proposed custodian is acting as a third-party custodian for 15 another person; 16 (2) the proposed custodian has been convicted in the previous three 17 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 18 (3) criminal charges are pending in this state or another jurisdiction 19 against the proposed custodian; 20 (4) the proposed custodian is on probation in this state or another 21 jurisdiction for an offense; 22 (5) there is a reasonable probability that the state will call the 23 proposed custodian [MAY BE CALLED] as a witness in the prosecution of the 24 person; 25 (6) the proposed custodian resides out of state; however, a nonresident 26 may serve as a custodian if the nonresident resides in the state while serving as 27 custodian. 28 * Sec. 60. AS 12.30.055 is amended by adding a new subsection to read: 29 (b) A person who is in custody in connection with a petition to revoke 30 probation for a technical violation of probation under AS 12.55.110 shall be released 31 after the person has served the maximum number of days that the court could impose
01 on the person for a technical violation of probation under AS 12.55.110. 02 * Sec. 61. AS 12.55.011 is amended by adding a new subsection to read: 03 (b) At the time of sentencing, the court shall provide the victim with a form 04 that 05 (1) provides information on 06 (A) whom the victim should contact if the victim has questions 07 about the sentence or release of the offender; 08 (B) the potential for release of the offender on furlough, 09 probation, or parole or for good time credit; and 10 (2) allows the victim to update the victim's contact information with the 11 court, the Victim Information and Notification Everyday service, and with the 12 Department of Corrections. 13 * Sec. 62. AS 12.55.025(a) is amended to read: 14 (a) When imposing a sentence for conviction of a felony offense or a sentence 15 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 16 regulation adopted under AS 04, or an ordinance adopted in conformity with 17 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 18 includes the following: 19 (1) a verbatim record of the sentencing hearing and any other in-court 20 sentencing procedures; 21 (2) findings on material issues of fact and on factual questions required 22 to be determined as a prerequisite to the selection of the sentence imposed; 23 (3) a clear statement of the terms of the sentence imposed; if a term of 24 imprisonment is imposed, the statement must include 25 (A) the approximate minimum term the defendant is expected to 26 serve before being released or placed on mandatory parole if the defendant is 27 eligible for and does not forfeit good conduct deductions under AS 33.20.010; 28 and 29 (B) if applicable, the approximate minimum term of 30 imprisonment the defendant must serve before becoming eligible for release on 31 discretionary or administrative parole;
01 (4) any recommendations as to the place of confinement or the manner 02 of treatment; and 03 (5) in the case of a conviction for a felony offense, information 04 assessing 05 (A) the financial, emotional, and medical effects of the offense 06 on the victim; 07 (B) the need of the victim for restitution; and 08 (C) any other information required by the court. 09 * Sec. 63. AS 12.55.025(c) is amended to read: 10 (c) Except as provided in (d) of this section, when a defendant is sentenced to 11 imprisonment, the term of confinement commences on the date of imposition of 12 sentence unless the court specifically provides that the defendant must report to serve 13 the sentence on another date. If the court provides another date to begin the term of 14 confinement, the court shall provide the defendant with written notice of the date, 15 time, and location of the correctional facility to which the defendant must report. A 16 defendant shall receive credit for time spent in custody pending trial, sentencing, or 17 appeal, if the detention was in connection with the offense for which sentence was 18 imposed including a technical violation of probation as provided in AS 12.55.110. 19 A defendant may not receive credit for more than the actual time spent in custody 20 pending trial, sentencing, or appeal. The time during which a defendant is voluntarily 21 absent from official detention after the defendant has been sentenced may not be 22 credited toward service of the sentence. 23 * Sec. 64. AS 12.55.027(a) is amended to read: 24 (a) A court may grant a defendant credit toward a sentence of imprisonment for 25 time spent in a treatment program that furthers the reformation and rehabilitation 26 of the defendant if the court finds that the program places a substantial 27 restriction on the defendant's freedom of movement and behavior and is 28 consistent with [OR UNDER ELECTRONIC MONITORING ONLY AS 29 PROVIDED IN] this section. 30 * Sec. 65. AS 12.55.027(b) is amended to read: 31 (b) A court may only grant credit under this section [A DEFENDANT ONE
01 DAY OF CREDIT TOWARD A SENTENCE OF IMPRISONMENT FOR EACH 02 FULL DAY THE DEFENDANT RESIDED IN THE FACILITY OF A 03 TREATMENT PROGRAM AND OBSERVED THE RULES OF THE 04 TREATMENT PROGRAM AND THE FACILITY IF] 05 (1) in the amount of one day of credit toward a sentence of 06 imprisonment for each full day the defendant spent in a treatment program; and 07 [THE COURT FINDS THAT THE TREATMENT PROGRAM MEETS THE 08 STANDARDS DESCRIBED IN (c) OF THIS SECTION;] 09 (2) if the court ordered [BEFORE] the defendant [ENTERED THE 10 TREATMENT PROGRAM, THE COURT ORDERED THE DEFENDANT] to 11 [RESIDE IN THE FACILITY OF THE TREATMENT PROGRAM AND] participate 12 in and comply with the conditions of the treatment program before the defendant 13 entered the program [AS A CONDITION OF BAIL RELEASE OR A CONDITION 14 OF PROBATION; AND 15 (3) THE COURT HAS RECEIVED A WRITTEN REPORT FROM 16 THE DIRECTOR OF THE PROGRAM THAT 17 (A) STATES THAT THE DEFENDANT HAS 18 PARTICIPATED IN THE TREATMENT PLAN PRESCRIBED FOR THE 19 DEFENDANT AND HAS COMPLIED WITH THE REQUIREMENTS OF 20 THE PLAN; AND 21 (B) SETS OUT THE NUMBER OF FULL DAYS THE 22 DEFENDANT RESIDED IN THE FACILITY OF THE TREATMENT 23 PROGRAM AND OBSERVED THE RULES OF THE TREATMENT 24 PROGRAM AND FACILITY]. 25 * Sec. 66. AS 12.55.027(c) is repealed and reenacted to read: 26 (c) In granting credit toward a sentence of imprisonment for time spent in a 27 treatment program, a court shall consider the following factors: 28 (1) the restrictions on the defendant's freedom of movement and 29 behavior; 30 (2) the circumstances under which the defendant was enrolled in the 31 program;
01 (3) the residency requirements of the program; 02 (4) the physical custody and supervision of the defendant at the 03 program; 04 (5) the circumstances under which the defendant is permitted to leave 05 the program's facility; 06 (6) the rules of the program and the requirement that the defendant 07 obey the orders of persons who have immediate custody or control over the defendant; 08 (7) the sanctions on the defendant for violating the program's rules or 09 orders; 10 (8) whether the defendant is subject to arrest for leaving the program's 11 facility without permission; 12 (9) the use of an electronic monitoring device; 13 (10) whether the program provides substance abuse treatment; 14 (11) the use of other technology that monitors or restricts the 15 defendant's movement and behavior; 16 (12) other factors that support the court's finding that the program 17 places a substantial restriction on the defendant's freedom of movement and behavior; 18 (13) other factors that support the court's finding that the program 19 furthers the reformation and rehabilitation of the defendant. 20 * Sec. 67. AS 12.55.027 is amended by adding a new subsection to read: 21 (f) To qualify as a treatment program under this section, a program must 22 (1) be intended to address criminogenic traits or behaviors; 23 (2) provide measures of progress or completion; and 24 (3) require notification to the pretrial service office or probation officer 25 if the person is discharged from the program for noncompliance. 26 * Sec. 68. AS 12.55.035(b) is amended to read: 27 (b) Upon conviction of an offense, a defendant who is not an organization may 28 be sentenced to pay, unless otherwise specified in the provision of law defining the 29 offense, a fine of not more than 30 (1) $500,000 for murder in the first or second degree, attempted murder 31 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual
01 abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree 02 under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first 03 degree; 04 (2) $250,000 for a class A felony; 05 (3) $100,000 for a class B felony; 06 (4) $50,000 for a class C felony; 07 (5) $25,000 [$10,000] for a class A misdemeanor; 08 (6) $2,000 for a class B misdemeanor; 09 (7) $500 for a violation. 10 * Sec. 69. AS 12.55.051(a) is amended to read: 11 (a) If the defendant defaults in the payment of a fine or any installment or of 12 restitution or any installment, the court may order the defendant to show cause why 13 the defendant should not be sentenced to imprisonment for nonpayment and, if the 14 payment was made a condition of the defendant's probation, may revoke the probation 15 of the defendant subject to the limits set out in AS 12.55.110. In a contempt or 16 probation revocation proceeding brought as a result of failure to pay a fine or 17 restitution, it is an affirmative defense that the defendant was unable to pay despite 18 having made continuing good faith efforts to pay the fine or restitution. If the court 19 finds that the defendant was unable to pay despite having made continuing good faith 20 efforts, the defendant may not be imprisoned solely because of the inability to pay. If 21 the court does not find that the default was attributable to the defendant's inability to 22 pay despite having made continuing good faith efforts to pay the fine or restitution, the 23 court may order the defendant imprisoned subject to the limits set out in 24 AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of 25 imprisonment imposed under this section may not exceed one day for each $50 of the 26 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 27 be given toward satisfaction of the order of the court for every day a person is 28 incarcerated for nonpayment of a fine or restitution. 29 * Sec. 70. AS 12.55.055(a) is amended to read: 30 (a) The court may order a defendant convicted of an offense to perform 31 community work as a condition of probation, a suspended sentence, [OR] suspended
01 imposition of sentence, or suspended entry of judgment, or in addition to any fine or 02 restitution ordered. If the defendant is sentenced to imprisonment, the court may 03 recommend to the Department of Corrections that the defendant perform community 04 work. 05 * Sec. 71. AS 12.55.055(c) is amended to read: 06 (c) The court may offer a defendant convicted of an offense the option of 07 performing community work in lieu of a fine, surcharge, or portion of a fine or 08 surcharge if the court finds the defendant is unable to pay the fine. The value of 09 community work in lieu of a fine is the state's minimum wage for each [$3 PER] 10 hour. 11 * Sec. 72. AS 12.55.055 is amended by adding new subsections to read: 12 (g) The court may not 13 (1) offer a defendant convicted of an offense the option of serving jail 14 time in lieu of performing uncompleted community work previously ordered by the 15 court; or 16 (2) convert uncompleted community work hours into a sentence of 17 imprisonment. 18 (h) If a court orders community work as part of the defendant's sentence under 19 this section, the court shall provide notice to the defendant at sentencing and include 20 as a provision of the judgment that if the defendant fails to provide proof of 21 community work within 20 days after the date set by the court, the court shall convert 22 those community work hours to a fine equal to the number of uncompleted work hours 23 multiplied by the state's minimum hourly wage and issue a judgment against the 24 defendant for that amount. 25 * Sec. 73. AS 12.55 is amended by adding a new section to read: 26 Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f) 27 of this section, if a person is found guilty or pleads guilty to a crime, the court may, 28 with the consent of the defendant and the prosecution and without imposing or 29 entering a judgment of guilt, defer further proceedings and place the person on 30 probation. The period of probation may not exceed the applicable terms set out in 31 AS 12.55.090(c).
01 (b) The court shall impose conditions of probation for a person on probation as 02 provided in (a) of this section, which may include that the person 03 (1) abide by all local, state, and federal laws; 04 (2) not leave the state without prior consent of the court; 05 (3) pay restitution as ordered by the court; and 06 (4) obey any other conditions of probation set by the court. 07 (c) At any time during the probationary term of the person released on 08 probation, a probation officer may, without warrant or other process, rearrest the 09 person so placed in the officer's care and bring the person before the court, or the court 10 may, in its discretion, issue a warrant for the rearrest of the person. The court may 11 revoke and terminate the probation if the court finds that the person placed upon 12 probation is 13 (1) violating the conditions of probation; 14 (2) engaging in criminal practices; or 15 (3) violating an order of the court to participate in or comply with the 16 treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 17 (d) If the court finds that the person has successfully completed probation, the 18 court shall, at the end of the probationary period set by the court, or at any time after 19 the expiration of one year from the date of the original probation, discharge the person 20 and dismiss the proceedings against the person. 21 (e) If the court finds that the person has violated the conditions of probation 22 ordered by the court, the court may revoke and terminate the person's probation, enter 23 judgment on the person's previous plea or finding of guilt, and pronounce sentence at 24 any time within the maximum probation period authorized by this section. 25 (f) The court may not suspend the imposition or entry of judgment and may not 26 defer prosecution under this section of a person who 27 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 28 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125 29 - 11.61.128, or AS 11.66.110 - 11.66.135; 30 (2) uses a firearm in the commission of the offense for which the 31 person is convicted;
01 (3) has previously been granted a suspension of judgment under this 02 section or a similar statute in another jurisdiction, unless the court enters written 03 findings that by clear and convincing evidence the person's prospects for rehabilitation 04 are high and suspending judgment under this section adequately protects the victim of 05 the offense, if any, and the community; 06 (4) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 07 and the person has one or more prior convictions for a misdemeanor violation of 08 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 09 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 10 felony in this state; for the purposes of this paragraph, a person shall be considered to 11 have a prior conviction even if 12 (A) the charges were dismissed under this section; 13 (B) the conviction has been set aside under AS 12.55.085; or 14 (C) the charge or conviction was dismissed or set aside under an 15 equivalent provision of the laws of another jurisdiction; or 16 (5) has been convicted of a crime involving domestic violence, as 17 defined by AS 18.66.990. 18 * Sec. 74. AS 12.55.090(b) is amended to read: 19 (b) Except as otherwise provided in (f) of this section, the court may revoke or 20 modify any condition of probation, [OR MAY] change the period of probation, or 21 terminate probation and discharge the defendant from probation. 22 * Sec. 75. AS 12.55.090(c) is amended to read: 23 (c) The period of probation, together with any extension, may not exceed 24 (1) 10 [25] years for a [FELONY] sex offense; [OR] 25 (2) five years for an unclassified felony under AS 11 that is not a 26 sex offense; 27 (3) three [10] years for a felony [ANY OTHER] offense not listed in 28 (1) or (2) of this subsection; 29 (4) two years for a misdemeanor offense 30 (A) under AS 11.41.230; 31 (B) under AS 28.35.030 or 28.35.032, if the person has
01 previously been convicted of an offense under AS 28.35.030 or 28.35.032, 02 or a similar law or ordinance of this or another jurisdiction; or 03 (5) one year for an offense not listed in (1) - (3) of this subsection. 04 * Sec. 76. AS 12.55.090(f) is amended to read: 05 (f) Unless the defendant and the prosecuting authority agree at the probation 06 revocation proceeding or other proceeding related to a probation violation, the 07 person qualifies for a reduction under AS 33.05.020(h) or a probation officer 08 recommends to the court that probation be terminated and the defendant be 09 discharged from probation under (g) of this section or AS 33.05.040, the court may 10 not reduce the specific period of probation [,] or the specific term of suspended 11 incarceration except by the amount of incarceration imposed for a probation violation, 12 if 13 (1) the sentence was imposed in accordance with a plea agreement 14 under Rule 11, Alaska Rules of Criminal Procedure; and 15 (2) the agreement required a specific period of probation or a specific 16 term of suspended incarceration. 17 * Sec. 77. AS 12.55.090 is amended by adding new subsections to read: 18 (g) A probation officer shall recommend to the court that probation be 19 terminated and a defendant be discharged from probation if the defendant 20 (1) has completed at least one year on probation; 21 (2) has completed all treatment programs required as a condition of 22 probation; 23 (3) has not been found in violation of conditions of probation by the 24 court for at least one year; 25 (4) is currently in compliance with all conditions of probation for all of 26 the cases for which the person is on probation; and 27 (5) has not been convicted of an unclassified felony offense, a sexual 28 felony as defined by AS 12.55.185, or a crime involving domestic violence as defined 29 by AS 18.66.990. 30 (h) Before a court may terminate probation and discharge the defendant before 31 the period of probation for the offense has been completed under (g) of this section,
01 the court shall allow victims to comment in writing to the court or allow a victim to 02 give sworn testimony or make an unsworn oral presentation at a hearing held to 03 determine whether to reduce the period of probation or terminate probation and 04 discharge the defendant. 05 (i) If a probation officer recommends to the court that probation be terminated 06 and a defendant be discharged from probation under (g) of this section, and if the 07 victim has earlier requested to be notified, the Department of Corrections shall send 08 the victim notice of the recommendation under (g) of this section and inform the 09 victim of the victim's rights under this section, the deadline for receipt of written 10 comments, the hearing date, and the court's address. 11 (j) If the victim submits written comments directly to the court and the parties 12 do not otherwise have the victim statements, the court shall distribute the statements to 13 the parties. 14 (k) In deciding whether to terminate probation and discharge the defendant 15 from probation under (g) of this section, the court shall consider the victim's 16 comments, testimony, or unsworn oral presentation, when relevant, and any response 17 by the prosecuting attorney and defendant. 18 (l) If a victim desires notice under this section, the victim shall maintain a 19 current, valid mailing address on file with the commissioner of corrections. The 20 commissioner shall send the notice to the victim's last known address. The victim's 21 address may not be disclosed to the defendant or the defendant's attorney. 22 (m) The court shall discharge the defendant from probation upon completion of 23 the period of probation. The period of probation is considered to be completed when 24 the combination of time served and credits earned under AS 33.05.020 is equal to the 25 probation period imposed, or after the probationer has been discharged from probation 26 under this section. 27 (n) In this section, "sex offense" has the meaning given in AS 12.63.100. 28 * Sec. 78. AS 12.55.100(a) is amended to read: 29 (a) While on probation and among the conditions of probation, the defendant 30 (1) shall be required to obey all state, federal, and local laws or 31 ordinances, and any court orders applicable to the probationer; and
01 (2) may be required 02 (A) [(1)] to pay a fine in one or several sums; 03 (B) [(2)] to make restitution or reparation to aggrieved parties 04 for actual damages or loss caused by the crime for which conviction was had, 05 including compensation to a victim that is a nonprofit organization for the 06 value of labor or goods provided by volunteers if the labor or goods were 07 necessary to alleviate or mitigate the effects of the defendant's crime; when 08 determining the amount of actual damages or loss under this subparagraph 09 [PARAGRAPH], the court shall value property as the market value of the 10 property at the time and place of the crime or, if the market value cannot 11 reasonably be ascertained, the cost of the replacement of the property within a 12 reasonable time after the crime; 13 (C) [(3)] to provide for the support of any persons for whose 14 support the defendant is legally responsible; 15 (D) [(4)] to perform community work in accordance with 16 AS 12.55.055; 17 (E) [(5)] to participate in or comply with the treatment plan of 18 an inpatient or outpatient rehabilitation program specified by either the court or 19 the defendant's probation officer that is related to the defendant's offense or to 20 the defendant's rehabilitation; 21 (F) [(6)] to satisfy the screening, evaluation, referral, and 22 program requirements of an agency authorized by the court to make referrals 23 for rehabilitative treatment or to provide rehabilitative treatment; 24 (G) [AND (7)] to comply with a program established under 25 AS 47.38.020; and 26 (H) to comply with the sanctions imposed by the defendant's 27 probation officer under AS 33.05.020(g). 28 * Sec. 79. AS 12.55.100(c) is amended to read: 29 (c) A program of inpatient treatment may be required by the authorized agency 30 under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and may not 31 exceed the maximum term of inpatient treatment specified in the judgment. A person
01 who has been referred for inpatient treatment may make a written request to the 02 sentencing court asking the court to review the referral. The request for review shall be 03 made within seven days after [OF] the agency's referral, and shall specifically set out 04 the grounds on [UPON] which the request for review is based. The court may order a 05 hearing on the request for review. 06 * Sec. 80. AS 12.55.110 is amended by adding new subsections to read: 07 (c) If a defendant is serving a period of probation for an offense, the court may 08 find that the defendant has committed a technical violation of probation. If the court 09 finds that a defendant has committed a technical violation of probation that does not 10 include absconding, the court may reinstate the term of probation with appropriate 11 conditions or impose a sentence of imprisonment of not more than 12 (1) three days for the first petition to revoke probation filed with the 13 court; 14 (2) five days for the second petition to revoke probation filed with the 15 court; 16 (3) 10 days for the third petition to revoke probation filed with the 17 court; or 18 (4) up to the remainder of the suspended portion of the sentence for a 19 fourth or subsequent petition to revoke probation. 20 (d) If the court revokes a person's probation for absconding, the court may 21 impose a period of imprisonment not to exceed 30 days. 22 (e) The limits set out in this section on the length of imprisonment for a 23 revocation do not apply if a probationer is enrolled in a program established under 24 AS 33.05.020(f). 25 (f) If the defendant is ordered to complete treatment under 26 AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order 27 the defendant to show cause why the defendant should not be sentenced to 28 imprisonment for noncompletion of treatment and may revoke the suspended sentence 29 subject to the limits established in this section. In a contempt or probation revocation 30 proceeding brought as a result of failure to complete treatment, it is an affirmative 31 defense that the defendant was unable to afford the cost of treatment or secure a place
