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SCS HB 312(RLS): "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community if the person has a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date."

00                   SENATE CS FOR HOUSE BILL NO. 312(RLS)                                                                 
01 "An Act relating to scheduled substances; relating to the Controlled Substances                                         
02 Advisory Committee; authorizing the attorney general to schedule substances by                                          
03 emergency regulation or repeal an emergency regulation that scheduled a substance;                                      
04 relating to arrest without a warrant for assault in the fourth degree at a health care                                  
05 facility; relating to detaining a person for up to 48 hours for the prosecuting authority to                            
06 demonstrate that release of the person would not reasonably ensure the appearance of                                    
07 the person or will pose a danger to the victim, other persons, or the community if the                                  
08 person has a criminal conviction or charge outside the state; relating to conditions of                                 
09 release for a person who is represented by an attorney or has a criminal conviction or                                  
10 charge outside the state; relating to factors the court is required to consider when                                    
11 determining the conditions of release before trial; relating to the surcharge imposed for                               
12 violation of state or municipal law; relating to an aggravating factor at sentencing for a                              
13 felony offense against a medical professional at a health care facility; amending the                                   
01 authority of pretrial services officers to make a warrantless arrest or request the court                               
02 to issue a warrant for arrest; providing that pretrial services, probation, and parole                                  
03 officers may perform duties relating to pretrial services, probation, and parole;                                       
04 amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective                                    
05 date."                                                                                                                  
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
08 to read:                                                                                                                
09       LEGISLATIVE INTENT. It is the intent of the legislature that, if a person's criminal                              
10 conviction or charge outside the state is included in a pretrial risk assessment conducted under                        
11 AS 33.07, the result of that assessment will control the release decision and the section of this                       
12 bill allowing a defendant to be detained for 48 hours and directing presumptive release on a                            
13 person's own recognizance or on an unsecured bond when the person has a criminal                                        
14 conviction or charge outside the state will no longer apply.                                                            
15    * Sec. 2. AS 11.71.100(c) is amended to read:                                                                      
16 (c)  The president of the Board of Pharmacy or the president's designee                                             
17       [ATTORNEY GENERAL] is the chair [CHAIRMAN] of the committee.                                                  
18    * Sec. 3. AS 11.71.100(d) is amended to read:                                                                      
19 (d)  The committee meets at the call of the chair of the committee                                                  
20       [ATTORNEY GENERAL].                                                                                               
21    * Sec. 4. AS 11.71.110 is amended to read:                                                                         
22            Sec. 11.71.110. Duties of committee. The committee shall                                                   
23 (1)  advise the governor of the need to add, delete, or reschedule                                                      
24       substances in the schedules in AS 11.71.140 - 11.71.190;                                                          
25 (2)  recommend regulations for adoption by the Board of Pharmacy to                                                     
26 prevent excessive prescription of controlled substances and the diversion of                                            
27       prescription drugs into illicit channels;                                                                         
28 (3)  evaluate the effectiveness of programs in the state providing                                                      
29       treatment and counseling for persons who abuse controlled substances;                                             
01 (4)  recommend programs to the Alaska Court System to be instituted                                                     
02 as alternatives to the prosecution or imprisonment of offenders who have no prior                                       
03 criminal record involving controlled substance offenses and who are charged with                                        
04       crimes involving controlled substances;                                                                           
05 (5)  review and evaluate enforcement policies and practices of the                                                      
06 Department of Public Safety and the Department of Law with regard to crimes                                             
07 involving controlled substances, and recommend modifications of those policies and                                      
08 practices consistent with the committee's assessment of the probable danger of                                          
09       particular controlled substances; [AND]                                                                           
10 (6)  review budget requests and recommend amounts for appropriations                                                    
11       to the governor and the legislature for departments and agencies responsible for                                  
12 (A)  enforcing criminal laws pertaining to controlled                                                                   
13            substances;                                                                                                  
14 (B)  providing treatment and counseling of persons who abuse                                                            
15            controlled substances; and                                                                                   
16 (C)  regulating the legitimate handling of controlled substances;                                                   
17            and                                                                                                      
18 (7)  advise the attorney general of the need to schedule substances                                                 
19       by emergency regulation.                                                                                    
20    * Sec. 5. AS 11.71 is amended by adding a new section to read:                                                     
21 Sec. 11.71.125. Emergency substance scheduling. (a) The attorney general                                              
22 may, by regulation, schedule a substance under this chapter regardless of whether the                                   
23 substance is substantially similar to a controlled substance listed in AS 11.71.140 -                                   
24 11.71.180, if the attorney general finds that scheduling the substance on an emergency                                  
25       basis is necessary to avoid an immediate hazard to public safety.                                                 
26 (b)  In determining whether to schedule a substance on an emergency basis, or                                           
27       repeal an emergency regulation that scheduled a substance, the attorney general shall                             
28 (1)  assess the degree of danger or probable danger of the substance by                                                 
29       considering                                                                                                       
30                      (A)  the actual or probable abuse of the substance including the                                   
31                           (i)  history and current pattern of abuse;                                                    
01                           (ii)  scope, duration, and significance of abuse of the                                       
02                 substance; and                                                                                          
03                           (iii)  degree of actual or possible detriment that may                                        
04                 result from abuse of the substance; and                                                                 
05                      (B)  the risk to public health;                                                                    
06                 (2)  consider whether the substance has been scheduled on a temporary                                   
07       basis under federal law and may consider clandestine importation, manufacture, or                                 
08       distribution of the substance;                                                                                    
09                 (3)  consult with the Controlled Substances Advisory Committee                                          
10       established under AS 11.71.100; and                                                                               
11 (4)  consult with the chief medical officer in the Department of Health                                                 
12       and Social Services.                                                                                              
13 (c)  The attorney general may schedule a substance by emergency regulation                                              
14 under this section only if the substance is currently listed on a federal controlled                                    
15       substance schedule.                                                                                               
16 (d)  The attorney general shall clearly indicate in an emergency regulation that                                        
17 schedules a substance the appropriate schedule under this chapter that applies to the                                   
18       substance.                                                                                                        
19 (e)  The attorney general shall post a notice on the Alaska Online Public Notice                                        
20 System (AS 44.62.175) 60 days before the effective date of an emergency regulation                                      
21       that schedules a substance. The notice must include                                                               
22 (1)  a summary of the attorney general's findings under (b) of this                                                     
23       section; and                                                                                                      
24 (2)  the finding required for an emergency regulation under                                                             
25       AS 44.62.250(b).                                                                                                  
26 (f)  The attorney general may not adopt an emergency regulation under this                                              
27 section that schedules an alcoholic beverage as defined in AS 04.21.080, marijuana as                                   
28       defined in AS 17.38.900, or tobacco.                                                                              
29 (g)  An emergency regulation adopted under this section is subject to the                                               
30       requirements in AS 44.62.260(c).                                                                                  
31    * Sec. 6. AS 11.71.900(4) is amended to read:                                                                      
01                 (4)  "controlled substance" means a drug, substance, or immediate                                       
02       precursor included in the schedules set out in AS 11.71.140 - 11.71.190 or included                           
03       in those schedules by an emergency regulation adopted under AS 11.71.125;                                     
04    * Sec. 7. AS 11.71.900 is amended by adding a new paragraph to read:                                               
05                 (31)  "substance" means a drug, controlled substance, or immediate                                      
06       precursor included in the schedules set out in AS 11.71.140 - 11.71.190 or in an                                  
07       emergency regulation adopted under AS 11.71.125, AS 44.62.250, and 44.62.260.                                     