01 in a free treatment program, despite having made continuing good faith efforts. If the 02 court finds that the defendant was unable to complete treatment despite having made 03 continuing good faith efforts, the defendant may not be imprisoned solely because of 04 an inability to pay. If the court does not find that the noncompletion of treatment was 05 attributable to the defendant's inability to pay, the court may order the defendant 06 imprisoned subject to the limits established in this section. 07 (g) In this section, 08 (1) "absconding" means failing to report within five working days after 09 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 10 with a probation officer, as ordered by the court or as directed by the probation officer, 11 and failing to make contact with the probation officer within 30 days following the 12 missed meeting; 13 (2) "technical violation" means a violation of the conditions of 14 probation that does not constitute 15 (A) a new criminal offense; 16 (B) failing to complete sex offender treatment; or 17 (C) failing to complete an intervention program for batterers. 18 * Sec. 81. AS 12.55.115 is amended to read: 19 Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole 20 at sentencing. The court may, as part of a sentence of imprisonment, further restrict 21 the eligibility of a prisoner for discretionary or administrative parole for a term 22 greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and 23 33.16.100. 24 * Sec. 82. AS 12.55.125(a) is amended to read: 25 (a) A defendant convicted of murder in the first degree or murder of an unborn 26 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 27 of at least 30 [20] years but not more than 99 years. A defendant convicted of murder 28 in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years 29 when 30 (1) the defendant is convicted of the murder of a uniformed or 31 otherwise clearly identified peace officer, firefighter, or correctional employee who
01 was engaged in the performance of official duties at the time of the murder; 02 (2) the defendant has been previously convicted of 03 (A) murder in the first degree under AS 11.41.100 or former 04 AS 11.15.010 or 11.15.020; 05 (B) murder in the second degree under AS 11.41.110 or former 06 AS 11.15.030; or 07 (C) homicide under the laws of another jurisdiction when the 08 offense of which the defendant was convicted contains elements similar to first 09 degree murder under AS 11.41.100 or second degree murder under 10 AS 11.41.110; 11 (3) the defendant subjected the murder victim to substantial physical 12 torture; 13 (4) the defendant is convicted of the murder of and personally caused 14 the death of a person, other than a participant, during a robbery; or 15 (5) the defendant is a peace officer who used the officer's authority as a 16 peace officer to facilitate the murder. 17 * Sec. 83. AS 12.55.125(c) is amended to read: 18 (c) Except as provided in (i) of this section, a defendant convicted of a class A 19 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 20 and shall be sentenced to a definite term within the following presumptive ranges, 21 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 22 (1) if the offense is a first felony conviction and does not involve 23 circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years; 24 (2) if the offense is a first felony conviction 25 (A) and the defendant possessed a firearm, used a dangerous 26 instrument, or caused serious physical injury or death during the commission 27 of the offense, or knowingly directed the conduct constituting the offense at a 28 uniformed or otherwise clearly identified peace officer, firefighter, correctional 29 employee, emergency medical technician, paramedic, ambulance attendant, or 30 other emergency responder who was engaged in the performance of official 31 duties at the time of the offense, five [SEVEN] to nine [11] years;
01 (B) and the conviction is for manufacturing related to 02 methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years, if 03 (i) the manufacturing occurred in a building with 04 reckless disregard that the building was used as a permanent or 05 temporary home or place of lodging for one or more children under 18 06 years of age or the building was a place frequented by children; or 07 (ii) in the course of manufacturing or in preparation for 08 manufacturing, the defendant obtained the assistance of one or more 09 children under 18 years of age or one or more children were present; 10 (3) if the offense is a second felony conviction, eight [10] to 12 [14] 11 years; 12 (4) if the offense is a third felony conviction and the defendant is not 13 subject to sentencing under (l) of this section, 13 [15] to 20 years. 14 * Sec. 84. AS 12.55.125(d) is amended to read: 15 (d) Except as provided in (i) of this section, a defendant convicted of a class B 16 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 17 and shall be sentenced to a definite term within the following presumptive ranges, 18 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years; 21 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 22 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 23 probation under AS 12.55.086, the defendant is required to serve an active term of 24 imprisonment within the range specified in this paragraph, unless the court finds that a 25 mitigation factor under AS 12.55.155 applies; 26 (2) if the offense is a first felony conviction, 27 (A) the defendant violated AS 11.41.130, and the victim was 28 (i) a child under 16 years of age, two to four years; or 29 (ii) was 16 years of age or older, one to three years; 30 (B) two to four years if the conviction is for an attempt, 31 solicitation, or conspiracy to manufacture related to methamphetamine under
01 AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and 02 (i) the attempted manufacturing occurred, or the 03 solicited or conspired offense was to have occurred, in a building with 04 reckless disregard that the building was used as a permanent or 05 temporary home or place of lodging for one or more children under 18 06 years of age or the building was a place frequented by children; or 07 (ii) in the course of an attempt to manufacture, the 08 defendant obtained the assistance of one or more children under 18 09 years of age or one or more children were present; 10 (3) if the offense is a second felony conviction, two [FOUR] to five 11 [SEVEN] years; 12 (4) if the offense is a third felony conviction, four [SIX] to 10 years. 13 * Sec. 85. AS 12.55.125(e) is amended to read: 14 (e) Except as provided in (i) of this section, a defendant convicted of a class C 15 felony may be sentenced to a definite term of imprisonment of not more than five 16 years, and shall be sentenced to a definite term within the following presumptive 17 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (4) of this subsection, probation, with a suspended term 20 of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT 21 SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT 22 APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE 23 UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF 24 PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE 25 AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN 26 THIS PARAGRAPH]; 27 (2) if the offense is a second felony conviction, one to three [TWO TO 28 FOUR] years; 29 (3) if the offense is a third felony conviction, two [THREE] to five 30 years; 31 (4) if the offense is a first felony conviction, and the defendant violated
01 AS 08.54.720(a)(15), one to two years. 02 * Sec. 86. AS 12.55.127(c) is amended to read: 03 (c) If the defendant is being sentenced for 04 (1) escape, the term of imprisonment shall be consecutive to the term 05 for the underlying crime; 06 (2) two or more crimes under AS 11.41, a consecutive term of 07 imprisonment shall be imposed for at least 08 (A) the mandatory minimum term under AS 12.55.125(a) for 09 each additional crime that is murder in the first degree; 10 (B) one-fourth of the mandatory minimum term under 11 AS 12.55.125(b) for each additional crime that is murder in the second 12 degree; 13 (C) [(B)] the mandatory minimum term for each additional 14 crime that is an unclassified felony governed by AS 12.55.125(b) other than 15 murder in the second degree; 16 (D) [(C)] the presumptive term specified in AS 12.55.125(c) or 17 the active term of imprisonment, whichever is less, for each additional crime 18 that is 19 (i) manslaughter; or 20 (ii) kidnapping that is a class A felony; 21 (E) [(D)] two years or the active term of imprisonment, 22 whichever is less, for each additional crime that is criminally negligent 23 homicide; 24 (F) [(E)] one-fourth of the presumptive term under 25 AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the 26 first degree under AS 11.41.410 or sexual abuse of a minor in the first degree 27 under AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 28 offenses; and 29 (G) [(F)] some additional term of imprisonment for each 30 additional crime, or each additional attempt or solicitation to commit the 31 offense, under AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 -
01 11.41.458, or 11.41.500 - 11.41.520. 02 * Sec. 87. AS 12.55.135(a) is amended to read: 03 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 04 definite term of imprisonment of not more than 05 (1) one year, if the 06 (A) conviction is for a crime with a mandatory minimum 07 term of 30 days or more of active imprisonment; 08 (B) trier of fact finds the aggravating factor that the conduct 09 constituting the offense was among the most serious conduct included in 10 the definition of the offense; 11 (C) defendant has past criminal convictions for conduct 12 violative of criminal laws, punishable as felonies or misdemeanors, similar 13 in nature to the offense for which the defendant is being sentenced; or 14 (D) conviction is for an assault in the fourth degree that is a 15 crime involving domestic violence; or 16 (2) 30 days. 17 * Sec. 88. AS 12.55.135(b) is amended to read: 18 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 19 definite term of imprisonment of not more than 10 [90] days unless otherwise 20 specified in the provision of law defining the offense or in this section. 21 * Sec. 89. AS 12.55.135 is amended by adding new subsections to read: 22 (l) A court sentencing a person convicted of theft in the fourth degree under 23 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of 24 identification marks under AS 11.46.260(b)(3), unlawful possession under 25 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 26 simulation under AS 11.46.530(b)(3) may not impose 27 (1) a sentence of more than five days of suspended imprisonment and a 28 term of probation of more than six months if the person has previously been convicted 29 two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 30 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction 31 with substantially similar elements; or
01 (2) a sentence of active or suspended imprisonment if the person has 02 not been previously convicted, or has previously been convicted once, of an offense 03 under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a 04 law or ordinance of this or another jurisdiction with substantially similar elements. 05 (m) A court may not impose a sentence of imprisonment for a definite term of 06 more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110. 07 (n) A court sentencing a person convicted of misconduct involving a controlled 08 substance in the fourth degree under AS 11.71.050(a)(4) or misconduct involving a 09 controlled substance in the fifth degree under AS 11.71.060(a)(2) may not impose 10 (1) a sentence of active imprisonment, unless the person has previously 11 been convicted more than once of an offense under AS 11.71 or a law of this or 12 another jurisdiction with elements substantially similar to an offense under AS 11.71; 13 or 14 (2) a sentence of suspended imprisonment greater than 15 (A) 30 days, if the defendant has not been previously convicted 16 of an offense under AS 11.71 or a law of this or another jurisdiction with 17 elements substantially similar to an offense under AS 11.71; or 18 (B) 180 days, if the person has been previously convicted of an 19 offense under AS 11.71 or a law of this or another jurisdiction with elements 20 substantially similar to an offense under AS 11.71. 21 (o) If an aggravating factor is a necessary element of the present offense, that 22 factor may not be used to impose a sentence above the high end of the range. 23 (p) If the state seeks to establish an aggravating factor at sentencing 24 (1) under (a)(1)(C) of this section, written notice must be served on the 25 opposing party and filed with the court not later than 10 days before the date set for 26 imposition of sentence; the aggravating factor in (a)(1)(C) of this section must be 27 established by clear and convincing evidence before the court sitting without a jury; all 28 findings must be set out with specificity; 29 (2) an aggravating factor under (a)(1)(B) of this section shall be 30 presented to a trial jury under procedures set by the court, unless the defendant waives 31 trial by jury, stipulates to the existence of the factor, or consents to have the factor
01 proven under procedures set out in (1) of this subsection; an aggravating factor 02 presented to a jury is established if proved beyond a reasonable doubt; written notice 03 of the intent to establish an aggravating factor must be served on the defendant and 04 filed with the court 05 (A) not later than 10 days before trial or at a time specified by 06 the court; 07 (B) not later than 48 hours, or at a time specified by the court, if 08 the court instructs the jury about the option to return a verdict for a lesser 09 included offense; or 10 (C) not later than five days before entering a plea that results in 11 a finding of guilt or at a time specified by the court unless the defendant 12 waives the notice requirement. 13 * Sec. 90. AS 12.61.015(a) is amended to read: 14 (a) If a victim of a felony or a crime involving domestic violence requests, the 15 prosecuting attorney shall make a reasonable effort to 16 (1) confer with the person against whom the offense has been 17 perpetrated about that person's testimony before the defendant's trial; 18 (2) in a manner reasonably calculated to give prompt actual notice, 19 notify the victim 20 (A) of the defendant's conviction and the crimes of which the 21 defendant was convicted; 22 (B) of the victim's right in a case that is a felony to make a 23 written or oral statement for use in preparation of the defendant's presentence 24 report, and of the victim's right to appear personally at the defendant's 25 sentencing hearing to present a written statement and to give sworn testimony 26 or an unsworn oral presentation; 27 (C) of the address and telephone number of the office that will 28 prepare the presentence report; and 29 (D) of the time and place of the sentencing proceeding; 30 (3) notify the victim in writing of the final disposition of the case 31 within 30 days after final disposition of the case;
01 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC 02 VIOLENCE] concerning a proposed plea agreement before entering into an 03 agreement; 04 (5) inform the victim of a pending motion that may substantially delay 05 the prosecution and inform the court of the victim's position on the motion; in this 06 paragraph, a "substantial delay" is 07 (A) for a misdemeanor, a delay of one month or longer; 08 (B) for a felony, a delay of two months or longer; and 09 (C) for an appeal, a delay of six months or longer. 10 * Sec. 91. AS 12.62.400(a) is amended to read: 11 (a) To obtain a national criminal history record check for determining a 12 person's qualifications for a license, permit, registration, employment, or position, a 13 person shall submit the person's fingerprints to the department with the fee established 14 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 15 of Investigation to obtain a national criminal history record check of the person for the 16 purpose of evaluating a person's qualifications for 17 (1) a license or conditional contractor's permit to manufacture, sell, 18 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 19 under AS 04.11; 20 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 21 loan originator under AS 06.60; 22 (3) admission to the Alaska Bar Association under AS 08.08; 23 (4) licensure as a collection agency operator under AS 08.24; 24 (5) a certificate of fitness to handle explosives under AS 08.52; 25 (6) licensure as a massage therapist under AS 08.61; 26 (7) licensure to practice nursing or certification as a nurse aide under 27 AS 08.68; 28 (8) certification as a real estate appraiser under AS 08.87; 29 (9) a position involving supervisory or disciplinary power over a minor 30 or dependent adult for which criminal justice information may be released under 31 AS 12.62.160(b)(9);
01 (10) a teacher certificate under AS 14.20; 02 (11) licensure as a security guard under AS 18.65.400 - 18.65.490; 03 (12) a concealed handgun permit under AS 18.65.700 - 18.65.790; 04 (13) licensure as an insurance producer, managing general agent, 05 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 06 broker, or independent adjuster under AS 21.27; 07 (14) serving and executing process issued by a court by a person 08 designated under AS 22.20.130; 09 (15) a school bus driver license under AS 28.15.046; 10 (16) licensure as an operator or an instructor for a commercial driver 11 training school under AS 28.17; 12 (17) registration as a broker-dealer, agent, investment adviser 13 representative, or state investment adviser under AS 45.55.030 - 45.55.060; 14 (18) a registration or license to operate a marijuana establishment 15 under AS 17.38. 16 * Sec. 92. AS 12.70.130 is amended to read: 17 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 18 lawfully made by a peace officer or a private person without a warrant upon 19 reasonable information that the accused stands charged in the courts of another state 20 with a crime punishable by death or imprisonment for a term exceeding one year, but 21 when arrested the accused must be taken before a judge or magistrate without 22 unnecessary delay and, in any event, within 24 [48] hours after arrest, absent 23 compelling circumstances, including Sundays and holidays, and complaint shall be 24 made against the accused under oath setting out the ground for the arrest as in 25 AS 12.70.120. The hearing before the judge or magistrate may not take place 26 more than 48 hours after arrest. Thereafter the answer of the accused shall be heard 27 as if the accused had been arrested on a warrant. 28 * Sec. 93. AS 17.38.200(a) is amended to read: 29 (a) Each application or renewal application for a registration to operate a 30 marijuana establishment shall be submitted to the board. A renewal application may be 31 submitted up to 90 days before [PRIOR TO] the expiration of the marijuana
01 establishment's registration. When filing an application under this subsection, the 02 applicant shall submit the applicant's fingerprints and the fees required by the 03 Department of Public Safety under AS 12.62.160 for criminal justice information 04 and a national criminal history record check. The board shall forward the 05 fingerprints and fees to the Department of Public Safety to obtain a report of 06 criminal justice information under AS 12.62 and a national criminal history 07 record check under AS 12.62.400. 08 * Sec. 94. AS 22.35.030, added by sec. 2, ch. 1, SLA 2016, is amended to read: 09 Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or 10 dismissal. The Alaska Court System may not publish a court record of a criminal case 11 on a publicly available website if 60 days have elapsed from the date of acquittal or 12 dismissal and 13 (1) the defendant was acquitted of all charges filed in the case; 14 (2) all criminal charges against the defendant in the case have been 15 dismissed and were not dismissed as part of a plea agreement in another criminal case 16 under Rule 11, Alaska Rules of Criminal Procedure; [OR] 17 (3) the defendant was acquitted of some of the criminal charges in the 18 case and the remaining charges were dismissed; or 19 (4) all criminal charges against the defendant in the case have been 20 dismissed after a suspended entry of judgment under AS 12.55.078. 21 * Sec. 95. AS 28.10.011 is amended to read: 22 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 23 moved, or parked on [UPON] a highway or other public parking place in the state 24 shall be registered under this chapter except when the vehicle is 25 (1) driven or moved on a highway only for the purpose of crossing the 26 highway from one private property to another, including an implement of husbandry 27 as defined by regulation; 28 (2) driven or moved on a highway under a dealer's plate or temporary 29 permit as provided for in AS 28.10.031 and 28.10.181(j); 30 (3) special mobile equipment as defined by regulation; 31 (4) owned by the United States;
01 (5) moved by human or animal power; 02 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 03 Relief Act); 04 (7) driven or parked only on private property; 05 (8) the vehicle of a nonresident as provided under AS 28.10.121; 06 (9) transported under a special permit under AS 28.10.151; 07 (10) [BEING] driven or moved by an operator with an off-highway 08 commercial driver's license on a highway, vehicular way, or a public parking place 09 in the state that is not connected by a land highway or vehicular way to 10 (A) the land-connected state highway system; or 11 (B) a highway or vehicular way with an average daily traffic 12 volume greater than 499; 13 (11) driven or moved in an off-road system eligible area by an 14 operator with a noncommercial driver's license, including an off-road system 15 restricted noncommercial driver's license issued under AS 28.15.126; 16 (12) [(11)] an implement of husbandry operated in accordance with the 17 provisions of AS 19.10.065; 18 (13) [(12)] an electric personal motor vehicle. 19 * Sec. 96. AS 28.15 is amended by adding a new section to read: 20 Sec. 28.15.126. Off-road system restricted noncommercial driver's license. 21 (a) The department shall waive the road test and issue an off-road system restricted 22 noncommercial driver's license to an applicant who resides and operates a motor 23 vehicle in an off-road system eligible area of the state. A driver issued an off-road 24 system restricted noncommercial driver's license may operate a motor vehicle in an 25 off-road system eligible area of the state. A driver issued an off-road system restricted 26 noncommercial driver's license may not operate a motor vehicle 27 (1) outside the off-road system eligible area of the state on a highway, 28 vehicular way, or a public parking place in the state unless the person has or is 29 accompanied by a person with a driver's license that is not restricted under this 30 section; or 31 (2) outside the state.
01 (b) The department shall annually publish a list of off-road system eligible 02 areas. The department shall make the list available at each office of the department 03 and on the department's Internet website. 04 * Sec. 97. AS 28.15.165 is amended by adding a new subsection to read: 05 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 06 license has been revoked under this section as a result of a refusal to submit to a 07 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 08 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 09 municipal ordinance in which the test produced a result described in 10 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 11 department shall rescind a revocation under this subsection if the department finds that 12 the person has supplied proof in a form satisfactory to the department that 13 (1) the person has been acquitted of driving while under the influence 14 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 15 similar municipal ordinance for the incident on which the revocation was based; or 16 (2) all criminal charges against the person for driving while under the 17 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 18 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 19 the incident on which the revocation is based have been dismissed without prejudice. 20 * Sec. 98. AS 28.15.201(d) is amended to read: 21 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 22 a license under AS 28.15.181(c), or the department when revoking a driver's license, 23 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 24 limited license privileges if 25 (1) the revocation was for a misdemeanor conviction under 26 AS 28.35.030 or a similar municipal ordinance and not for a violation of 27 AS 28.35.032; 28 (2) the person 29 (A) has not been previously convicted and the limited license is 30 not granted during the first 30 days of the period of revocation; or 31 (B) has been previously convicted and the limited license is not
01 granted during the first 90 days of the period of revocation; 02 (3) the court or department requires the person to use an ignition 03 interlock device during the period of the limited license whenever the person operates 04 a motor vehicle in an area [A COMMUNITY] not included in the list published by 05 the department under AS 28.15.126 [AS 28.22.011(b)] and, when applicable, 06 (A) the person provides proof of installation of the ignition 07 interlock device on every vehicle the person operates; 08 (B) the person signs an affidavit acknowledging that 09 (i) operation by the person of a vehicle that is not 10 equipped with an ignition interlock device is subject to penalties for 11 driving with a revoked license; 12 (ii) circumventing or tampering with the ignition 13 interlock device is a class A misdemeanor; and 14 (iii) the person is required to maintain the ignition 15 interlock device throughout the period of the limited license, to keep 16 up-to-date records in each vehicle showing that any required service 17 and calibration is current, and to produce those records immediately on 18 request; 19 (4) the person is enrolled in and is in compliance with or has 20 successfully completed the alcoholism screening, evaluation, referral, and program 21 requirements of the Department of Health and Social Services under AS 28.35.030(h); 22 (5) the person provides proof of insurance as required by AS 28.20.230 23 and 28.20.240; and 24 (6) the person has not previously been convicted of violating the 25 limitations of an ignition interlock limited license or been convicted of violating the 26 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 27 sections. 28 * Sec. 99. AS 28.15.201 is amended by adding new subsections to read: 29 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 30 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 31 department when revoking a driver's license, privilege to drive, or privilege to obtain a
01 license under AS 28.15.165(c), may grant limited license privileges if 02 (1) the revocation was for a felony conviction under AS 28.35.030; 03 (2) the person is participating in and has successfully participated for at 04 least six months in, or has successfully completed, a court-ordered treatment program 05 under AS 28.35.028, and submits verification acceptable to the department; 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 has not previously been granted a limited license under 26 this section and had the license revoked under (h) of this section. 27 (h) The court or the department may immediately revoke a limited license 28 granted under (g) of this section if the person is convicted of a violation of 29 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 30 or if the person is not in compliance with a court-ordered treatment program under 31 AS 28.35.028.
01 * Sec. 100. AS 28.15.291(a) is repealed and reenacted to read: 02 (a) A person commits the crime of driving while license canceled, suspended, 03 revoked, or in violation of a limitation if the person drives 04 (1) a motor vehicle on a highway or vehicular way or area at a time 05 when that person's driver's license, privilege to drive, or privilege to obtain a license 06 has been canceled, suspended, or revoked under circumstances described in 07 AS 28.15.181(c) or a similar law in another jurisdiction; 08 (2) a motor vehicle on a highway or vehicular way or area at a time 09 when that person's driver's license, privilege to drive, or privilege to obtain a license 10 has been canceled, suspended, or revoked under circumstances other than those 11 described in (1) of this subsection; or 12 (3) in violation of a limitation placed on that person's license or 13 privilege to drive in this or another jurisdiction. 14 * Sec. 101. AS 28.15.291(b) is repealed and reenacted to read: 15 (b) Driving while license canceled, suspended, revoked, or in violation of a 16 limitation is 17 (1) a class A misdemeanor if the person violates (a)(1) of this section; 18 upon conviction the court shall impose a minimum sentence of imprisonment of not 19 less than 10 days 20 (A) with 10 days suspended if the person has not been 21 previously convicted under (a)(1) of this section or a similar law of another 22 jurisdiction; or 23 (B) if the person has been previously convicted under (a)(1) of 24 this section or a similar law in another jurisdiction; 25 (2) an infraction if the person violates (a)(2) or (3) of this section. 26 * Sec. 102. AS 28.22.011(a) is amended to read: 27 (a) The operator or owner of a motor vehicle subject to registration under 28 AS 28.10.011 when driven on a highway, vehicular way or area, or on other public 29 property in the state, shall be insured under a motor vehicle liability policy that 30 complies with this chapter or a certificate of self-insurance that complies with 31 AS 28.20.400 unless the operator has not been cited within the preceding five
01 years for a traffic law violation with a demerit point value of six or more on the 02 point schedule determined under regulations adopted by the department under 03 AS 28.15.221 and 04 (1) the motor vehicle is being driven or moved by an operator with an 05 off-highway commercial driver's license on a highway, vehicular way, or a public 06 parking place in the state that is not connected by a land highway or vehicular way to 07 (A) the land-connected state highway system; [,] or 08 (B) a highway or vehicular way with an average daily traffic 09 volume greater than 499; or [AND] 10 (2) the operator has a noncommercial driver's license, including an 11 off-road system restricted noncommercial driver's license issued under 12 AS 28.15.126 and is operating the motor vehicle in an off-road system eligible 13 area of the state [NOT BEEN CITED WITHIN THE PRECEDING FIVE YEARS 14 FOR A TRAFFIC LAW VIOLATION WITH A DEMERIT POINT VALUE OF SIX 15 OR MORE ON THE POINT SCHEDULE DETERMINED UNDER REGULATIONS 16 ADOPTED BY THE DEPARTMENT UNDER AS 28.15.221]. 17 * Sec. 103. AS 28.35.028(b) is amended to read: 18 (b) Once the court elects to proceed under this section, the defendant shall 19 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 20 as appropriate. The state and the defendant may enter into a plea agreement to 21 determine the offense or offenses to which the defendant is required to plead. If the 22 court accepts the agreement, the court shall enforce the terms of the agreement. The 23 court shall enter a judgment of conviction for the offense or offenses for which the 24 defendant has pleaded or an order finding that the defendant has violated probation, as 25 appropriate. A judgment of conviction or an order finding a probation violation must 26 set a schedule for payment of restitution owed by the defendant. In a judgment of 27 conviction and on probation conditions that the court considers appropriate, the court 28 may withhold pronouncement of a period of imprisonment or a fine to provide an 29 incentive for the defendant to complete recommended treatment successfully. 30 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 31 mandatory minimum or other sentencing provision applicable to the offense.
01 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 02 other provision of law, the court, at any time after the period when a reduction of 03 sentence is normally available, may consider and reduce the defendant's sentence, 04 including imprisonment, fine, or license revocation, based on the defendant's 05 compliance with the treatment plan; when reducing a sentence, the court (1) may not 06 reduce the sentence below the mandatory minimum sentence for the offense unless the 07 court finds that the defendant has successfully complied with and completed the 08 treatment plan and that the treatment plan approximated the severity of the minimum 09 period of imprisonment, and (2) may consider the defendant's compliance with the 10 treatment plan as a mitigating factor allowing a reduction of a sentence under 11 AS 12.55.155(a). A court entering an order finding the defendant has violated 12 probation may withhold pronouncement of disposition to provide an incentive for the 13 defendant to complete the recommended treatment successfully. 14 * Sec. 104. AS 28.35.030(k) is amended to read: 15 (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT 16 A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a 17 private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL 18 CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available, 19 imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a 20 private residence by other means determined by the commissioner of corrections 21 [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER 22 OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section 23 may be served at a community residential center or at a private residence if approved 24 by the commissioner of corrections. Imprisonment served at a private residence must 25 include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not 26 available, by other means as determined by the commissioner of corrections. The 27 cost of imprisonment resulting from the sentence imposed under (b)(1) of this section 28 shall be paid to the state by the person being sentenced. The [PROVIDED, 29 HOWEVER, THAT THE] cost of imprisonment required to be paid under this 30 subsection may not exceed $2,000. Upon the person's conviction, the court shall 31 include the costs of imprisonment as a part of the judgment of conviction. Except for
01 reimbursement from a permanent fund dividend as provided in this subsection, 02 payment of the cost of imprisonment is not required if the court determines the person 03 is indigent. For costs of imprisonment that are not paid by the person as required by 04 this subsection, the state shall seek reimbursement from the person's permanent fund 05 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 06 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 07 SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM AT 08 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 09 under (b)(1)(B) of this section shall perform at least 160 hours of community service 10 work, as required by the director of the community residential center or other 11 appropriate place, or as required by the commissioner of corrections if the sentence is 12 being served at a private residence. In this subsection, "appropriate place" means a 13 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 14 residence, and includes a correctional center, residential treatment facility, hospital, 15 halfway house, group home, work farm, work camp, or other place that provides 16 varying levels of restriction. 17 * Sec. 105. AS 28.35.030(l) is amended to read: 18 (l) The commissioner of corrections shall determine and prescribe by 19 regulation a uniform average cost of imprisonment for the purpose of determining the 20 cost of imprisonment required to be paid under (k) of this section by a convicted 21 person. The regulations must include the costs associated with electronic 22 monitoring under AS 33.30.065. 23 * Sec. 106. AS 28.35.030(o) is amended to read: 24 (o) Upon request, the department shall review a driver's license revocation 25 imposed under (n)(3) of this section and 26 (1) may restore the driver's license if 27 (A) [(1)] the license has been revoked for a period of at least 10 28 years; 29 (B) [(2)] the person has not been convicted of a driving-related 30 criminal offense since the license was revoked; and 31 (C) [(3)] the person provides proof of financial responsibility;
01 (2) shall restore the driver's license if 02 (A) the person has been granted limited license privileges 03 under AS 28.15.201(g) and has successfully driven under that limited 04 license for three years without having the limited license privileges 05 revoked; 06 (B) the person has successfully completed a court-ordered 07 treatment program under AS 28.35.028; 08 (C) the court previously terminated the person's revocation 09 as provided in AS 28.15.181(f)(1)(B); 10 (D) the person has not been convicted of a violation of 11 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 12 jurisdiction since the license was revoked; 13 (E) the person is otherwise eligible to have the person's 14 driving privileges restored as provided in AS 28.15.211; in an application 15 under this subsection, a person whose license was revoked for a violation 16 of AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 17 required under AS 28.35.030(h) or 28.35.032(l); and 18 (F) the person provides proof of financial responsibility. 19 * Sec. 107. AS 28.35.030(t) is amended to read: 20 (t) Notwithstanding (b) or (n) of this section, the court shall waive the 21 requirement of the use of an ignition interlock device when a person operates a motor 22 vehicle in an area [A COMMUNITY] included on the list published by the 23 department under AS 28.15.126 [AS 28.22.011(b)]. 24 * Sec. 108. AS 28.35.032(o) is amended to read: 25 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 26 private residence by electronic monitoring under AS 33.30.065. If electronic 27 monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A 28 COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under 29 (g)(1)(A) of this section shall be served at a private residence by other means as 30 determined by the commissioner of corrections [AT ANOTHER APPROPRIATE 31 PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS].
01 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 02 community residential center or at a private residence if approved by the 03 commissioner of corrections. Imprisonment served at a private residence must include 04 electronic monitoring under AS 33.30.065 or, if electronic monitoring is not 05 available, shall be served by other means as determined by the commissioner of 06 corrections. The cost of imprisonment resulting from the sentence imposed under 07 (g)(1) of this section shall be paid to the state by the person being sentenced. The 08 [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid 09 under this subsection may not exceed $2,000. Upon the person's conviction, the court 10 shall include the costs of imprisonment as a part of the judgment of conviction. Except 11 for reimbursement from a permanent fund dividend as provided in this subsection, 12 payment of the cost of imprisonment is not required if the court determines the person 13 is indigent. For costs of imprisonment that are not paid by the person as required by 14 this subsection, the state shall seek reimbursement from the person's permanent fund 15 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 16 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 17 SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT 18 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 19 under (g)(1)(B) of this section shall perform at least 160 hours of community service 20 work, as required by the director of the community residential center or other 21 appropriate place, or as required by the commissioner of corrections if the sentence is 22 being served at a private residence. In this subsection, "appropriate place" means a 23 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 24 residence, and includes a correctional center, residential treatment facility, hospital, 25 halfway house, group home, work farm, work camp, or other place that provides 26 varying levels of restriction. 27 * Sec. 109. AS 28.35.032(t) is amended to read: 28 (t) Notwithstanding (g) or (p) of this section, the court shall waive the 29 requirement of the use of an ignition interlock device when a person operates a motor 30 vehicle in an area [A COMMUNITY] included on the list published by the 31 department under AS 28.15.126 [AS 28.22.011(b)].
01 * Sec. 110. AS 28.90.990(a) is amended by adding a new paragraph to read: 02 (32) "off-road system eligible area" means an area of the state, as 03 determined by the department, that does not have land-connected road access to an 04 office that offers road testing at least once every three months and offers a sufficient 05 number of road tests to meet public demand. 06 * Sec. 111. AS 29.10.200(21) is amended to read: 07 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN 08 CIVIL ACTIONS)]; 09 * Sec. 112. AS 29.25.070(a) is amended to read: 10 (a) For the violation of an ordinance, a municipality may by ordinance 11 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, 12 except as limited by (g) of this section. For a violation that cannot result in 13 incarceration or the loss of a valuable license, a municipality may allow disposition of 14 the violation without court appearance and establish a schedule of fine amounts for 15 each offense. 16 * Sec. 113. AS 29.25.070 is amended by adding a new subsection to read: 17 (g) If a municipality prescribes a penalty for a violation of a municipal 18 ordinance, including a violation under (a) of this section, and there is a comparable 19 state offense under AS 11 or AS 28 with elements that are similar to the municipal 20 ordinance, the municipality may not impose a greater punishment than that imposed 21 for a violation of the state law. This subsection applies to home rule and general law 22 municipalities. 23 * Sec. 114. AS 33.05.020 is amended by adding new subsections to read: 24 (g) The commissioner shall establish an administrative sanction and incentive 25 program to facilitate a swift and effective response to a probationer's compliance with 26 or violation of the conditions of probation. The commissioner shall adopt regulations 27 to implement the program. At a minimum, the regulations must include 28 (1) a decision-making process to guide probation officers in 29 determining the suitable response to positive and negative offender behavior that 30 includes a list of sanctions for the most common types of negative behavior, including 31 technical violations of conditions of probation, and a list of incentives for compliance
01 with conditions and positive behavior that exceeds those conditions; 02 (2) policies and procedures that ensure 03 (A) a process for responding to negative behavior that includes 04 a review of previous violations and sanctions; 05 (B) that enhanced sanctions for certain negative conduct are 06 approved by the commissioner or the commissioner's designee; and 07 (C) that appropriate due process protections are included in the 08 process, including notice of negative behavior, an opportunity to dispute the 09 accusation and the sanction, and an opportunity to request a review of the 10 accusation and the sanction. 11 (h) The commissioner shall establish by regulation a program allowing 12 probationers to earn credits for complying with the conditions of probation. The 13 credits earned reduce the period of probation. Nothing in this subsection prohibits the 14 department from recommending to the court the early discharge of the probationer as 15 provided in AS 33.30. At a minimum, the regulations must 16 (1) require that a probationer earn a credit of 30 days for each 30-day 17 period served in which the defendant complied with the conditions of probation; 18 (2) include policies and procedures for 19 (A) calculating and tracking credits earned by probationers; 20 (B) reducing the probationer's period of probation based on 21 credits earned by the probationer; and 22 (C) notifying a victim under AS 33.30.013. 23 * Sec. 115. AS 33.05.040 is amended to read: 24 Sec. 33.05.040. Duties of probation officers. A probation officer shall 25 (1) furnish to each probationer under the supervision of the officer a 26 written statement of the conditions of probation and shall instruct the probationer 27 regarding the same; 28 (2) keep informed concerning the conduct and condition of each 29 probationer under the supervision of the officer and shall report on the probationer to 30 the court placing the [SUCH] person on probation; 31 (3) use all suitable methods, not inconsistent with the conditions
01 imposed by the court, to aid probationers and to bring about improvements in their 02 conduct and condition; 03 (4) keep records of the probation work, including administrative 04 sanctions and incentives the probation officer imposes under AS 33.05.020(g), 05 keep accurate and complete accounts of all money collected from persons under the 06 supervision of the officer, give receipts for money collected and make at least monthly 07 returns of it, make the reports to the court and the commissioner required by them, and 08 perform other duties the court may direct; 09 (5) perform the [SUCH] duties with respect to persons on parole as the 10 commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole 11 officer; 12 (6) use administrative sanctions and incentives developed under 13 AS 33.05.020(g) to respond to a probationer's negative and positive behavior, 14 including responses to technical violations of conditions of probation, in a way 15 that is intended to interrupt negative behavior in a swift, certain, and 16 proportional manner and support progress with a recognition of positive 17 behavior; 18 (7) upon determining that a probationer under the supervision of 19 the officer meets the requirements of AS 12.55.090(g), recommend to the court as 20 soon as practicable that probation be terminated and the probationer be 21 discharged from probation; and 22 (8) for each probationer who owes restitution and who is under the 23 supervision of the officer, create a restitution payment schedule based on the 24 probationer's income and ability to pay if the court has not already set a 25 restitution payment schedule. 26 * Sec. 116. AS 33.05.080 is amended by adding a new paragraph to read: 27 (3) "administrative sanctions and incentives" means responses by a 28 probation officer to a probationer's compliance with or violation of the conditions of 29 probation under AS 33.05.020(g). 30 * Sec. 117. AS 33 is amended by adding a new chapter to read: 31 Chapter 07. Pretrial Services Program.