08    * Sec. 8. AS 12.25.030(b) is amended to read:                                                                      
09            (b)  In addition to the authority granted by (a) of this section, a peace officer                            
10 (1)  shall make an arrest under the circumstances described in                                                          
11       AS 18.65.530;                                                                                                     
12 (2)  without a warrant may arrest a person if the officer has probable                                                  
13       cause to believe the person has, either in or outside the presence of the officer,                                
14 (A)  committed a crime involving domestic violence, whether                                                             
15 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving                                          
16            domestic violence" has the meaning given in AS 18.66.990;                                                    
17 (B)  committed the crime of violating a protective order in                                                             
18            violation of AS 11.56.740; or                                                                                
19 (C)  violated a condition of release imposed under                                                                      
20            AS 12.30.016(e) or 12.30.027;                                                                                
21 (3)  without a warrant may arrest a person when the peace officer has                                                   
22       probable cause for believing that the person has                                                                  
23 (A)  committed a crime under or violated conditions imposed as                                                          
24 part of the person's release before trial on misdemeanor charges brought under                                          
25            AS 11.41.270;                                                                                                
26 (B)  violated AS 04.16.050 or an ordinance with similar                                                                 
27 elements; however, unless there is a lawful reason for further detention, a                                             
28 person who is under 18 years of age and who has been arrested for violating                                             
29 AS 04.16.050 or an ordinance with similar elements shall be cited for the                                               
30            offense and released to the person's parent, guardian, or legal custodian; [OR]                              
31 (C)  violated conditions imposed as part of the person's release                                                        
01            under the provisions of AS 12.30; or                                                                     
02                      (D)  violated AS 11.41.230 at a health care facility, and the                                  
03            person                                                                                                   
04                           (i)  was not seeking medical treatment at the facility;                                   
05                 or                                                                                                  
06                           (ii)  was stable for discharge.                                                         
07    * Sec. 9. AS 12.25.030 is amended by adding a new subsection to read:                                              
08            (e)  In this section, "health care facility" has the meaning given in                                        
09       AS 18.07.111.                                                                                                     
10    * Sec. 10. AS 12.30.006(b) is amended to read:                                                                     
11 (b)  At the first appearance before a judicial officer, a person may be detained                                        
12 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
13 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
14 pose a danger to the victim, other persons, or the community, if the person has [BEEN                                   
15       CHARGED WITH THE FOLLOWING CRIMES:]                                                                               
16 (1)  been charged with an unclassified, class A, [OR] class B, or class                                         
17       C felony; or                                                                                              
18 (2)  a criminal conviction or charge outside the state that has not                                                 
19 been used in determining the person's risk level in the pretrial risk assessment                                    
20       under AS 33.07                                                                                                
21                 [(2)  A CLASS C FELONY                                                                                  
22 (A)  UNDER AS 11.41, AS 11.56.730, AS 28.35.030, OR                                                                     
23            28.35.032;                                                                                                   
24 (B)  THAT IS A SEX OFFENSE; IN THIS                                                                                     
25 SUBPARAGRAPH, "SEX OFFENSE" HAS THE MEANING GIVEN IN                                                                    
26            AS 12.63.100; OR                                                                                             
27 (C)  THAT IS A CRIME INVOLVING DOMESTIC                                                                                 
28 VIOLENCE; IN THIS SUBPARAGRAPH, "CRIME INVOLVING                                                                        
29 DOMESTIC VIOLENCE" HAS THE MEANING GIVEN IN AS 18.66.990;                                                               
30            OR                                                                                                           
31 (3)  A CLASS C FELONY, OTHER THAN A CLASS C FELONY                                                                      
01       LISTED IN (2) OF THIS SUBSECTION, AND THE PERSON HAS BEEN                                                         
02       ASSESSED AS MODERATE TO HIGH RISK UNDER AS 12.30.011(c)(2)].                                                      
03    * Sec. 11. AS 12.30.011(a) is amended to read:                                                                     
04            (a)  Except as otherwise provided in this chapter, a [A] judicial officer may                            
05       order that a person charged with an offense, in addition to other conditions imposed                              
06       under this section, be released                                                                                   
07                 (1)  on the person's own recognizance;                                                                  
08                 (2)  upon execution of an unsecured appearance bond; or                                                 
09                 (3)  upon execution of an unsecured performance bond.                                                   
10    * Sec. 12. AS 12.30.011(b) is amended to read:                                                                     
11 (b)  A person charged with a misdemeanor that does not include an offense                                               
12 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense                                      