01 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 02 shall establish and administer a pretrial services program that provides a pretrial risk 03 assessment for all defendants, recommendations to the court concerning pretrial 04 release decisions, and supervision of defendants released while awaiting trial as 05 ordered by the court. 06 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 07 shall 08 (1) appoint and make available to the superior court and district court 09 qualified pretrial services officers; 10 (2) fix pretrial services officers' salaries; 11 (3) assign pretrial services officers to each judicial district; 12 (4) provide for the necessary supervision, training, expenses, including 13 clerical services, and travel of pretrial services officers; 14 (5) approve a risk assessment instrument that is objective, standardized, 15 and developed based on analysis of empirical data and risk factors relevant to pretrial 16 failure, that evaluates the likelihood of failure to appear in court and the likelihood of 17 rearrest during the pretrial period, and that is validated on the state's pretrial 18 population; and 19 (6) adopt regulations in consultation with the Department of Law, the 20 public defender, the Department of Public Safety, the office of victims' rights, and the 21 Alaska Court System, consistent with this chapter and as necessary to implement the 22 program; the regulations must include a process for pretrial services officers to make a 23 recommendation to the court concerning a pretrial release decision and guidelines for 24 pretrial diversion recommendations. 25 Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services 26 officers shall, in advance of a first appearance before a judicial officer under 27 AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument 28 approved by the commissioner for the purpose of making a recommendation to the 29 court concerning an appropriate pretrial release decision and conditions of release. In 30 conducting a pretrial risk assessment and making a recommendation to the court, the 31 department shall follow the decision-making process established by regulation under
01 this chapter. The pretrial risk assessment shall be completed and presented to the court 02 in a pretrial release report that contains a risk assessment rating of low, moderate, or 03 high and a recommendation regarding release and release conditions before the 04 defendant's first appearance before a judicial officer. 05 (b) A pretrial services officer shall make a recommendation under (a) of this 06 section for pretrial release to the court based on factors that include the results of a 07 pretrial risk assessment, the offense charged, and the least restrictive condition or 08 conditions that will reasonably ensure the appearance of the person in court and the 09 safety of the victim, other persons, and the community. The recommendation must 10 take into account 11 (1) the defendant's risk rating; 12 (2) the appropriateness for release on the defendant's own recognizance 13 or upon the execution of an unsecured appearance bond, unsecured performance bond, 14 or both; and 15 (3) the appropriateness of nonmonetary release conditions permitted 16 under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those 17 conditions by a pretrial services officer for defendants who are recommended for 18 release. 19 (c) A pretrial services officer shall recommend for release on personal 20 recognizance, upon execution of an unsecured appearance bond, or upon execution of 21 an unsecured performance bond, with nonmonetary conditions as appropriate, if a 22 defendant is charged with 23 (1) a misdemeanor, unless that misdemeanor is 24 (A) a crime involving domestic violence, as defined in 25 AS 18.66.990; 26 (B) a crime against the person under AS 11.41; 27 (C) an offense under AS 11.56.730 or 11.56.757; 28 (2) a class C felony unless that felony is 29 (A) a crime involving domestic violence, as defined in 30 AS 18.66.990; 31 (B) a crime against the person under AS 11.41;
01 (C) an offense under AS 11.56.730; 02 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has 03 been assessed as being low or moderate risk on the pretrial risk assessment. 04 (d) A pretrial services officer shall recommend release on personal 05 recognizance, upon execution of an unsecured appearance bond, or upon execution of 06 an unsecured performance bond, with nonmonetary conditions as appropriate, unless 07 the pretrial services officer finds 08 (1) by substantial evidence that no nonmonetary conditions of release 09 in combination with release on personal recognizance or upon execution of unsecured 10 bond can reasonably ensure public safety and appearance in court; and 11 (2) the defendant has been charged with 12 (A) an offense under AS 28.35.030 or 28.35.032, and the 13 offender has been assessed as high risk under a pretrial risk assessment; 14 (B) an offense under AS 11.56.730 or 11.56.757, and the 15 offender has been assessed as low to moderate risk under a pretrial risk 16 assessment; or 17 (C) any other offense, and the defendant has been assessed as 18 being low risk under a pretrial risk assessment. 19 (e) A pretrial services officer may supervise a defendant released while 20 awaiting trial, imposing the least restrictive level of supervision that will reasonably 21 ensure the appearance of the person in court and the safety of the victim, other 22 persons, and the community, and prioritizing higher levels of supervision for a 23 defendant accused of serious charges or assessed as moderate or high risk under a 24 pretrial risk assessment. The commissioner may, in accordance with AS 36.30, 25 procure and enter into agreements or contracts for the supervision of defendants on 26 electronic monitoring during the pretrial period. 27 (f) A pretrial services officer may 28 (1) recommend pretrial diversion to the court and parties before 29 adjudication in accordance with the guidelines established by the commissioner under 30 AS 33.07.020(6); 31 (2) arrest, without a warrant, a defendant who has been released while
01 awaiting trial if the officer has probable cause to believe the defendant has committed 02 an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's release 03 conditions; 04 (3) refer interested defendants for substance abuse screening, 05 assessment, and treatment on a voluntary basis; 06 (4) recommend that a defendant charged with an offense involving the 07 use of alcohol or controlled substances comply with a program established under 08 AS 47.38.020; and 09 (5) coordinate with community-based organizations and tribal courts 10 and councils to develop and expand pretrial diversion options. 11 Sec. 33.07.040. Pretrial services officers as officers of court. All pretrial 12 services officers shall be available to the superior and district courts and shall be 13 officers of the court. 14 Sec. 33.07.090. Definitions. In this chapter, 15 (1) "commissioner" means the commissioner of corrections; 16 (2) "program" means the pretrial services program. 17 * Sec. 118. AS 33.16.010(c) is amended to read: 18 (c) A prisoner who is not eligible for special medical, administrative, or 19 discretionary parole, or who is not released on special medical, administrative, or 20 discretionary parole, shall be released on mandatory parole for the term of good time 21 deductions credited under AS 33.20, if the term or terms of imprisonment are two 22 years or more. 23 * Sec. 119. AS 33.16.010(d) is amended to read: 24 (d) A prisoner released on special medical, administrative, discretionary, or 25 mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. 26 Parole may be revoked under AS 33.16.220. 27 * Sec. 120. AS 33.16.010 is amended by adding a new subsection to read: 28 (f) A prisoner eligible under AS 33.16.089 shall be released on administrative 29 parole by the board of parole. 30 * Sec. 121. AS 33.16.060(a) is amended to read: 31 (a) The board shall
01 (1) serve as the parole authority for the state; 02 (2) [UPON RECEIPT OF AN APPLICATION,] consider the suitability 03 for parole of a prisoner who is eligible for discretionary parole at least 90 days 04 before the prisoner's first date of eligibility and upon receipt of the prisoner's 05 application for special medical [OR DISCRETIONARY] parole; 06 (3) impose parole conditions on all prisoners released under special 07 medical, administrative, discretionary, or mandatory parole; 08 (4) under AS 33.16.210, discharge a person from parole when custody 09 is no longer required; 10 (5) maintain records of the meetings and proceedings of the board; 11 (6) recommend to the governor and the legislature changes in the law 12 administered by the board; 13 (7) recommend to the governor or the commissioner changes in the 14 practices of the department and of other departments of the executive branch 15 necessary to facilitate the purposes and practices of parole; 16 (8) upon request of the governor, review and recommend applicants for 17 executive clemency; and 18 (9) execute other responsibilities prescribed by law. 19 * Sec. 122. AS 33.16 is amended by adding a new section to read: 20 Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner 21 convicted of a misdemeanor or a class B or C felony that is not a sex offense as 22 defined in AS 12.63.100 who has not been previously convicted of a felony in this or 23 another jurisdiction and who has been sentenced to an active term of imprisonment of 24 at least 181 days shall be released on administrative parole by the board without a 25 hearing if 26 (1) the prisoner has served the greater of 27 (A) one-fourth of the active term of imprisonment imposed; 28 (B) the mandatory minimum term of imprisonment imposed; or 29 (C) a term of imprisonment imposed under AS 12.55.115; 30 (2) the prisoner is not excluded from eligibility for administrative 31 parole by court order;
01 (3) the prisoner has agreed to and signed the conditions of parole under 02 AS 33.16.150; 03 (4) the victim does not request a hearing to consider issues of public 04 safety under AS 33.16.120; and 05 (5) the prisoner has met the requirements of the case plan, including 06 completing programming in the case plan, under AS 33.30.011(8). 07 (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 08 does not meet the criteria for release on administrative parole under (a) of this section, 09 the board shall consider the prisoner for discretionary parole. 10 (c) If a victim makes a request at least 60 days before the prisoner's earliest 11 parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the 12 hearing not later than 30 days before the prisoner's earliest parole eligibility date. The 13 board may release or deny release of a prisoner on administrative parole after the 14 hearing. 15 (d) The board shall send notice to the victim at least 90 days before the 16 prisoner's earliest parole eligibility date and provide instructions on how to request a 17 hearing under AS 33.16.120. 18 * Sec. 123. AS 33.16.090(a) is amended to read: 19 (a) A prisoner sentenced to an active term of imprisonment of at least 181 days 20 and who has not been released on administrative parole as provided in 21 AS 33.16.089 may, in the discretion of the board, be released on discretionary parole 22 if the prisoner 23 (1) has served the amount of time specified under (b) of this section, 24 except that 25 (A) [(1)] a prisoner sentenced to one or more mandatory 99- 26 year terms under AS 12.55.125(a) or one or more definite terms under 27 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 28 (B) [(2)] a prisoner is not eligible for consideration of 29 discretionary parole if made ineligible by order of a court under AS 12.55.115; 30 (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not 31 eligible for discretionary parole unless the actual term of imprisonment is more
01 than one year; or 02 (2) is at least 55 years of age and has served at least 10 years of a 03 sentence for one or more crimes, notwithstanding a presumptive, mandatory, or 04 mandatory minimum term or sentence the prisoner may be serving or any 05 restriction on parole eligibility under AS 12.55. 06 * Sec. 124. AS 33.16.090(b) is amended to read: 07 (b) A prisoner eligible under (a)(1) [(a)] of this section who is sentenced 08 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 09 released on discretionary parole until the prisoner has served the mandatory minimum 10 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 11 imposed, or any term set under AS 12.55.115, whichever is greatest; 12 (2) to a single sentence within or below a presumptive range set out in 13 AS 12.55.125(i)(1) and (2) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], 14 and has not been allowed by the three-judge panel under AS 12.55.175 to be 15 considered for discretionary parole release, may not be released on discretionary 16 parole until the prisoner has served the term imposed, less good time earned under 17 AS 33.20.010; 18 (3) to a single sentence under AS 12.55.125(i) [AS 12.55.125(c), (d)(2) 19 - (4), (e)(3) AND (4), OR (i)], and has been allowed by the three-judge panel under 20 AS 12.55.175 to be considered for discretionary parole release during the second half 21 of the sentence, may not be released on discretionary parole until 22 (A) the prisoner has served that portion of the active term of 23 imprisonment required by the three-judge panel; and 24 (B) in addition to the factors set out in AS 33.16.100(a), the 25 board determines that 26 (i) the prisoner has successfully completed all 27 rehabilitation programs ordered by the three-judge panel that were 28 made available to the prisoner; and 29 (ii) the prisoner would not constitute a danger to the 30 public if released on parole; 31 (4) to a single enhanced sentence under AS 12.55.155(a) that is above
01 the applicable presumptive range may not be released on discretionary parole until the 02 prisoner has served the greater of the following: 03 (A) an amount of time, less good time earned under 04 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 05 of the amount of time above the presumptive range; or 06 (B) any term set under AS 12.55.115; 07 (5) to a single sentence under any other provision of law may not be 08 released on discretionary parole until the prisoner has served at least one-fourth of the 09 active term of imprisonment, any mandatory minimum sentence imposed under any 10 provision of law, or any term set under AS 12.55.115, whichever is greatest; 11 (6) to concurrent sentences may not be released on discretionary parole 12 until the prisoner has served the greatest of 13 (A) any mandatory minimum sentence or sentences imposed 14 under any provision of law; 15 (B) any term set under AS 12.55.115; or 16 (C) the amount of time that is required to be served under (1) - 17 (5) of this subsection for the sentence imposed for the primary crime, had that 18 been the only sentence imposed; 19 (7) to consecutive or partially consecutive sentences may not be 20 released on discretionary parole until the prisoner has served the greatest of 21 (A) the composite total of any mandatory minimum sentence or 22 sentences imposed under any provision of law, including AS 12.55.127; 23 (B) any term set under AS 12.55.115; or 24 (C) the amount of time that is required to be served under (1) - 25 (5) of this subsection for the sentence imposed for the primary crime, had that 26 been the only sentence imposed, plus one-quarter of the composite total of the 27 active term of imprisonment imposed as consecutive or partially consecutive 28 sentences imposed for all crimes other than the primary crime; 29 (8) to a single sentence under AS 12.55.125(i)(3) and (4), and has 30 not been allowed by the three-judge panel under AS 12.55.175 to be considered 31 for discretionary parole release, may not be released on discretionary parole until
01 the prisoner has served, after a deduction for good time earned under 02 AS 33.20.010, one-half of the active term of imprisonment imposed. 03 * Sec. 125. AS 33.16.100(a) is amended to read: 04 (a) The board may authorize the release of a prisoner convicted of an 05 unclassified felony who is otherwise eligible under AS 12.55.115 and 06 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 07 exists that 08 (1) the prisoner will live and remain at liberty without violating any 09 laws or conditions imposed by the board; 10 (2) the prisoner's rehabilitation and reintegration into society will be 11 furthered by release on parole; 12 (3) the prisoner will not pose a threat of harm to the public if released 13 on parole; and 14 (4) release of the prisoner on parole would not diminish the seriousness 15 of the crime. 16 * Sec. 126. AS 33.16.100(b) is amended to read: 17 (b) If the board finds a change in circumstances in a prisoner's preparole 18 reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED 19 UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who 20 has been granted a parole release date, the board may rescind or revise the previously 21 granted parole release date. In reconsidering the release date, the procedures set out in 22 AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed. 23 * Sec. 127. AS 33.16.100 is amended by adding new subsections to read: 24 (f) The board shall authorize the release of a prisoner who has been convicted 25 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole 26 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created 27 under AS 33.30.011(8), has agreed to and signed the condition of parole under 28 AS 33.16.150, and has not been released on administrative parole under AS 33.16.089, 29 unless the board finds by clear and convincing evidence on the record that the prisoner 30 poses a threat of harm to the public if released on parole. If the board finds that the 31 incomplete case plan is not the fault of the prisoner or that the prisoner would not pose
01 a threat of harm to the public if released on parole, the board may waive the case plan 02 requirement. 03 (g) When considering a prisoner for release on discretionary parole under 04 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 05 prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior 06 in prison, participation in treatment, and plans for reentering the community, a 07 reasonable probability exists that 08 (1) the prisoner will live and remain at liberty without violating any 09 laws or conditions imposed by the board; 10 (2) the prisoner's rehabilitation and reintegration into society will be 11 furthered by release on parole; 12 (3) the prisoner will not pose a threat of harm to the public if released 13 on parole; and 14 (4) release of the prisoner on parole would not diminish the seriousness 15 of the crime. 16 * Sec. 128. AS 33.16.110(a) is amended to read: 17 (a) In determining whether a prisoner is suitable for discretionary parole, the 18 board shall consider the preparole reports including 19 (1) the presentence report made to the sentencing court; 20 (2) the recommendations made by the sentencing court, by the 21 prosecuting attorney, and by the defense attorney, and any statements made by the 22 victim or the prisoner at sentencing; 23 (3) the prisoner's institutional conduct history while incarcerated; 24 (4) recommendations made by the staff of the correctional facilities in 25 which the prisoner was incarcerated; 26 (5) reports of prior crimes, juvenile histories, and previous experiences 27 of the prisoner on parole or probation; 28 (6) physical, mental, and psychiatric examinations of the prisoner; 29 (7) information submitted by the prisoner, the sentencing court, the 30 victim of the crime, the prosecutor, or other persons having knowledge of the prisoner 31 or the crime;
01 (8) information concerning an unjustified disparity in the sentence 02 imposed on a prisoner in relation to other sentences imposed under similar 03 circumstances; 04 (9) the case plan created under AS 33.30.011(8) for the prisoner, 05 including a compliance report on the case plan; 06 (10) a reentry plan created under AS 33.30.011(9); and 07 (11) [AND (9)] other relevant information that may be reasonably 08 available. 09 * Sec. 129. AS 33.16.120(a) is amended to read: 10 (a) If the victim of a crime against a person or arson in the first degree requests 11 notice of a scheduled hearing to review or consider discretionary parole for a prisoner 12 convicted of that crime, the board shall send notice of the hearing to the victim at least 13 30 days before the hearing. The notice must be accompanied by a copy of the 14 prisoner's parole plan submitted to the board [APPLICATION FOR PAROLE 15 SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the parole plan 16 [APPLICATION] sent to the victim may not include the prisoner's confidential 17 health information, information protected under AS 33.16.170, proposed 18 residence, or [AND] employment addresses. 19 * Sec. 130. AS 33.16.120(f) is amended to read: 20 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 21 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the 22 victim before the prisoner's release date. Notification under this subsection must 23 include the expected date of the prisoner's release, the geographic area in which the 24 prisoner is required to reside, and other pertinent information concerning the prisoner's 25 conditions of parole that may affect the victim. 26 * Sec. 131. AS 33.16.120(g) is amended to read: 27 (g) A victim of a crime involving domestic violence or of a sexual assault 28 under AS 11.41.110 - 11.41.427 shall be informed by the board at least 30 days in 29 advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for 30 a prisoner. The board shall inform the victim of any decision to grant or deny 31 [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the
01 prisoner is to be released, the victim shall be notified of the expected date of the 02 release, the geographic area in which the prisoner will reside, and any other 03 information concerning conditions of parole that may affect the victim. The victim 04 shall also be informed of any changes in the conditions of parole that may affect the 05 victim. The board shall send the notice required to the last known address of the 06 victim. A person may not bring a civil action for damages for a failure to comply with 07 the provisions of this subsection. 08 * Sec. 132. AS 33.16.120 is amended by adding a new subsection to read: 09 (h) A victim who has a right to notice under (a) of this section may request a 10 hearing before a prisoner is released on administrative parole under AS 33.16.089. The 11 notice to the victim must include the procedure and time frame for requesting a 12 hearing. 13 * Sec. 133. AS 33.16.130 is repealed and reenacted to read: 14 Sec. 33.16.130. Parole procedures. (a) The parole board shall hold a hearing 15 before granting an eligible prisoner special medical or discretionary parole. The board 16 shall also hold a hearing if requested by a victim under procedures established for the 17 request for a prisoner eligible for administrative parole. A hearing shall be conducted 18 within the following time frames: 19 (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 20 days before the first parole eligibility date, unless the prisoner is eligible for 21 administrative parole; 22 (2) for all other prisoners, not less than 30 days after the board is 23 notified of the need for a hearing by the commissioner or the commissioner's designee. 24 (b) The commissioner or the commissioner's designee shall furnish to the 25 prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner 26 shall be permitted access to all records that the board will consider in making its 27 decision except those that are made confidential by law. The prisoner may also 28 respond in writing to all materials the board considers, be present at the hearing, and 29 present evidence to the board. 30 (c) If the board denies parole, the board shall state the reasons for the denial, 31 identify all of the factors considered relevant to the denial, and provide a written plan
01 for addressing all of the factors relevant to the denial. The board may schedule a 02 subsequent parole hearing at the time of the denial or at a later date as follows: 03 (1) for the first parole denial, within two years after the first parole 04 eligibility date; 05 (2) for the second and subsequent denials, within two years after the 06 most recent parole hearing. 07 (d) The board shall issue its decision in writing and provide a copy of the 08 decision to the prisoner. 09 * Sec. 134. AS 33.16.140 is amended to read: 10 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 11 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 12 custody ends, shall be furnished to each prisoner released on special medical, 13 administrative, discretionary, or mandatory parole. 14 * Sec. 135. AS 33.16.150(a) is amended to read: 15 (a) As a condition of parole, a prisoner released on special medical, 16 administrative, discretionary, or mandatory parole 17 (1) shall obey all state, federal, or local laws or ordinances, and any 18 court orders applicable to the parolee; 19 (2) shall make diligent efforts to maintain steady employment or meet 20 family obligations; 21 (3) shall, if involved in education, counseling, training, or treatment, 22 continue in the program unless granted permission from the parole officer assigned to 23 the parolee to discontinue the program; 24 (4) shall report 25 (A) upon release to the parole officer assigned to the parolee; 26 (B) at other times, and in the manner, prescribed by the board or 27 the parole officer assigned to the parolee; 28 (5) shall reside at a stated place and not change that residence without 29 notifying, and receiving permission from, the parole officer assigned to the parolee; 30 (6) shall remain within stated geographic limits unless written 31 permission to depart from the stated limits is granted the parolee;
01 (7) may not use, possess, handle, purchase, give, distribute, or 02 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 03 drug for which a prescription is required under state or federal law without a 04 prescription from a licensed medical professional to the parolee; 05 (8) may not possess or control a firearm; in this paragraph, "firearm" 06 has the meaning given in AS 11.81.900; 07 (9) may not enter into an agreement or other arrangement with a law 08 enforcement agency or officer that will place the parolee in the position of violating a 09 law or parole condition without the prior approval of the board; 10 (10) may not contact or correspond with anyone confined in a 11 correctional facility of any type serving any term of imprisonment or a felon without 12 the permission of the parole officer assigned to a parolee; 13 (11) shall agree to waive extradition from any state or territory of the 14 United States and to not contest efforts to return the parolee to the state; 15 (12) shall provide a blood sample, an oral sample, or both, when 16 requested by a health care professional acting on behalf of the state to provide the 17 sample or samples, or an oral sample when requested by a juvenile or adult 18 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 19 released after a conviction of an offense requiring the state to collect the sample or 20 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 21 (13) from a conviction for a sex offense shall submit to regular periodic 22 polygraph examinations; in this paragraph, "sex offense" has the meaning given in 23 AS 12.63.100. 24 * Sec. 136. AS 33.16.150(b) is amended to read: 25 (b) The board may require as a condition of special medical, administrative, 26 discretionary, or mandatory parole, or a member of the board acting for the board 27 under (e) of this section may require as a condition of administrative or mandatory 28 parole, that a prisoner released on parole 29 (1) not possess or control a defensive weapon, a deadly weapon other 30 than an ordinary pocket knife with a blade three inches or less in length, or 31 ammunition for a firearm, or reside in a residence where there is a firearm capable of
01 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 02 weapon," "defensive weapon," and "firearm" have the meanings given in 03 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 04 (2) refrain from possessing or consuming alcoholic beverages; 05 (3) submit to reasonable searches and seizures by a parole officer, or a 06 peace officer acting under the direction of a parole officer; 07 (4) submit to appropriate medical, mental health, or controlled 08 substance or alcohol examination, treatment, or counseling; 09 (5) submit to periodic examinations designed to detect the use of 10 alcohol or controlled substances; the periodic examinations may include testing under 11 the program established under AS 33.16.060(c); 12 (6) make restitution ordered by the court according to a schedule 13 established by the board; 14 (7) refrain from opening, maintaining, or using a checking account or 15 charge account; 16 (8) refrain from entering into a contract other than a prenuptial contract 17 or a marriage contract; 18 (9) refrain from operating a motor vehicle; 19 (10) refrain from entering an establishment where alcoholic beverages 20 are served, sold, or otherwise dispensed; 21 (11) refrain from participating in any other activity or conduct 22 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 23 current circumstances, or perceived risk to the community, or from associating with 24 any other person that the board determines is reasonably likely to diminish the 25 rehabilitative goals of parole, or that may endanger the public; in the case of special 26 medical parole, for a prisoner diagnosed with a communicable disease, comply with 27 conditions set by the board designed to prevent the transmission of the disease. 28 * Sec. 137. AS 33.16.150(e) is amended to read: 29 (e) The board may designate a member of the board to act on behalf of the 30 board in imposing conditions of administrative or mandatory parole under (a) and (b) 31 of this section, in delegating imposition of conditions of administrative or mandatory
01 parole under (c) of this section, and in setting the period of compliance with the 02 conditions of administrative or mandatory parole under (d) of this section. The 03 decision of a member of the board under this section is the decision of the board. A 04 prisoner or parolee aggrieved by a decision of a member of the board acting for the 05 board under this subsection may apply to the board under AS 33.16.160 for a change 06 in the conditions of administrative or mandatory parole. 07 * Sec. 138. AS 33.16.150(f) is amended to read: 08 (f) In addition to other conditions of parole imposed under this section, the 09 board may impose as a condition of special medical, administrative, discretionary, or 10 mandatory parole for a prisoner serving a term for a crime involving domestic 11 violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a 12 requirement that, at the prisoner's expense, the prisoner participate in and complete, to 13 the satisfaction of the board, a program for the rehabilitation of perpetrators of 14 domestic violence that meets the standards set by, and that is approved by, the 15 department under AS 44.28.020(b); and (3) any other condition necessary to 16 rehabilitate the prisoner. The board shall establish procedures for the exchange of 17 information concerning the parolee with the victim and for responding to reports of 18 nonattendance or noncompliance by the parolee with conditions imposed under this 19 subsection. The board may not under this subsection require a prisoner to participate 20 in and complete a program for the rehabilitation of perpetrators of domestic violence 21 unless the program meets the standards set by, and is approved by, the department 22 under AS 44.28.020(b). 23 * Sec. 139. AS 33.16.150(g) is amended to read: 24 (g) In addition to other conditions of parole imposed under this section for a 25 prisoner serving a sentence for an offense where the aggravating factor provided in 26 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 27 condition of special medical, administrative, discretionary, and mandatory parole a 28 requirement that the prisoner submit to electronic monitoring. Electronic monitoring 29 under this subsection must provide for monitoring of the prisoner's location and 30 movements by Global Positioning System technology. The board shall require a 31 prisoner serving a period of parole [PROBATION] with electronic monitoring as
01 provided under this subsection to pay all or a portion of the costs of the electronic 02 monitoring, but only if the prisoner has sufficient financial resources to pay the costs 03 or a portion of the costs. A prisoner subject to electronic monitoring under this 04 subsection is not entitled to a credit for time served in a correctional facility while the 05 defendant is on parole. In this subsection, "correctional facility" has the meaning given 06 in AS 33.30.901. 07 * Sec. 140. AS 33.16.150 is amended by adding a new subsection to read: 08 (h) In addition to other conditions of parole imposed under this section, for a 09 prisoner serving a sentence for an offense involving the use of alcohol or controlled 10 substances, the board may impose, as a condition of special medical, administrative, 11 discretionary, or mandatory parole, a requirement that the prisoner comply with a 12 program established under AS 33.16.060(c) or AS 47.38.020. The board may require a 13 prisoner serving a period of parole and complying with a program established under 14 AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with 15 the program. 16 * Sec. 141. AS 33.16.180 is amended to read: 17 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 18 (1) conduct investigations of prisoners eligible for administrative or 19 discretionary parole, as requested by the board and as provided in this section; 20 (2) supervise the conduct of parolees; 21 (3) appoint and assign parole officers and personnel; 22 (4) provide the board, within 30 days after sentencing, information on a 23 sentenced prisoner who may be eligible for administrative parole under 24 AS 33.16.089 or discretionary parole under AS 33.16.090; 25 (5) notify the board and provide information on a prisoner 120 days 26 before the prisoner's mandatory release date, if the prisoner is to be released on [TO] 27 mandatory parole; [AND] 28 (6) maintain records, files, and accounts as requested by the board; 29 (7) prepare preparole reports under AS 33.16.110(a); 30 (8) notify the board in writing of a prisoner's compliance or 31 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not
01 less than 30 days before the prisoner's next parole eligibility date or the 02 prisoner's parole hearing date, whichever is earlier; 03 (9) establish an administrative sanction and incentive program to 04 facilitate a swift and certain response to a parolee's compliance with or violation 05 of the conditions of parole and shall adopt regulations to implement the program; 06 at a minimum, the regulations must include 07 (A) a decision-making process to guide parole officers in 08 determining the suitable response to positive and negative offender 09 behavior that includes a list of sanctions for the most common types of 10 negative behavior, including technical violations of conditions of parole, 11 and a list of incentives for compliance with conditions and positive 12 behavior that exceeds those conditions; 13 (B) policies and procedures that ensure 14 (i) a process for responding to negative behavior that 15 includes a review of previous violations and sanctions; 16 (ii) that enhanced sanctions for certain negative 17 conduct are approved by the commissioner or the commissioner's 18 designee; and 19 (iii) that appropriate due process protections are 20 included in the process, including notice of negative behavior, an 21 opportunity to dispute the accusation and the sanction, and an 22 opportunity to request a review of the accusation and the sanction; 23 and 24 (10) within 30 days after sentencing of an offender, provide the 25 victim of a crime information on the earliest dates the offender could be released 26 on furlough, probation, or parole, including deductions or reductions for good 27 time or other good conduct incentives and the process for release, including 28 contact information for the decision-making bodies. 29 * Sec. 142. AS 33.16.200 is amended to read: 30 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 31 board retains custody of special medical, administrative, discretionary, and
01 mandatory parolees until the expiration of the maximum term or terms of 02 imprisonment to which the parolee is sentenced. 03 * Sec. 143. AS 33.16.210 is amended to read: 04 Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally 05 discharge a parolee from the jurisdiction and custody of the board after the parolee has 06 completed one year [TWO YEARS] of parole. A discretionary parolee with a residual 07 period of probation may, after one year [TWO YEARS] of parole, be discharged by 08 the board to immediately begin serving the residual period of probation. 09 (b) Notwithstanding (a) of this section, the board may unconditionally 10 discharge a mandatory parolee before the parolee has completed one year [TWO 11 YEARS] of parole if the parolee is serving a concurrent period of residual probation 12 under AS 33.20.040(c), and the period of residual probation and the period of 13 suspended imprisonment each equal or exceed the period of mandatory parole. 14 * Sec. 144. AS 33.16.210 is amended by adding a new subsection to read: 15 (c) A parole officer shall recommend to the board early discharge for all 16 parolees who 17 (1) have completed at least one year on parole; 18 (2) have completed all treatment programs required as a condition of 19 parole; 20 (3) have not been found in violation of conditions of parole by the 21 board for at least one year; and 22 (4) have not been convicted of 23 (A) an unclassified felony offense under AS 11; 24 (B) a sexual felony as defined by AS 12.55.185; 25 (C) a crime involving domestic violence as defined by 26 AS 18.66.990; or 27 (D) a misdemeanor. 28 * Sec. 145. AS 33.16 is amended by adding a new section to read: 29 Sec. 33.16.215. Sanctions for technical violations and other violations of 30 parole. (a) If a parolee is serving a period of parole for an offense, the board may find 31 that the parolee has committed a technical violation of parole. If the board finds that a
01 parolee has committed a technical violation of parole that does not include 02 absconding, the board may revoke parole and return the parolee to the custody of the 03 commissioner and then place the person back on parole after the appropriate period of 04 time below: 05 (1) three days for the first technical violation of parole filed with the 06 board; 07 (2) five days for the second technical violation of parole filed with the 08 board; 09 (3) 10 days for the third technical violation of parole filed with the 10 board; and 11 (4) up to the remainder of the sentence for a fourth or subsequent 12 technical violation of parole. 13 (b) If the board revokes a parolee's parole for absconding, the board may 14 impose a period of imprisonment not to exceed 30 days. 15 (c) The limits on length of imprisonment the board may impose under this 16 section if the board revokes a parolee's parole do not apply if the parolee is enrolled in 17 the program established under AS 33.16.060(c). 18 (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) 19 and does not comply with the board's order, the board may order the parolee to show 20 cause why the board should not revoke the parole for noncompletion of treatment. In a 21 parole revocation proceeding brought as a result of failure to complete treatment, it is 22 an affirmative defense that the parolee was unable to afford the cost of treatment or 23 secure a place in a free treatment program, despite having made continuing good faith 24 efforts. If the board finds that the parolee was unable to complete treatment despite 25 having made continuing good faith efforts, the parole may not be revoked solely 26 because of an inability to pay. If the board does not find that the noncompletion of 27 treatment was attributable to the parolee's inability to pay, the board may revoke 28 parole subject to the limits established in this section. 29 (e) In this section, 30 (1) "absconding" means failing to report within five working days after 31 release from custody under AS 33.20.030 or failing to report for a scheduled meeting
01 with a parole officer, as directed by the board or the parole officer, and failing to make 02 contact with the parole officer within 30 days following the missed meeting; 03 (2) "technical violation" means a violation of the conditions of parole 04 that does not constitute 05 (A) a new criminal offense; 06 (B) failing to complete sex offender treatment; or 07 (C) failing to complete an intervention program for batterers. 08 * Sec. 146. AS 33.16.220(b) is amended to read: 09 (b) If a parolee has been arrested for the commission of a new criminal 10 offense or for failing to complete a sex offender treatment program, except 11 [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a 12 preliminary hearing within 15 working days after the arrest and incarceration of a 13 parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE 14 SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board 15 or its designee shall determine if there is probable cause to believe that the parolee 16 violated the conditions of parole and, when probable cause exists, whether the parolee 17 should be released pending a final revocation hearing. A finding of probable cause at a 18 preliminary hearing in a criminal case is conclusive proof of probable cause that a 19 parole violation occurred. 20 * Sec. 147. AS 33.16.220(f) is amended to read: 21 (f) If a parolee has had a preliminary hearing under (b) of this section, the 22 [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a 23 parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this 24 section. 25 * Sec. 148. AS 33.16.220(i) is amended to read: 26 (i) If, after the final revocation hearing, the board finds that the parolee has 27 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 28 ordinance, the board may revoke all or a portion of the remaining period of parole 29 subject to the limits set out in AS 33.16.215, or change any condition of parole. A 30 parolee's period of parole is tolled from the date of filing with the parole board of 31 a violation report for absconding and the date of the parolee's arrest, if the