13 as defined in AS 12.63.100, or a crime involving domestic violence as defined in                                        
14       AS 18.66.990 and who is assessed by a pretrial services officer as                                                
15 (1)  low to moderate risk shall, except as provided in (m) of this                                                  
16 section, be released on the person's own recognizance or upon execution of an                                       
17       unsecured appearance bond or unsecured performance bond; or                                                       
18 (2)  high risk shall be released on the person's own recognizance or                                                    
19 upon execution of an unsecured appearance bond or unsecured performance bond                                            
20 unless the judicial officer finds on the record that there is clear and convincing                                      
21 evidence that no nonmonetary conditions of release in combination with the release of                                   
22 the person on the person's own recognizance or upon execution of an unsecured bond                                      
23 can reasonably ensure the appearance of the person in court and the safety of the                                       
24       victim, other persons, and the community.                                                                         
25    * Sec. 13. AS 12.30.011(c) is amended to read:                                                                     
26 (c)  A person charged with a class C felony that does not include an offense                                            
27 under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined                                      
28 in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990                                      
29       and who is assessed by a pretrial services officer as low,                                                    
30 [(1)  LOW RISK SHALL BE RELEASED ON THE PERSON'S OWN                                                                    
31 RECOGNIZANCE OR UPON EXECUTION OF AN UNSECURED APPEARANCE                                                               
01       BOND OR UNSECURED PERFORMANCE BOND; OR                                                                            
02 (2)]  moderate, or [TO] high risk shall be released on the person's own                                             
03 recognizance or upon execution of an unsecured appearance bond or unsecured                                             
04 performance bond unless the judicial officer finds on the record that there is clear and                                
05 convincing evidence that no nonmonetary conditions of release in combination with                                       
06 the release of the person on the person's own recognizance or upon execution of an                                      
07 unsecured bond can reasonably ensure the appearance of the person in court and the                                      
08       safety of the victim, other persons, and the community.                                                           
09    * Sec. 14. AS 12.30.011(g) is amended to read:                                                                     
10 (g)  A person released under this chapter [SECTION] shall be released on the                                        
11       condition that the person                                                                                         
12                 (1)  obey all court orders;                                                                             
13                 (2)  obey all laws;                                                                                     
14                 (3)  make all court appearances;                                                                        
15 (4)  maintain contact with the person's pretrial services officer, if one is                                            
16       appointed by the court, and follow the pretrial services officer's instructions;                                  
17 (5)  maintain contact with the person's attorney if the person is                                                   
18       represented by an attorney;                                                                                   
19 (6)  notify the person's attorney or, if the person is not represented by                                               
20 an attorney, the pretrial services officer or the court within 24 hours after a change in                               
21       the person's residence.                                                                                           
22    * Sec. 15. AS 12.30.011(i) is amended to read:                                                                     
23 (i)  In determining the conditions of release under this chapter, the court shall                                       
24       consider the following:                                                                                           
25                 (1)  the nature and circumstances of the offense charged;                                               
26                 (2)  the weight of the evidence against the person;                                                     
27                 (3)  the nature and extent of the person's family ties and relationships;                               
28                 (4)  the person's employment status and history;                                                        
29                 (5)  the length and character of the person's past and present residence;                               
30 (6)  the person's record of convictions, including convictions outside                                              
31       the state;                                                                                                    
01                 (7)  the person's record of appearance at court proceedings;                                            
02                 (8)  assets available to the person to meet monetary conditions of                                      
03       release;                                                                                                          
04                 (9)  the person's reputation, character, and mental condition;                                          
05                 (10)  the effect of the offense on the victim, any threats made to the                                  
06       victim, and the danger that the person poses to the victim;                                                       
07                 (11)  the conditions of release recommended by the pretrial services                                    
08       officer;                                                                                                          
09                 (12)  the person's pretrial risk assessment score; and                                                  
10 (13)  any other facts that are relevant to the person's appearance or the                                               
11       person's danger to the victim, other persons, or the community.                                                   
12    * Sec. 16. AS 12.30.011 is amended by adding a new subsection to read:                                             
13 (m)  A person charged with an offense who would otherwise be released under                                             
14 AS 12.30.011(b)(1) and who has a criminal conviction or charge outside the state that                                   
15 has not been used in determining the person's risk level in the pretrial risk assessment                                
16 under AS 33.07 shall be released on the person's own recognizance or upon execution                                     