01 parole board finds after a hearing that the parolee violated parole by absconding, 02 as defined in AS 12.55.110(g). The board may not extend the period of parole 03 beyond the maximum release date calculated by the department on the parolee's 04 original sentence plus any time that has been tolled as described in this section. 05 * Sec. 149. AS 33.16.220 is amended by adding a new subsection to read: 06 (j) If a parolee has been arrested for a technical violation of conditions of 07 parole, the board or its designee shall hold a final hearing within 15 working days. 08 * Sec. 150. AS 33.16.240 is amended by adding new subsections to read: 09 (h) A parolee arrested under this section for a technical violation shall be 10 released once the parolee has served the maximum number of days that could be 11 served for a technical violation under AS 33.16.215. Nothing in this subsection 12 prohibits the board or its designee from releasing a parolee sooner. 13 (i) The board or its designee may impose additional conditions necessary to 14 ensure the parolee's appearance at a hearing held under AS 33.16.220(h). 15 * Sec. 151. AS 33.16 is amended by adding a new section to read: 16 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 17 by regulation a program allowing parolees to earn credits for complying with the 18 conditions of parole. The earned compliance credits reduce the period of parole. 19 Nothing in this section prohibits the department from recommending to the board the 20 early discharge of the parolee as provided in AS 33.16. At a minimum, the regulations 21 must 22 (1) require that a parolee earn a credit of 30 days for each 30-day 23 period served in which the parolee complied with the conditions of parole; 24 (2) include policies and procedures for 25 (A) calculating and tracking credits earned by parolees; 26 (B) reducing the parolee's period of parole based on credits 27 earned by the parolee; and notifying a victim under AS 33.30.013. 28 * Sec. 152. AS 33.16.900 is amended by adding new paragraphs to read: 29 (14) "administrative parole" means the release of a prisoner who is 30 eligible for administrative parole under AS 33.16.089 and who has satisfied the 31 criteria for release, subject to conditions imposed by the board and subject to its
01 custody and jurisdiction; 02 (15) "administrative sanctions and incentives" means responses by a 03 parole officer to a parolee's compliance with or violation of the conditions of parole 04 under AS 33.16.180. 05 * Sec. 153. AS 33.20.010(a) is amended to read: 06 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 07 convicted of an offense against the state or a political subdivision of the state and 08 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 09 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 10 follows the rules of the correctional facility in which the prisoner is confined. A 11 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 12 (1) to a mandatory 99-year term of imprisonment under 13 AS 12.55.125(a) after June 27, 1996; 14 (2) to a definite term under AS 12.55.125(l); [OR] 15 (3) for a sexual felony under AS 12.55.125(i) 16 (A) and has one or more prior sexual felony convictions as 17 determined under AS 12.55.145(a)(4); or 18 (B) that is an unclassified or a class A felony; or 19 (4) to a definite term of imprisonment of not more than 10 days for 20 a technical violation of AS 12.55.110(c) or AS 33.16.215. 21 * Sec. 154. AS 33.20.010(c) is amended to read: 22 (c) A prisoner may not be awarded a good time deduction under (a) of this 23 section for any time [PERIOD] spent [IN A TREATMENT PROGRAM,] in a private 24 residence unless, during that time, the prisoner was [, OR WHILE] under electronic 25 monitoring. 26 * Sec. 155. AS 33.20.010 is amended by adding new subsections to read: 27 (d) A prisoner may be awarded a good time deduction under (a) of this section 28 for any time spent in a treatment program. 29 (e) Notwithstanding (a) and (c) of this section, the commissioner of corrections 30 shall award to a prisoner convicted of a sexual offense that is ineligible for a deduction 31 under (a)(3)(A) or (B) of this section and sentenced to a term of imprisonment that
01 exceeds three days a deduction of one-third of the term of imprisonment rounded off 02 to the nearest day for periods during which the prisoner follows the rules of the 03 correctional facility in which the prisoner is confined. The commissioner may not 04 award the deduction under this subsection until the prisoner completes the treatment 05 requirements in the prisoner's case plan and receives a positive recommendation from 06 the supervisor of the prisoner's treatment program. 07 * Sec. 156. AS 33.30.011 is amended to read: 08 Sec. 33.30.011. Duties of commissioner. The commissioner shall 09 (1) establish, maintain, operate, and control correctional facilities 10 suitable for the custody, care, and discipline of persons charged or convicted of 11 offenses against the state or held under authority of state law; each correctional facility 12 operated by the state shall be established, maintained, operated, and controlled in a 13 manner that is consistent with AS 33.30.015; 14 (2) classify prisoners; 15 (3) for persons committed to the custody of the commissioner, establish 16 programs, including furlough programs that are reasonably calculated to 17 (A) protect the public and the victims of crimes committed by 18 prisoners; 19 (B) maintain health; 20 (C) create or improve occupational skills; 21 (D) enhance educational qualifications; 22 (E) support court-ordered restitution; and 23 (F) otherwise provide for the rehabilitation and reformation of 24 prisoners, facilitating their reintegration into society; 25 (4) provide necessary 26 (A) medical services for prisoners in correctional facilities or 27 who are committed by a court to the custody of the commissioner, including 28 examinations for communicable and infectious diseases; 29 (B) psychological or psychiatric treatment if a physician or 30 other health care provider, exercising ordinary skill and care at the time of 31 observation, concludes that
01 (i) a prisoner exhibits symptoms of a serious disease or 02 injury that is curable or may be substantially alleviated; and 03 (ii) the potential for harm to the prisoner by reason of 04 delay or denial of care is substantial; and 05 (C) assessment or screening of the risks and needs of offenders 06 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 07 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 08 disorder; 09 (5) establish minimum standards for sex offender treatment programs 10 offered to persons who are committed to the custody of the commissioner; 11 (6) provide for fingerprinting in correctional facilities in accordance 12 with AS 12.80.060; [AND] 13 (7) establish a program to conduct assessments of the risks and needs of 14 offenders sentenced to serve a term of incarceration of 30 days or more and provide to 15 the legislature, by electronic means, by January 15, 2017, and thereafter by 16 January 15, preceding the first regular session of each legislature, a report 17 summarizing the findings and results of the program; the program must include a 18 requirement for an assessment before a prisoner's release on parole, furlough, or 19 electronic monitoring from a correctional facility; 20 (8) establish a procedure that provides for each prisoner required 21 to serve an active term of imprisonment of 30 days or more a written case plan 22 that 23 (A) is provided to the prisoner within 90 days after 24 sentencing; 25 (B) is based on the results of the assessment of the prisoner's 26 risks and needs under (7) of this section; 27 (C) includes a requirement to follow the rules of the 28 institution; 29 (D) is modified when necessary for changes in classification, 30 housing status, medical or mental health, and resource availability; 31 (E) includes participation in programming that addresses
01 the needs identified in the assessment; 02 (9) establish a program to begin reentry planning with each 03 prisoner serving an active term of imprisonment of 90 days or more; reentry 04 planning must begin at least 90 days before release on furlough or probation or 05 parole; the reentry program must include 06 (A) a written reentry plan for each prisoner completed upon 07 release on furlough or probation or parole that includes information on 08 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; 17 (C) coordination with the Department of Labor and 18 Workforce Development to provide access, after release, to job training 19 and employment assistance; 20 (10) establish minimum standards for electronic monitoring for 21 offenders and procedures for approving electronic monitoring programs 22 provided by private contractors; and 23 (11) assist a prisoner in obtaining a valid state identification card 24 or driver's license if the prisoner does not have a valid state identification card or 25 driver's license before the prisoner's release; the department shall pay the 26 application fee for the identification card or driver's license. 27 * Sec. 157. AS 33.30.013(a) is amended to read: 28 (a) The commissioner shall notify the victim if the offender 29 (1) escapes from custody; 30 (2) is discharged from parole under AS 33.16; or 31 (3) is released to the community on a furlough, on an early release
01 program, or for any other reason. 02 * Sec. 158. AS 33.30 is amended by adding a new section to read: 03 Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The 04 commissioner shall establish a program to prepare a prisoner who is serving a sentence 05 of imprisonment exceeding one year for the prisoner's discharge, release on parole or 06 probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the 07 date of the prisoner's discharge, release, or furlough. 08 (b) The program established under (a) of this section must include 09 (1) instruction on 10 (A) obtaining state identification; 11 (B) community resources available for housing, employment, 12 and treatment; 13 (2) an individualized reentry plan under AS 30.30.011(9) for the 14 prisoner; 15 (3) probation and parole orientation, if appropriate; and 16 (4) a partnership with one or more nonprofit organizations to allow 17 access to a prisoner before the prisoner's discharge, release, or furlough to assist the 18 prisoner with the prisoner's application for Medicaid, Social Security benefits, public 19 assistance under AS 47.25, and a state identification card or driver's license and 20 provide other programs to assist the prisoner's transition into the community, promote 21 rehabilitation, and reduce recidivism. 22 * Sec. 159. AS 33.30.151 is amended to read: 23 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 24 establish correctional restitution centers in the state. The purpose of the centers is to 25 provide certain offenders with rehabilitation through comprehensive treatment for 26 substance abuse, cognitive behavioral disorders, and other criminal risk factors, 27 including aftercare support, community service, and employment, while protecting 28 the community through partial incarceration of the offender, and to create a means to 29 provide restitution to victims of crimes. 30 (b) The commissioner shall adopt regulations setting standards for the 31 operation of the centers including
01 (1) requirements that the centers be secure and in compliance with state 02 and local safety laws; 03 (2) standards for disciplinary rules to be imposed on prisoners confined 04 to the centers; 05 (3) standards for the granting of emergency absence to prisoners 06 confined to the centers; 07 (4) standards for classifying prisoners to centers; 08 (5) standards for mandatory employment and participation in 09 community service programs in each center; [AND] 10 (6) standards for periodic review of the performance of prisoners 11 confined to the centers and quality assurance measures to ensure centers are 12 meeting state standards and contractual obligations; 13 (7) standards for the provision of treatment, including substance 14 abuse treatment, cognitive behavioral therapy, and aftercare designed to address 15 an offender's individual criminogenic needs; and 16 (8) standards and a process to assess an offender's risk of 17 recidivating and the criminal risk factors and needs that reduce the risk of 18 recidivating and ensure that 19 (A) high risk offenders with moderate to high needs are a 20 priority for acceptance into a correctional restitution center; and 21 (B) centers establish internal procedures to limit the mixing 22 of low and high risk prisoners. 23 * Sec. 160. AS 34.03.360(7) is amended to read: 24 (7) "illegal activity involving a controlled substance" means a violation 25 of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1) 26 OR (2)], or 11.71.040(a)(1), (2), or (5); 27 * Sec. 161. AS 39.30.400(b) is amended to read: 28 (b) Upon application of an eligible person, the administrator shall reimburse to 29 the eligible person the costs for medical care expenses as defined in 26 U.S.C. 213(d). 30 Reimbursement is limited to the medical expenses of 31 (1) an eligible member, the spouse of an eligible member, and the
01 dependent children of an eligible member; [OR] 02 (2) a surviving spouse and the dependent children of an eligible 03 member dependent on the surviving spouse; or 04 (3) an eligible member's dependent children if the member dies and 05 there is no surviving spouse. 06 * Sec. 162. AS 39.35.535(a) is amended to read: 07 (a) Except as provided in (d) of this section, the following persons are entitled 08 to major medical insurance coverage under this section: 09 (1) for employees first hired before July 1, 1986, 10 (A) an employee who is receiving a monthly benefit from the 11 plan and who has elected coverage; 12 (B) the spouse and dependent children of the employee 13 described in (A) of this paragraph; 14 (C) the surviving spouse of a deceased employee who is 15 receiving a monthly benefit from the plan and who has elected coverage; 16 (D) the dependent children of a deceased employee for whom 17 coverage has been elected [WHO ARE DEPENDENT ON THE 18 SURVIVING SPOUSE DESCRIBED IN (C) OF THIS PARAGRAPH]; 19 (2) for members first hired on or after July 1, 1986, 20 (A) an employee who is receiving a monthly benefit from the 21 plan and who has elected coverage for the employee; 22 (B) the spouse of the employee described in (A) of this 23 paragraph if the employee elected coverage for the spouse; 24 (C) the dependent children of the employee described in (A) of 25 this paragraph if the employee elected coverage for the dependent children; 26 (D) the surviving spouse of a deceased employee who is 27 receiving a monthly benefit from the plan and who has elected coverage; 28 (E) the dependent children of a deceased employee for whom 29 coverage has been elected; 30 (3) for deceased members who were peace officers or firefighters, 31 (A) the dependent children of the deceased member who are
01 eligible to receive a pension benefit under AS 39.35.430 and for whom 02 coverage has been elected; 03 (B) the surviving spouse of the deceased member who [ARE 04 DEPENDENT ON THE SURVIVING SPOUSE DESCRIBED IN (D) OF 05 THIS PARAGRAPH IF THE SURVIVING SPOUSE] has elected coverage 06 and is eligible to receive a pension benefit under AS 39.35.430 [FOR THE 07 DEPENDENT CHILDREN]. 08 * Sec. 163. AS 39.35.535(c) is amended to read: 09 (c) A benefit recipient may elect major medical insurance coverage in 10 accordance with regulations and under the following conditions: 11 (1) a person, other than a disabled member or a disabled member who 12 is appointed to normal retirement, must pay an amount equal to the full monthly group 13 premium for retiree major medical insurance coverage if the person is 14 (A) younger than 60 years of age and has less than 15 (i) 25 years of credited service as a peace officer under 16 AS 39.35.360 and 39.35.370; or 17 (ii) 30 years of credited service under AS 39.35.360 and 18 39.35.370 that is not service as a peace officer; or 19 (B) of any age and has less than 10 years of credited service; 20 (2) a person is not required to make premium payments for retiree 21 major medical coverage if the person 22 (A) is a disabled member; 23 (B) is a disabled member who is appointed to normal 24 retirement; 25 (C) is 60 years of age or older and has at least 10 years of 26 credited service; [OR] 27 (D) has at least 28 (i) 25 years of credited service as a peace officer under 29 AS 39.35.360 and 39.35.370; or 30 (ii) 30 years of credited service under AS 39.35.360 and 31 39.35.370 not as a peace officer; or
01 (E) is receiving a benefit under (a)(3) of this section. 02 * Sec. 164. AS 39.35.870(c) is repealed and reenacted to read: 03 (c) The following persons are eligible to elect medical benefits under 04 AS 39.35.880: 05 (1) a member who is eligible for retirement under (a) of this section; 06 (2) a member's surviving spouse if the member had retired or was 07 eligible for retirement and medical benefits at the time of the member's death; 08 (3) a deceased member's surviving spouse, if the deceased member was 09 a peace officer or firefighter and the deceased member's surviving spouse is eligible to 10 receive a benefit under AS 39.35.892; and 11 (4) a deceased member's dependent children if the deceased member 12 was a peace officer or firefighter and the deceased member's surviving spouse or 13 dependent children are eligible to receive a benefit under AS 39.35.892. 14 * Sec. 165. AS 39.35.870(d) is amended to read: 15 (d) A person [MEMBERS] shall apply for retirement and medical benefits on 16 the forms and in the manner prescribed by the administrator. 17 * Sec. 166. AS 39.35.870(g) is repealed and reenacted to read: 18 (g) If an eligible person elects not to participate in the retiree major medical 19 insurance plan, the election becomes irrevocable upon application for retirement and 20 medical benefits or when the person reaches 70 1/2 years of age, whichever is later. 21 * Sec. 167. AS 39.35.870 is amended by adding a new subsection to read: 22 (h) Notwithstanding cessation of benefits under AS 39.35.892(b), medical 23 benefits for a survivor under (c)(3) and (4) of this section shall be paid until the last 24 day of the month in which there is no surviving spouse and no dependent child. 25 * Sec. 168. AS 39.35.880(b) is repealed and reenacted to read: 26 (b) Retiree major medical insurance plan coverage elected by a person who is 27 eligible under AS 39.35.870(c) covers 28 (1) the member, the spouse of the eligible member, and the dependent 29 children of the eligible member if the member is the elector; 30 (2) the surviving spouse and the dependent children of the eligible 31 member who are dependent on the surviving spouse if the surviving spouse is the
01 elector; 02 (3) the dependent child if the dependent child, or a person authorized to 03 act on behalf of the dependent child, is the elector. 04 * Sec. 169. AS 39.35.880(d) is amended to read: 05 (d) Major medical insurance coverage takes effect on the first day of the month 06 following the date of the administrator's approval of the election and stops when the 07 person who elects coverage is no longer eligible to receive coverage [DIES] or fails 08 to make a required premium payment. 09 * Sec. 170. AS 39.35.880(g) is amended to read: 10 (g) The cost of premiums for retiree major medical insurance coverage for an 11 eligible person [MEMBER OR SURVIVING SPOUSE] who is 12 (1) not eligible for Medicare is an amount equal to the full monthly 13 group premiums for retiree major medical insurance coverage; 14 (2) eligible for Medicare is the following percentage of the premium 15 amounts established for retirees who are eligible for Medicare: 16 (A) 30 percent if the member had 10 or more, but less than 15, 17 years of service; 18 (B) 25 percent if the member had 15 or more, but less than 20, 19 years of service; 20 (C) 20 percent if the member had 20 or more, but less than 25, 21 years of service; 22 (D) 15 percent if the member had 25 or more, but less than 30, 23 years of service; 24 (E) 10 percent if the member had 30 or more years of service. 25 * Sec. 171. AS 39.35.880 is amended by adding a new subsection to read: 26 (l) Notwithstanding (g) of this section, a person who is eligible for major 27 medical insurance coverage under AS 39.35.870(c)(3) or (4) is not required to pay 28 premiums under (g)(1) of this section. 29 * Sec. 172. AS 39.35.894 is amended to read: 30 Sec. 39.35.894. Premiums for retiree major medical insurance coverage 31 upon termination of disability benefits or survivor's pension. The premium for
01 retiree major medical insurance coverage payable by an employee whose disability 02 benefit is terminated under AS 39.35.890(g) or by an eligible survivor whose survivor 03 pension is terminated under AS 39.35.890(k) [OR 39.35.892(e)] when the employee 04 would have been eligible for normal retirement if the employee had survived shall be 05 determined under AS 39.35.880(g)(2) as if the employee or survivor were eligible for 06 Medicare. 07 * Sec. 173. AS 43.23.065(b) is amended to read: 08 (b) An exemption is not available under this section for permanent fund 09 dividends taken to satisfy 10 (1) child support obligations required by court order or decision of the 11 child support services agency under AS 25.27.140 - 25.27.220; 12 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 13 12.55.100, or AS 47.12.120(b)(4); 14 (3) claims on defaulted education loans under AS 43.23.067; 15 (4) court ordered fines; 16 (5) writs of execution under AS 09.35 of a judgment that is entered 17 (A) against a minor in a civil action to recover damages and 18 court costs; 19 (B) under AS 09.65.255 against the parent, parents, or legal 20 guardian of an unemancipated minor; 21 (6) a debt owed by an eligible individual to an agency of the state, 22 including the University of Alaska, unless the debt is contested and an appeal is 23 pending, or the time limit for filing an appeal has not expired; 24 (7) a debt owed to a person for a program for the rehabilitation of 25 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 26 AS 25.20.061(3), or AS 33.16.150(f)(2); 27 (8) a judgment for unpaid rent or damage owed to a landlord by an 28 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 29 meaning given in AS 34.03.360; 30 (9) court-ordered forfeiture of an appearance or performance bond 31 under AS 12.30.075.
01 * Sec. 174. AS 43.61.010 is amended by adding new subsections to read: 02 (c) The recidivism reduction fund is established in the general fund. The 03 Department of Administration shall separately account for 50 percent of the tax 04 collected under this section and deposit it into the recidivism reduction fund. 05 (d) The legislature may use the annual estimated balance in the fund to make 06 appropriations to the Department of Corrections, the Department of Health and Social 07 Services, or the Department of Public Safety for recidivism reduction programs. 08 (e) Nothing in this section creates a dedicated fund. 09 * Sec. 175. AS 44.19.645 is amended to read: 10 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 11 shall evaluate the effect of sentencing laws and criminal justice practices on the 12 criminal justice system to evaluate whether those sentencing laws and criminal justice 13 practices provide for protection of the public, community condemnation of the 14 offender, the rights of victims of crimes, the rights of the accused and the person 15 convicted, restitution from the offender, and the principle of reformation. The 16 commission shall make recommendations for improving criminal sentencing practices 17 and criminal justice practices, including rehabilitation and restitution. The 18 commission shall annually make recommendations to the governor and the 19 legislature on how savings from criminal justice reforms should be reinvested to 20 reduce recidivism. In formulating its recommendations, the commission shall 21 consider 22 (1) statutes, court rules, and court decisions relevant to sentencing of 23 criminal defendants in misdemeanor and felony cases; 24 (2) sentencing practices of the judiciary, including use of presumptive 25 sentences; 26 (3) means of promoting uniformity, proportionality, and accountability 27 in sentencing; 28 (4) alternatives to traditional forms of incarceration; 29 (5) the efficacy of parole and probation in ensuring public safety, 30 achieving rehabilitation, and reducing recidivism; 31 (6) the adequacy, availability, and effectiveness of treatment and
01 rehabilitation programs; 02 (7) crime and incarceration rates, including the rate of violent crime 03 and the abuse of controlled substances, in this state compared to other states, and best 04 practices adopted by other states that have proven to be successful in reducing 05 recidivism; 06 (8) the relationship between sentencing priorities and correctional 07 resources; 08 (9) the effectiveness of the state's current methodologies for the 09 collection and dissemination of criminal justice data; and 10 (10) whether the schedules for controlled substances in AS 11.71.140 - 11 11.71.190 are reasonable and appropriate, considering the criteria established in 12 AS 11.71.120(c). 13 (b) The commission may 14 (1) recommend legislative and administrative action on criminal justice 15 practices; [AND] 16 (2) select and retain the services of consultants as necessary; 17 (3) appoint a working group to review and analyze the 18 implementation of the recommendations made in the justice reinvestment report 19 in December 2015, and other recommendations issued by the commission, and 20 regularly report to the commission on the status of the implementation; a 21 working group may include representatives of criminal justice agencies and key 22 constituencies who are not members of the commission; and 23 (4) enter into data-sharing agreements with the Justice Center at 24 the University of Alaska, the Alaska Judicial Council, or other research 25 institutions for the purposes of analyzing data and performance metrics. 26 * Sec. 176. AS 44.19.645 is amended by adding new subsections to read: 27 (c) The commission shall 28 (1) receive and analyze data collected by agencies and entities charged 29 with implementing the recommendations of the 2015 justice reinvestment report and 30 other recommendations issued by the commission and who are collecting data during 31 the implementation and management of specific commission recommendations;
01 (2) track and assess outcomes from the recommendations the 02 commission has made and corresponding criminal justice reforms; 03 (3) request, receive, and review data and reports on performance 04 outcome data relating to criminal justice reform; 05 (4) appoint a working group to review and analyze sexual offense 06 statutes and report to the legislature if there are circumstances under which victims' 07 rights, public safety, and the rehabilitation of offenders are better served by changing 08 existing laws; the working group shall consult with the office of victims' rights in 09 developing the report; the commission shall deliver the report to the senate secretary 10 and the chief clerk of the house of representatives and notify the legislature that the 11 report is available; the commission may include in the working group people 12 representing a variety of viewpoints who are not members of the commission; and 13 (5) explore the possibility of entering into mutually agreeable 14 arrangements with regional nonprofit organizations, including tribes and tribal 15 organizations, to provide the pretrial, probation, and parole services needed in 16 underserved areas of the state. 17 (d) Agencies and entities reporting data to the working group authorized in 18 (b)(3) of this section under (e) - (g) of this section shall 19 (1) report data individually by case number, including an identifier 20 number such as the Alaska Public Safety Information Network number, the court case 21 number, the Alaska Corrections Offender Management System number, and the arrest 22 tracking number, as available; 23 (2) include demographic information necessary for tracking individuals 24 across multiple databases, including the individual's first name, last name, middle 25 initial as available, and date of birth; and 26 (3) include information necessary to measure possible disparate effects 27 of criminal justice laws and policies, such as race and gender as available. 28 (e) The judiciary shall report quarterly to the working group authorized in 29 (b)(3) of this section. The report shall include criminal case processing data, including 30 (1) the date, type, and number of all charges disposed within the 31 quarter;
01 (2) the disposition of each charge, whether convicted, dismissed, 02 acquitted, or otherwise disposed; and 03 (3) the date of the disposition for each charge. 04 (f) The Department of Public Safety shall report quarterly to the working group 05 authorized under (b)(3) of this section. The report shall include the following 06 information: 07 (1) data on citations and arrests for criminal offenses, including the 08 offense charged and reason for arrest if an arrest was made; 09 (2) data on all criminal convictions and sentences during the quarter; 10 and 11 (3) criminal history information for selected offenders as agreed on by 12 the department and the working group authorized in (b)(3) of this section. 13 (g) The Department of Corrections shall report quarterly to the working group 14 authorized in (b)(3) of this section. The report shall include the following information: 15 (1) data on pretrial decision making and outcomes, including 16 information on pretrial detainees admitted for a new criminal charge; detainees 17 released at any point before case resolution; time spent detained before first release or 18 case resolution; pretrial defendant risk level and charge; pretrial release 19 recommendations made by pretrial service officers; pretrial conditions imposed on 20 pretrial detainees by judicial officers, including amount of bail, and supervision 21 conditions; and information on pretrial outcomes, including whether or not the 22 defendant appeared in court or was re-arrested during the pretrial period; 23 (2) data on offenders admitted to the Department of Corrections for a 24 new criminal conviction, including the offense type, number of prior felony 25 convictions, sentence length, length of stay, and the number of offenders earning a 26 good time deduction under AS 33.20.010(d); 27 (3) data on the population of the Department of Corrections, using a 28 one-day snapshot on the first day of the first month of each quarter, broken down by 29 type of admission, offense type, and risk level; 30 (4) data on offenders on probation supervised by the Department of 31 Corrections, including the total number of offenders supervised using a one-day
01 snapshot on the first month of each quarter; admissions to probation; assignments to a 02 program under AS 33.05.020(f); probation sentence length; time served on the 03 sentence; whether probation was successfully completed, any new convictions for a 04 felony offense, and any sentences to a term of imprisonment while on probation; 05 (5) data on parole, including the number of offenders supervised on 06 parole, using a one-day snapshot on the first month of each quarter; the number of 07 parole hearings; the parole grant rate and number of parolees released on 08 administrative, discretionary, and special medical parole; and information on parolees, 09 including time spent on parole, whether parole was successfully completed, any new 10 convictions for a new felony offense, and any sentences to a term of imprisonment 11 while on parole; 12 (6) data on the implementation of policies from the 2015 justice 13 reinvestment report, including the number and percentage of offenders who earn 14 compliance credits under AS 33.05.020(g) in one or more months, and the total 15 amount of credits earned; the average number of sanctions issued under 16 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 17 common violations of probation or parole; and 18 (7) data on probation and parole revocations, including information on 19 probationers and parolees admitted for a supervision violation pre-case and post-case 20 resolution; probationers and parolees admitted solely for a technical violation; 21 probationers and parolees admitted for a new arrest; the number of previous 22 revocations on the current sentence, if any; the length of time held pre-case resolution; 23 the length of time to case resolution; and the length of stay. 24 * Sec. 177. AS 44.19.647 is amended to read: 25 Sec. 44.19.647. Annual report and recommendations. The commission shall 26 submit to the governor and the legislature an annual report. The report must include 27 (1) a description of its proceedings for the previous calendar year; 28 (2) a summary of savings and recommendations on how savings 29 from criminal justice reform should be reinvested to reduce recidivism; 30 (3) performance metrics and outcomes from the recommendations 31 the commission made in its December 2015 report, including recidivism rates,
01 defined as 02 (A) the percentage of inmates who return to prison within 03 three years after release, broken down by offense type and risk level; and 04 (B) the percentage of inmates who return to prison within 05 three years after release for a new criminal conviction, broken down by 06 offense type and risk level; and 07 (4) recommendations for additional reforms, which may include 08 [AND MAY SUBMIT] recommendations for legislative and administrative action. 09 [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION 10 SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR]. 11 * Sec. 178. AS 44.19.647 is amended by adding a new subsection to read: 12 (b) The commission shall submit the reports and recommendations provided 13 under (a) of this section not later than November 1 of each year. 14 * Sec. 179. AS 44.66.010(a)(12) is amended to read: 15 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30, 16 2021 [JUNE 30, 2017]; 17 * Sec. 180. AS 47.12.315(a) is amended to read: 18 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 19 section, the department shall disclose information to the public, on request, concerning 20 a minor subject to this chapter who was at least 13 years of age at the time of 21 commission of 22 (1) a felony offense against a person under AS 11.41; 23 (2) arson in the first or second degree; 24 (3) burglary in the first degree; 25 (4) distribution of child pornography; 26 (5) sex trafficking in the first degree; 27 (6) misconduct involving a controlled substance in the first or [,] 28 second [, OR THIRD] degrees involving distribution or possession with intent to 29 deliver; or 30 (7) misconduct involving weapons in the first through fourth degrees. 31 * Sec. 181. AS 47.27.015 is amended by adding a new subsection to read:
01 (i) A person convicted after August 22, 1996, of an offense that is classified as 02 a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has 03 as an element the possession, use, or distribution of a controlled substance, as defined 04 in AS 11.71.900, is disqualified from receiving temporary assistance under this 05 chapter or food stamps under AS 47.25 unless the person demonstrates, to the 06 satisfaction of the department, that the person 07 (1) is satisfactorily serving, or has successfully completed, a period of 08 probation or parole; 09 (2) is in the process of serving, or has successfully completed, 10 mandatory participation in a drug or alcohol treatment program; or 11 (3) has taken action toward rehabilitation, including participation in a 12 drug or alcohol treatment program. 13 * Sec. 182. AS 47.37.040 is amended to read: 14 Sec. 47.37.040. Duties of department. The department shall 15 (1) develop, encourage, and foster statewide, regional, and local plans 16 and programs for the prevention of alcoholism and drug abuse and treatment of 17 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 18 public and private agencies, organizations, and individuals, and provide technical 19 assistance and consultation services for these purposes; 20 (2) coordinate the efforts and enlist the assistance of all public and 21 private agencies, organizations, and individuals interested in prevention of alcoholism, 22 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 23 abusers, and inhalant abusers; 24 (3) cooperate with the Department of Corrections in establishing and 25 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 26 abusers, and inhalant abusers in or on parole from penal institutions; 27 (4) cooperate with the Department of Education and Early 28 Development, school boards, schools, police departments, courts, and other public and 29 private agencies, organizations, and individuals in establishing programs for the 30 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 31 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum
01 materials for use at all levels of school education; 02 (5) prepare, publish, evaluate, and disseminate educational material 03 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 04 volatile substances; 05 (6) develop and implement, as an integral part of treatment programs, 06 an educational program for use in the treatment of alcoholics, intoxicated persons, 07 drug abusers, and inhalant abusers that includes the dissemination of information 08 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 09 (7) organize and foster training programs for all persons engaged in 10 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 11 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 12 abuse workers; 13 (8) sponsor and encourage research into the causes and nature of 14 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 15 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 16 for information relating to alcoholism, drug abuse, and inhalant abuse; 17 (9) specify uniform methods for keeping statistical information by 18 public and private agencies, organizations, and individuals, and collect and make 19 available relevant statistical information, including number of persons treated, 20 frequency of admission and readmission, and frequency and duration of treatment; 21 (10) conduct program planning activities approved by the Advisory 22 Board on Alcoholism and Drug Abuse; 23 (11) review all state health, welfare, and treatment plans to be 24 submitted for federal funding, and advise the commissioner on provisions to be 25 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 26 abusers; 27 (12) assist in the development of, and cooperate with, alcohol, drug 28 abuse, and inhalant abuse education and treatment programs for employees of state 29 and local governments and businesses and industries in the state; 30 (13) use the support and assistance of interested persons in the 31 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to
01 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 02 treatment; 03 (14) cooperate with the Department of Public Safety and the 04 Department of Transportation and Public Facilities in establishing and conducting 05 programs designed to deal with the problem of persons operating motor vehicles while 06 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 07 develop and approve alcohol information courses required to be taken by drivers under 08 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 09 laws; 10 (15) encourage hospitals and other appropriate health facilities to admit 11 without discrimination alcoholics, intoxicated persons, drug abusers, and inhalant 12 abusers and to provide them with adequate and appropriate treatment; 13 (16) encourage all health insurance programs to include alcoholism and 14 drug abuse as a covered illness; 15 (17) prepare an annual report covering the activities of the department 16 and notify the legislature that the report is available; 17 (18) develop and implement a training program on alcoholism and drug 18 abuse for employees of state and municipal governments, and private institutions; 19 (19) develop curriculum materials on drug and alcohol abuse and the 20 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 21 well as a course of instruction for teachers to be charged with presenting the 22 curriculum; 23 (20) develop and implement or designate, in cooperation with other 24 state or local agencies, a juvenile alcohol safety action program that provides alcohol 25 and substance abuse screening, referral, and monitoring of persons under 18 years of 26 age who have been referred to it by 27 (A) a court in connection with a charge or conviction of a 28 violation or misdemeanor related to the use of alcohol or a controlled 29 substance; 30 (B) the agency responsible for the administration of motor 31 vehicle laws in connection with a license action related to the use of alcohol or
01 a controlled substance; or 02 (C) department staff after a delinquency adjudication that is 03 related to the use of alcohol or a controlled substance; 04 (21) develop and implement, or designate, in cooperation with other 05 state or local agencies, an alcohol safety action program that provides [ALCOHOL 06 AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING] 07 services to persons who have been referred by a court [IN CONNECTION WITH A 08 CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF 09 A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A 10 CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028, 11 28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility 12 for administering motor vehicle laws in connection with a driver's license action 13 involving the use of alcohol or a controlled substance; 14 (22) whenever possible, apply evidence-based, research-based, and 15 consensus-based substance abuse and co-occurring substance abuse and mental health 16 disorders treatment practices and remove barriers that prevent the use of those 17 practices; 18 (23) collaborate with first responders, hospitals, schools, primary care 19 providers, developmental disability treatment providers, law enforcement, corrections, 20 attorneys, the Alaska Court System, community behavioral treatment providers, 21 Alaska Native organizations, and federally funded programs in implementing 22 programs for co-occurring substance abuse and mental health disorders treatment. 23 * Sec. 183. AS 47.37.130(h) is amended to read: 24 (h) The department shall 25 (1) inspect, on a regular basis, approved public and private alcohol 26 safety action programs at reasonable times and in a reasonable manner; [AND] 27 (2) maintain a list of approved public and private alcohol safety action 28 programs; and 29 (3) develop regulations for the operation and management of 30 alcohol safety action programs that ensure 31 (A) screenings are conducted using a validated risk tool;
01 and 02 (B) monitoring of participants is appropriate to the risk of 03 reoffense of the participant as determined by the screening. 04 * Sec. 184. AS 47.37.130 is amended by adding a new subsection to read: 05 (k) The public and private alcohol safety action programs established under 06 AS 47.37.040(21) shall provide 07 (1) screening of eligible persons to determine the risk of the person to 08 reoffend and the criminal risk factors that are contributing to the risk; and 09 (2) monitoring of participants based on the risk to reoffend as 10 determined by the screening. 11 * Sec. 185. AS 47.38.020 is amended to read: 12 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 13 commissioner, in cooperation with the commissioner of corrections, shall establish a 14 program using a competitive procurement process for certain persons with release 15 conditions ordered as provided under AS 12.30, or offenders with conditions of 16 probation, that include not consuming controlled substances or alcoholic beverages. 17 (b) The commissioner shall adopt regulations to implement the program. The 18 regulations must include regulations regarding products and services that 19 provide alcohol and substance abuse monitoring. 20 (c) The commissioner shall include in the program 21 (1) a requirement for twice-a-day testing, either remotely or in person 22 [IF PRACTICABLE], for alcoholic beverage use and random testing for controlled 23 substances; 24 (2) a means to provide the probation officer, prosecutor's office, or 25 local law enforcement agency with notice within 24 hours, so that a complaint may be 26 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 27 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 28 or an arrest warrant may be issued for the person on release or offender with 29 conditions of probation provided in this subsection, if the person or offender 30 (A) fails to appear for an appointment or fails to complete a 31 test through the use of remote alcohol or substance abuse monitoring