17 of an unsecured appearance bond or unsecured performance bond unless the judicial                                       
18 officer finds on the record that there is clear and convincing evidence that no                                         
19 nonmonetary conditions of release, in combination with the release of the person on                                     
20 the person's own recognizance or upon execution of an unsecured bond, can                                               
21 reasonably ensure the appearance of the person in court and the safety of the victim,                                   
22       other persons, and the community.                                                                                 
23    * Sec. 17. AS 12.55.039(a) is amended to read:                                                                     
24 (a)  In addition to any fine or other penalty prescribed by law, a defendant who                                        
25       pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a                                      
26                 (1)  felony shall be assessed a surcharge of $200 [$100];                                           
27 (2)  violation of a misdemeanor offense under AS 28.33.030,                                                             
28 28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance                                          
29 comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030,                                        
30 or 28.35.032 and adopted under AS 28.01.010, shall be assessed a surcharge of $150                                  
31       [$75];                                                                                                            
01 (3)  misdemeanor or a violation of a municipal ordinance if a sentence                                                  
02 of incarceration may be imposed for the misdemeanor or ordinance violation, other                                       
03 than a provision identified in (2) of this subsection, shall be assessed a surcharge of                                 
04       $100 [$50];                                                                                                   
05 (4)  misdemeanor for which a sentence of incarceration may not be                                                       
06 imposed, a violation or an infraction under state law, or a violation of a municipal                                    
07 ordinance imposing a penalty authorized by AS 29.25.070(a) if a sentence of                                             
08 incarceration may not be imposed for the ordinance violation, shall be assessed a                                       
09 surcharge of $20 [$10] if the fine or bail forfeiture amount for the offense is $30 or                              
10       more.                                                                                                             
11    * Sec. 18. AS 12.55.155(c) is amended to read:                                                                     
12 (c)  The following factors shall be considered by the sentencing court if proven                                        
13 in accordance with this section, and may allow imposition of a sentence above the                                       
14       presumptive range set out in AS 12.55.125:                                                                        
15 (1)  a person, other than an accomplice, sustained physical injury as a                                                 
16       direct result of the defendant's conduct;                                                                         
17 (2)  the defendant's conduct during the commission of the offense                                                       
18       manifested deliberate cruelty to another person;                                                                  
19 (3)  the defendant was the leader of a group of three or more persons                                                   
20       who participated in the offense;                                                                                  
21 (4)  the defendant employed a dangerous instrument in furtherance of                                                    
22       the offense;                                                                                                      
23 (5)  the defendant knew or reasonably should have known that the                                                        
24 victim of the offense was particularly vulnerable or incapable of resistance due to                                     
25 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or                                 
26 extreme youth or was for any other reason substantially incapable of exercising                                         
27       normal physical or mental powers of resistance;                                                                   
28 (6)  the defendant's conduct created a risk of imminent physical injury                                                 
29       to three or more persons, other than accomplices;                                                                 
30 (7)  a prior felony conviction considered for the purpose of invoking a                                                 
31 presumptive range under this chapter was of a more serious class of offense than the                                    
01       present offense;                                                                                                  
02 (8)  the defendant's prior criminal history includes conduct involving                                                  
03 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated                                     
04 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a                                 
05 combination of assaultive behavior and cruelty to animals proscribed under                                              
06 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior"                                   
07 means assault that is a felony under AS 11.41, or a similar provision in another                                        
08       jurisdiction;                                                                                                     
09                 (9)  the defendant knew that the offense involved more than one victim;                                 
10 (10)  the conduct constituting the offense was among the most serious                                                   
11       conduct included in the definition of the offense;                                                                
12 (11)  the defendant committed the offense under an agreement that the                                                   
13 defendant either pay or be paid for the commission of the offense, and the pecuniary                                    
14       incentive was beyond that inherent in the offense itself;                                                         
15 (12)  the defendant was on release under AS 12.30 for another felony                                                    
16 charge or conviction or for a misdemeanor charge or conviction having assault as a                                      
17       necessary element;                                                                                                
18 (13)  the defendant knowingly directed the conduct constituting the                                                     
19 offense at an active officer of the court or at an active or former judicial officer,                                   
20 prosecuting attorney, law enforcement officer, correctional employee, firefighter,                                      
21 emergency medical technician, paramedic, ambulance attendant, or other emergency                                        
22       responder during or because of the exercise of official duties;                                                 
23 (14)  the defendant was a member of an organized group of five or                                                       
24 more persons, and the offense was committed to further the criminal objectives of the                                   
25       group;                                                                                                            
26                 (15)  the defendant has three or more prior felony convictions;                                         
27 (16)  the defendant's criminal conduct was designed to obtain                                                           
28 substantial pecuniary gain and the risk of prosecution and punishment for the conduct                                   
29       is slight;                                                                                                        
30 (17)  the offense was one of a continuing series of criminal offenses                                                   
31 committed in furtherance of illegal business activities from which the defendant                                        
01       derives a major portion of the defendant's income;                                                                
02                 (18)  the offense was a felony                                                                          
03                      (A)  specified in AS 11.41 and was committed against a spouse,                                     
04            a former spouse, or a member of the social unit made up of those living                                      
05            together in the same dwelling as the defendant;                                                              
06                      (B)  specified in AS 11.41.410 - 11.41.458 and the defendant                                       
07            has engaged in the same or other conduct prohibited by a provision of                                        
08            AS 11.41.410 - 11.41.460 involving the same or another victim;                                               
09                      (C)  specified in AS 11.41 that is a crime involving domestic                                      
10 violence and was committed in the physical presence or hearing of a child                                               
11 under 16 years of age who was, at the time of the offense, living within the                                            
12 residence of the victim, the residence of the perpetrator, or the residence where                                       
13            the crime involving domestic violence occurred;                                                              
14 (D)  specified in AS 11.41 and was committed against a person                                                           
15 with whom the defendant has a dating relationship or with whom the defendant                                            
16            has engaged in a sexual relationship; or                                                                     
17 (E)  specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and                                                          
18            the defendant was 10 or more years older than the victim;                                                    
19 (19)  the defendant's prior criminal history includes an adjudication as a                                              
20       delinquent for conduct that would have been a felony if committed by an adult;                                    
21 (20)  the defendant was on furlough under AS 33.30 or on parole or                                                      
22 probation for another felony charge or conviction that would be considered a prior                                      
23       felony conviction under AS 12.55.145(a)(1)(B);                                                                    
24 (21)  the defendant has a criminal history of repeated instances of                                                     
25 conduct violative of criminal laws, whether punishable as felonies or misdemeanors,                                     
26 similar in nature to the offense for which the defendant is being sentenced under this                                  
27       section;                                                                                                          
28 (22)  the defendant knowingly directed the conduct constituting the                                                     
29 offense at a victim because of that person's race, sex, color, creed, physical or mental                                
30       disability, ancestry, or national origin;                                                                         
31 (23)  the defendant is convicted of an offense specified in AS 11.71 and                                                
01                      (A)  the offense involved the delivery of a controlled substance                                   
02            under circumstances manifesting an intent to distribute the substance as part of                             
03            a commercial enterprise; or                                                                                  
04                      (B)  at the time of the conduct resulting in the conviction, the                                   
05            defendant was caring for or assisting in the care of a child under 10 years of                               
06            age;                                                                                                         
07                 (24)  the defendant is convicted of an offense specified in AS 11.71 and                                
08       the offense involved the transportation of controlled substances into the state;                                  
09                 (25)  the defendant is convicted of an offense specified in AS 11.71 and                                
10       the offense involved large quantities of a controlled substance;                                                  
11 (26)  the defendant is convicted of an offense specified in AS 11.71 and                                                
12 the offense involved the distribution of a controlled substance that had been                                           
13       adulterated with a toxic substance;                                                                               
14                 (27)  the defendant, being 18 years of age or older,                                                    
15 (A)  is legally accountable under AS 11.16.110(2) for the                                                               
16 conduct of a person who, at the time the offense was committed, was under 18                                            
17            years of age and at least three years younger than the defendant; or                                         
18 (B)  is aided or abetted in planning or committing the offense by                                                       
19 a person who, at the time the offense was committed, was under 18 years of                                              
20            age and at least three years younger than the defendant;                                                     
21 (28)  the victim of the offense is a person who provided testimony or                                                   
22       evidence related to a prior offense committed by the defendant;                                                   
23 (29)  the defendant committed the offense for the benefit of, at the                                                    
24       direction of, or in association with a criminal street gang;                                                      
25 (30)  the defendant is convicted of an offense specified in AS 11.41.410                                                