01 technology as required by the program requirements; or 02 (B) tests positive for the use of controlled substances or 03 alcoholic beverages; and 04 (3) a requirement that the person or offender pay, based on the person's 05 or offender's ability under financial guidelines established by the commissioner, for 06 the cost of participating in the program. 07 (d) The department shall contract with one or more vendors using a 08 competitive procurement process in accordance with AS 36.30 to provide or 09 conduct the testing required under (c) of this section. 10 * Sec. 186. AS 47.38.100(a) is amended to read: 11 (a) The recidivism reduction program is established to promote the 12 rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons 13 on probation or parole or incarcerated for offenses and recently released from 14 correctional facilities. 15 * Sec. 187. AS 47.38.100(b) is amended to read: 16 (b) The commissioner, in cooperation with the Alaska Criminal Justice 17 Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS], 18 may provide for programs that have, as a primary focus, rehabilitation and reduction 19 of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation 20 or parole or incarcerated for offenses and recently released from correctional 21 facilities. The commissioner may enter into contracts to provide for programs under 22 this section. An eligible [A] program under this section must accomplish at least one 23 of the following objectives: 24 (1) increasing access to evidence-based rehabilitation programs, 25 including drug and alcohol treatment, mental health treatment, and cognitive 26 behavioral programs; or 27 (2) supporting offenders' transition and re-entry from correctional 28 facilities to the community, including transitional housing services, employment 29 services, vocational training, educational support, counseling, and medical care 30 [INCLUDE CASE MANAGEMENT; 31 (2) REQUIRE SOBER LIVING;
01 (3) PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR 02 SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT; 03 (4) REQUIRE EMPLOYMENT, EDUCATIONAL PROGRAMMING, 04 VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER WORK AS 05 APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM; AND 06 (5) LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO 07 A MAXIMUM OF ONE YEAR]. 08 * Sec. 188. AS 47.38.100 is amended by adding a new subsection to read: 09 (d) In this section, "evidenced-based" means a program or practice that offers a 10 high level of peer-reviewed data on effectiveness. 11 * Sec. 189. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal 14 Procedure, is amended by adding new subsections to read: 15 (d) Hearing Notice. The court shall provide a notice to a defendant of the date, 16 time, and place of a scheduled hearing at which the defendant is required to appear in 17 a form and manner established by the court. 18 (e) Hearing Reminder. In addition to the notice required under (d) of this rule, 19 the court shall provide a reminder notification to a defendant who is not in custody and 20 to the Department of Corrections at least 48 hours prior to a scheduled hearing at 21 which the defendant is required to appear regarding the date, time, and place of the 22 scheduled hearing and the potential consequences of failure to appear, in a form and 23 manner established by the court. 24 * Sec. 190. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal 27 Procedure, is amended by adding a new subsection to read: 28 (j) Misdemeanor and Felony Bail Schedules. No bail schedule shall be 29 established for misdemeanors or felonies. 30 * Sec. 191. The uncodified law of the State of Alaska is amended by adding a new section 31 to read:
01 REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal 02 Procedure, are repealed. 03 * Sec. 192. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.71.020, 11.71.040(a)(3), 04 11.71.050(a)(2); AS 12.30.016(d); AS 12.55.125(c)(2)(B), 12.55.125(d)(2)(B), 12.55.125(o), 05 12.55.135(j); AS 28.22.011(b); and AS 33.16.100(e) are repealed. 06 * Sec. 193. AS 39.35.880(c) is repealed. 07 * Sec. 194. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.011, as repealed and 10 reenacted by sec. 55 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal 11 Procedure, by changing and establishing release conditions for certain defendants, providing 12 for recommendations by pretrial services officers of release conditions based on a pretrial risk 13 assessment score, providing that a court shall order the release of a person under certain 14 circumstances upon execution of an appearance or performance bond, and providing new 15 procedures for use of appearance, surety, and performance bonds. 16 (b) AS 12.55.055(g), enacted by sec. 72 of this Act, has the effect of changing Rule 17 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the 18 judgment that community work hours that are not completed shall be converted to a fine as 19 provided in AS 12.55.055(h), added by sec. 72 of this Act. 20 (c) AS 12.55.078, enacted by sec. 73 of this Act, has the effect of changing Rule 43, 21 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 22 may dismiss charges. 23 (d) AS 12.55.135(p), enacted by sec. 89 of this Act, has the effect of changing Rule 24 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of 25 aggravating factors. 26 (e) AS 33.07, enacted by sec. 117 of this Act, has the effect of changing Rule 41, 27 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures 28 and duties for pretrial services officers as officers of the superior and district courts, for the 29 purposes of performing risk assessments and making pretrial recommendations to the court 30 regarding a person's pretrial release and bail conditions. 31 * Sec. 195. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council 03 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand 04 community-based violence prevention programming and services for victims of a crime 05 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this 06 section "domestic violence" and "sexual assault" have the meanings given to those terms in 07 AS 18.66.990. 08 * Sec. 196. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 REPORT ON OFFENSES OF DRIVING WHILE INTOXICATED, REFUSAL OF A 11 CHEMICAL TEST, AND DRIVING WITHOUT A VALID DRIVER'S LICENSE. The 12 Alaska Criminal Justice Commission, established in AS 44.19.641, shall prepare a report 13 regarding the effectiveness of the penalties, fines, and reformative and rehabilitative measures 14 under state law for the offenses of driving while intoxicated, refusal to submit to a chemical 15 test, and driving without a valid driver's license. The commission shall include in the report an 16 opinion on whether the penalties, fines, and reformative and rehabilitative measures under 17 state law for the offenses of driving while under the influence, refusal to submit to a chemical 18 test, and driving without a valid driver's license reduce recidivism, promote rehabilitation and 19 protect the public. The commission shall propose statutory changes for those offenses to 20 reduce recidivism, promote rehabilitation, and protect the public. The commission shall 21 deliver the report not later than December 1, 2016, to the senate secretary and the chief clerk 22 of the house of representatives and notify the legislature that the report is available. 23 * Sec. 197. The uncodified law of the State of Alaska is amended by adding a new section 24 to read: 25 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 26 RESTITUTION. The Alaska Criminal Justice Commission established in AS 44.19.641 shall 27 prepare a report regarding the implementation of a financial recovery and victim's restitution 28 program and shall make recommendations for statutory changes to improve the payment and 29 collection of victim's restitution. The report must include recommendations regarding 30 restitution for crimes against a person and for property crimes against businesses and 31 members of the public. The commission shall deliver the report not later than December 1,
01 2016, to the senate secretary and the chief clerk of the house of representatives and notify the 02 legislature that the report is available. 03 * Sec. 198. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 06 SOCIAL IMPACT BONDS. The Alaska Criminal Justice Commission established in 07 AS 44.19.641 shall prepare a report regarding the potential of using social impact bonds to 08 reduce recidivism rates. The commission shall deliver the report not later than December 15, 09 2016, to the governor, senate secretary, and chief clerk of the house of representatives and 10 notify the legislature that the report is available. The report shall cover the following topics: 11 (1) identification and evaluation of grant programs, contracts, and services of 12 the Department of Corrections and the Department of Health and Social Services that may be 13 suitable for social impact financing; 14 (2) the possibility of private sector investors providing social impact financing; 15 (3) programs operated by nonprofit corporations that could be funded through 16 a social impact financing mechanism; 17 (4) independent evaluators that could determine whether performance targets 18 for a nonprofit corporation funded by social impact financing are met at the end of an agreed- 19 on time frame; and 20 (5) whether federal funding is available for independent evaluators 21 participating in social impact financing. 22 * Sec. 199. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 APPLICABILITY. (a) The following sections apply to offenses committed on or after 25 the effective date of those sections: 26 (1) AS 11.46.130(a), as amended by sec. 3 of this Act; 27 (2) AS 11.46.140(a), as amended by sec. 4 of this Act; 28 (3) AS 11.46.150(a), as amended by sec. 5 of this Act; 29 (4) AS 11.46.220(c), as amended by sec. 6 of this Act; 30 (5) AS 11.46.260(b), as amended by sec. 7 of this Act; 31 (6) AS 11.46.270(b), as amended by sec. 8 of this Act;
01 (7) AS 11.46.280(d), as amended by sec. 9 of this Act; 02 (8) AS 11.46.285(b), as amended by sec. 10 of this Act; 03 (9) AS 11.46.295, as amended by sec. 11 of this Act; 04 (10) AS 11.46.360(a), as amended by sec. 12 of this Act; 05 (11) AS 11.46.460, as amended by sec. 13 of this Act; 06 (12) AS 11.46.482(a), as amended by sec. 14 of this Act; 07 (13) AS 11.46.484(a), as amended by sec. 15 of this Act; 08 (14) AS 11.46.486, as amended by sec. 16 of this Act; 09 (15) AS 11.46.530(b), as amended by sec. 17 of this Act; 10 (16) AS 11.46.620(d), as amended by sec. 18 of this Act; 11 (17) AS 11.46.730(c), as amended by sec. 19 of this Act; 12 (18) AS 11.46.980, as amended by sec. 20 of this Act; 13 (19) AS 11.56.730(c), as amended by sec. 23 of this Act; 14 (20) AS 11.56.757(b), as amended by sec. 26 of this Act; 15 (21) AS 11.61.110(c), as amended by sec. 28 of this Act; 16 (22) AS 11.61.145(d), as amended by sec. 29 of this Act; 17 (23) AS 11.61.150(c), as amended by sec. 31 of this Act; 18 (24) AS 11.66.200(c), as amended by sec. 37 of this Act; 19 (25) AS 11.71.030(a), as amended by sec. 38 of this Act; 20 (26) AS 11.71.040(a), as amended by sec. 41 of this Act; 21 (27) AS 11.71.050, as amended by sec. 43 of this Act; 22 (28) AS 11.71.311(a), as amended by sec. 45 of this Act; 23 (29) AS 12.55.125(a), as amended by sec. 82 of this Act; 24 (30) AS 12.55.127(c), as amended by sec. 86 of this Act; 25 (31) AS 28.15.291(a), as repealed and reenacted by sec. 100 of this Act; 26 (32) AS 28.15.291(b), as repealed and reenacted by sec. 101 of this Act; 27 (33) AS 29.10.200(21), as amended by sec. 111 of this Act; 28 (34) AS 29.25.070(a), as amended by sec. 112 of this Act; 29 (35) AS 29.25.070(g), enacted by sec. 113 of this Act; 30 (36) AS 43.23.065(b), as amended by sec. 173 of this Act; and 31 (37) AS 47.27.015(i), enacted by sec. 181 of this Act.
01 (b) The following sections apply to offenses committed on or after the effective date 02 of those sections: 03 (1) AS 12.55.027(f), enacted by sec. 67 of this Act; and 04 (2) AS 12.55.035(b), as amended by sec. 68 of this Act. 05 (c) The following sections apply to offenses committed before, on, or after the 06 effective date of those sections for contacts with peace officers occurring on or after the 07 effective date of those sections: 08 (1) AS 11.66.110(a), as amended by sec. 33 of this Act; 09 (2) AS 11.66.130(a), as amended by sec. 34 of this Act; 10 (3) AS 11.66.130(c), as amended by sec. 35 of this Act; and 11 (4) AS 11.66.135(c), as amended by sec. 36 of this Act. 12 (d) The following sections apply to sentences imposed 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 12.55.027(a), as amended by sec. 64 of this Act; 15 (2) AS 12.55.027(b), as amended by sec. 65 of this Act; 16 (3) AS 12.55.027(c), as repealed and reenacted by sec. 66 of this Act; and 17 (4) AS 33.20.010(a), as amended by sec. 153 of this Act. 18 (e) The following sections apply to sentences imposed on or after the effective date of 19 those sections for conduct occurring before, on, or after the effective date of those sections: 20 (1) AS 12.55.025(a), as amended by sec. 62 of this Act; 21 (2) AS 12.55.025(c), as amended by sec. 63 of this Act; 22 (3) AS 12.55.115, as amended by sec. 81 of this Act; 23 (4) AS 28.35.030(k), as amended by sec. 104 of this Act; 24 (5) AS 28.35.032(o), as amended by sec. 108 of this Act; 25 (6) AS 33.16.010(f), enacted by sec. 120 of this Act; and 26 (7) AS 33.16.089, enacted by sec. 122 of this Act. 27 (f) AS 12.30.055(b), enacted by sec. 60 of this Act, applies to persons in custody for a 28 probation violation on or after the effective date of sec. 60 of this Act for a probation violation 29 that occurred before, on, or after the effective date of sec. 60 this Act. 30 (g) The following sections apply to community work service imposed on or after the 31 effective date of those sections for offenses committed on or after the effective date of those
01 sections: 02 (1) AS 12.55.055(a), as amended by sec. 70 of this Act; 03 (2) AS 12.55.055(c), as amended by sec. 71 of this Act; and 04 (3) AS 12.55.055(g) and (h), enacted by sec. 72 of this Act. 05 (h) AS 12.55.078, enacted by sec. 73 of this Act, applies to prosecutions occurring on 06 or after the effective date of sec. 73 this Act for offenses committed before, on, or after the 07 effective date of sec. 73 of this Act. 08 (i) AS 12.55.051(a), as amended by sec. 69 of this Act, applies to probation ordered 09 before, on, or after the effective date of sec. 69 of this Act, for offenses committed before, on, 10 or after the effective date of sec. 69 of this Act. 11 (j) AS 12.55.090(c), as amended by sec. 75 of this Act, applies to probation ordered on 12 or after the effective date of sec. 75 of this Act, for offenses committed before, on, or after the 13 effective date of sec. 75 of this Act. 14 (k) AS 12.55.100(a), as amended by sec. 78 of this Act, applies to probation ordered 15 on or after the effective date of sec. 78 of this Act, for offenses committed before, on, or after 16 the effective date of sec. 78 of this Act. 17 (l) The following sections apply to probation ordered before, on, or after the effective 18 date of those sections for offenses committed before, on, or after the effective date of those 19 sections: 20 (1) AS 12.55.090(b), as amended by sec. 74 of this Act; 21 (2) AS 12.55.090(f), as amended by sec. 76 of this Act; 22 (3) AS 12.55.090(g) - (n), enacted by sec. 77 of this Act; 23 (4) AS 12.55.110(c) - (g), enacted by sec. 80 of this Act; and 24 (5) AS 33.05.040, as amended by sec. 115 of this Act. 25 (m) The following sections apply to a revocation of a driver's license, privilege to 26 drive, or privilege to obtain a license occurring before, on, or after the effective date of those 27 sections for conduct occurring before, on, or after the effective date of those sections: 28 (1) AS 28.15.165(e), enacted by sec. 97 of this Act; 29 (2) AS 28.15.201(g) and (h), enacted by sec. 99 of this Act; and 30 (3) AS 28.35.030(o), as amended by sec. 106 of this Act. 31 (n) The following sections apply to parole granted on or after the effective date of
01 those sections for conduct occurring before, on, or after the effective date of those sections: 02 (1) AS 33.16.010(c), as amended by sec. 118 of this Act; 03 (2) AS 33.16.010(d), as amended by sec. 119 of this Act; 04 (3) AS 33.16.060(a), as amended by sec. 121 of this Act; 05 (4) AS 33.16.090(a), as amended by sec. 123 of this Act; 06 (5) AS 33.16.100(a), as amended by sec. 125 of this Act; 07 (6) AS 33.16.100(b), as amended by sec. 126 of this Act; 08 (7) AS 33.16.100(f), enacted by sec. 127 of this Act; 09 (8) AS 33.16.130, as repealed and reenacted by sec. 133 of this Act; 10 (9) AS 33.16.140, as amended by sec. 134 of this Act; 11 (10) AS 33.16.150(a), as amended by sec. 135 of this Act; 12 (11) AS 33.16.150(b), as amended by sec. 136 of this Act; 13 (12) AS 33.16.150(e), as amended by sec. 137 of this Act; 14 (13) AS 33.16.150(f), as amended by sec. 138 of this Act; 15 (14) AS 33.16.150(g), as amended by sec. 139 of this Act; 16 (15) AS 33.16.150(h), enacted by sec. 140 of this Act; and 17 (16) AS 33.16.200, as amended by sec. 142 of this Act. 18 (o) AS 11.56.730(d) and (e), enacted by sec. 24 of this Act, and sec. 189 of this Act 19 apply to offenses committed on or after the effective date of secs. 24 and 189 of this Act. 20 (p) The following sections apply to offenses committed on or after the effective date 21 of those sections: 22 (1) AS 12.30.006(b), as amended by sec. 51 of this Act; 23 (2) AS 12.30.006(c), as amended by sec. 52 of this Act; 24 (3) AS 12.30.006(d), as amended by sec. 53 of this Act; 25 (4) AS 12.30.006(f), as amended by sec. 54 of this Act; 26 (5) AS 12.30.011, as repealed and reenacted by sec. 55 of this Act; 27 (6) AS 12.30.016(b), as amended by sec. 56 of this Act; 28 (7) AS 12.30.016(c), as amended by sec. 57 of this Act; 29 (8) AS 12.30.021(a), as amended by sec. 58 of this Act; 30 (9) AS 12.30.021(c), as amended by sec. 59 of this Act; and 31 (10) AS 33.07, enacted by sec. 117 of this Act.
01 (q) The following sections apply to parole granted before, on, or after the effective 02 date of those sections: 03 (1) AS 33.16.180, as amended by sec. 141 of this Act; 04 (2) AS 33.16.210, as amended by sec. 143 of this Act; 05 (3) AS 33.16.210(c), enacted by sec. 144 of this Act; 06 (4) AS 33.16.215, enacted by sec. 145 of this Act; 07 (5) AS 33.16.220(b), as amended by sec. 146 of this Act; 08 (6) AS 33.16.220(f), as amended by sec. 147 of this Act; 09 (7) AS 33.16.220(i), as amended by sec. 148 of this Act; 10 (8) AS 33.16.220(j), enacted by sec. 149 of this Act; 11 (9) AS 33.16.240(h) and (i), enacted by sec. 150 of this Act; and 12 (10) AS 33.16.270, enacted by sec. 151 of this Act. 13 (r) AS 33.05.020(h), enacted by sec. 114 of this Act, applies to sentences imposed 14 before, on, or after the effective date of sec. 114 of this Act, for conduct occurring before, on, 15 or after the effective date of sec. 114 of this Act, for time served on probation on or after the 16 effective date of sec. 114 of this Act. 17 (s) AS 33.20.010(c), as amended by sec. 154 of this Act, applies to sentences imposed 18 before, on, or after the effective date of sec. 154 of this Act, for offenses committed before, 19 on, or after the effective date of sec. 154 of this Act, for time served on electronic monitoring 20 on or after the effective date of sec. 154 of this Act. 21 (t) The following sections apply to offenses committed before, on, or after the 22 effective date of those sections for contacts with peace officers occurring on or after the 23 effective date of those sections: 24 (1) AS 12.25.180, as amended by sec. 47 of this Act; and 25 (2) AS 12.25.190(b), as amended by sec. 49 of this Act. 26 (u) AS 12.25.150(a), as amended by sec. 46 of this Act, applies to offenses committed 27 before, on, or after the effective date of sec. 46 of this Act for contacts with peace officers 28 occurring on or after the effective date of sec. 46 of this Act. 29 (v) The following sections apply to sentences imposed on or after the effective date of 30 those sections for conduct occurring before, on, or after the effective date of those sections: 31 (1) AS 12.55.125(c), as amended by sec. 83 of this Act;
01 (2) AS 12.55.125(d), as amended by sec. 84 of this Act; 02 (3) AS 12.55.125(e), as amended by sec. 85 of this Act; 03 (4) AS 12.55.135(a), as amended by sec. 87 of this Act; 04 (5) AS 12.55.135(b), as amended by sec. 88 of this Act; and 05 (6) AS 12.55.135(l) - (p), enacted by sec. 89 of this Act. 06 * Sec. 200. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 TRANSITION: REGULATIONS. (a) The Department of Administration may adopt 09 regulations necessary to implement secs. 161 - 172, 193, and 199 of this Act. Regulations 10 adopted by the Department of Administration under this section relate to the internal 11 management of a state agency and are not subject to AS 44.62 (Administrative Procedure Act) 12 under AS 39.30.160 and AS 39.35.005. 13 (b) Regulations adopted under this section may not take effect before the effective date 14 of the law being implemented by the regulation. 15 * Sec. 201. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 RETROACTIVITY. Sections 161 - 172 and 193 of this Act are retroactive to 18 January 1, 2013. 19 * Sec. 202. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 CONDITIONAL EFFECT. (a) AS 11.56.730(e), enacted by sec. 24 of this Act, takes 22 effect only if sec. 189 of this Act receives the two-thirds majority vote of each house required 23 by art. IV, sec. 15, Constitution of the State of Alaska. 24 (b) AS 12.30.011, as repealed and reenacted by sec. 55 of this Act, takes effect only if 25 sec. 194(a) of this Act receives the two-thirds majority vote of each house required by art. IV, 26 sec. 15, Constitution of the State of Alaska. 27 (c) AS 12.55.055(g), enacted by sec. 72 of this Act, takes effect only if sec. 194(b) of 28 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 29 Constitution of the State of Alaska. 30 (d) AS 12.55.078, enacted by sec. 73 of this Act, takes effect only if sec. 194(c) of this 31 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,
01 Constitution of the State of Alaska. 02 (e) AS 12.55.135(p), enacted by sec. 89 of this Act, takes effect only if sec. 194(d) of 03 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 04 Constitution of the State of Alaska. 05 (f) AS 33.07, added by sec. 117 of this Act, takes effect only if sec. 194(e) of this Act 06 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 07 of the State of Alaska. 08 * Sec. 203. Sections 91, 93, 200, and 201 of this Act take effect immediately under 09 AS 01.10.070(c). 10 * Sec. 204. Sections 1 - 23, 25 - 45, 70 - 73, 75, 82 - 90, 97, 99 - 101, 103, 106, 111 - 113, 11 154, 160, 173 - 182, 192, 194(b), 194(c), and 194(d) of this Act, and AS 11.56.730(d), 12 enacted by sec. 24 of this Act, take effect July 1, 2016. 13 * Sec. 205. Section 94 of this Act takes effect October 1, 2016. 14 * Sec. 206. Sections 47 - 50, 60, 62, 63, 69, 74, 76 - 81, 92, 104, 105, 108, 114 - 116, 118 - 15 153, 156 - 158, and 183 - 185 of this Act take effect January 1, 2017. 16 * Sec. 207. Sections 46, 51 - 59, 117, 190, 191, 194(a), and 194(e) of this Act take effect 17 January 1, 2018. 18 * Sec. 208. Section 159 of this Act takes effect July 1, 2018. 19 * Sec. 209. If AS 11.56.730(e), enacted by sec. 24 of this Act, and sec. 189 of this Act take 20 effect, they take effect January 1, 2019.