26 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to                                  
27 the victim in furtherance of the offense with the intent to make the victim                                             
28 incapacitated; in this paragraph, "incapacitated" has the meaning given in                                              
29       AS 11.41.470;                                                                                                     
30 (31)  the defendant's prior criminal history includes convictions for five                                              
31 or more crimes in this or another jurisdiction that are class A misdemeanors under the                                  
01 law of this state, or having elements similar to a class A misdemeanor; two or more                                     
02 convictions arising out of a single continuous episode are considered a single                                          
03 conviction; however, an offense is not a part of a continuous episode if committed                                      
04 while attempting to escape or resist arrest or if it is an assault on a uniformed or                                    
05 otherwise clearly identified peace officer or correctional employee; notice and denial                                  
06       of convictions are governed by AS 12.55.145(b) - (d);                                                             
07 (32)  the offense is a violation of AS 11.41 or AS 11.46.400 and the                                                    
08 offense occurred on school grounds, on a school bus, at a school-sponsored event, or                                    
09 in the administrative offices of a school district if students are educated at that office;                             
10       in this paragraph,                                                                                                
11                      (A)  "school bus" has the meaning given in AS 11.71.900;                                           
12                      (B)  "school district" has the meaning given in AS 47.07.063;                                      
13                      (C)  "school grounds" has the meaning given in AS 11.71.900;                                       
14 (33)  the offense was a felony specified in AS 11.41.410 - 11.41.455,                                                   
15 the defendant had been previously diagnosed as having or having tested positive for                                     
16 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the                                        
17 victim to a risk or a fear that the offense could result in the transmission of HIV or                                  
18 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in                                                    
19       AS 18.15.310;                                                                                                     
20 (34)  the defendant committed the offense on, or to affect persons or                                                   
21 property on, the premises of a recognized shelter or facility providing services to                                     
22       victims of domestic violence or sexual assault;                                                                   
23 (35)  the defendant knowingly directed the conduct constituting the                                                     
24       offense at a victim because that person was 65 years of age or older;                                         
25 (36)  the defendant committed the offense at a health care facility                                                 
26 and knowingly directed the conduct constituting the offense at a medical                                            
27 professional during or because of the medical professional's exercise of                                            
28       professional duties; in this paragraph                                                                        
29 (A)  "health care facility" has the meaning given in                                                                
30            AS 18.07.111;                                                                                            
31 (B)  "medical professional" has the meaning given in                                                                
01            AS 12.55.135(k).                                                                                         
02    * Sec. 19. AS 33.07.030(g) is amended by to read:                                                                  
03            (g)  A pretrial services officer may                                                                         
04                 (1)  recommend pretrial diversion to the court and parties before                                       
05       adjudication in accordance with the guidelines established by the commissioner under                              
06       AS 33.07.020(6);                                                                                                  
07 (2)  [ARREST, WITHOUT A WARRANT, A DEFENDANT WHO                                                                        
08 HAS BEEN RELEASED WHILE AWAITING TRIAL] if the officer has probable                                                     
09 cause to believe the defendant has committed an offense under AS 11.56.730 or                                           
10 11.56.757 or has violated the defendant's release conditions, file a complaint with the                             
11       court and                                                                                                     
12 (A)  arrest, with or without a warrant, a defendant who has                                                         
13            been released while awaiting trial; or                                                                   
14 (B)  request the court to issue warrants related to any                                                             
15            violation of the defendant's release conditions;                                                         
16 (3)  refer interested defendants for substance abuse screening,                                                         
17 assessment, and treatment on a voluntary basis and assist any defendant whose offense                                   
18 or criminal history identified a dependency on, abuse of, or addiction to alcohol or                                    
19 controlled substances with accessing and obtaining appropriate treatment in the                                         
20       community to address those needs;                                                                                 
21 (4)  recommend that a defendant charged with an offense involving the                                                   
22 use of alcohol or controlled substances comply with a program established under                                         
23       AS 47.38.020; and                                                                                                 
24 (5)  coordinate with community-based organizations and tribal courts                                                    
25       and councils to develop and expand pretrial diversion options.                                                    
26    * Sec. 20. AS 33.16.190 is amended to read:                                                                        
27 Sec. 33.16.190. Authority of parole, pretrial services, and probation                                               
28 officers. An officer appointed by the commissioner under AS 33.05.020(a), AS 33.07,                               
29       or under this chapter, may discharge duties under AS 33.05, AS 33.07, or this chapter.                        
30    * Sec. 21. AS 44.23.020 is amended by adding a new subsection to read:                                             
31 (j)  The attorney general may by regulation schedule a substance on an                                                  
01       emergency basis as provided in AS 11.71.125 and AS 44.62 (Administrative                                          
02       Procedure Act).                                                                                                   
03    * Sec. 22. AS 44.62.175(a) is amended to read:                                                                     
04 (a)  The lieutenant governor shall develop and supervise the Alaska Online                                              
05 Public Notice System, to be maintained on the state's site on the Internet. The                                         
06 lieutenant governor shall prescribe the form of notices posted on the system by state                                   
07       agencies. The Alaska Online Public Notice System must include                                                     
08                 (1)  notices of proposed actions given under AS 44.62.190(a);                                           
09                 (2)  notices of state agency meetings required under AS 44.62.310(e),                                   
10       even if the meeting has been held;                                                                                
11                 (3)  notices of solicitations to bid issued under AS 36.30.130;                                         
12 (4)  notices of state agency requests for proposals issued under                                                        
13 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and                                                  
14       AS 43.40.010;                                                                                                     
15                 (5)  executive orders and administrative orders issued by the governor;                                 
16 (6)  written delegations of authority made by the governor or the head                                                  
17       of a principal department under AS 44.17.010;                                                                     
18 (7)  the text or a summary of the text of a regulation or order of repeal                                               
19 of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a),                                    
20       including an emergency regulation or repeal regardless of whether it has taken effect;                            
21 (8)  notices required by AS 44.62.245(b) regarding an amended version                                                   
22       of a document or other material incorporated by reference in a regulation;                                        
23 (9)  a summary of the text of recently issued published opinions of the                                                 
24       attorney general;                                                                                                 
25 (10)  a list of vacancies on boards, commissions, and other bodies                                                      
26       whose members are appointed by the governor;                                                                      
27 (11)  in accordance with AS 39.52.240(h), advisory opinions of the                                                      
28       attorney general; [AND]                                                                                           
29 (12)  notices required by AS 26.30.010(d) and (e) regarding                                                             
30       applications for military facility zones; and                                                                 
31 (13)  notices of substances scheduled by an emergency regulation                                                    
01       under AS 11.71.125.                                                                                           
02    * Sec. 23. AS 44.62.200(a) is amended to read:                                                                     
03            (a)  The notice of proposed adoption, amendment, or repeal of a regulation                                   
04       must include                                                                                                      
05                 (1)  a statement of the time, place, and nature of proceedings for                                      
06       adoption, amendment, or repeal of the regulation;                                                                 
07                 (2)  reference to the authority under which the regulation is proposed                                  
08       and a reference to the particular code section or other provisions of law that are being                          
09       implemented, interpreted, or made specific;                                                                       
10                 (3)  an informative summary of the proposed subject of agency action;                                   
11 (4)  other matters prescribed by a statute applicable to the specific                                                   
12       agency or to the specific regulation or class of regulations;                                                     
13 (5)  a summary of the fiscal information required to be prepared under                                                  
14       AS 44.62.195; and                                                                                             
15 (6)  for a regulation under AS 11.71.125, a summary of the attorney                                                 
16       general's compliance with the requirements of AS 11.71.125(b).                                                
17    * Sec. 24. AS 44.62.250 is amended to read:                                                                        
18 Sec. 44.62.250. Emergency regulations. Except for a regulation adopted                                            
19 under AS 11.71.125, a [A] regulation or order of repeal may be adopted as an                                        
20 emergency regulation or order of repeal if a state agency makes a written finding,                                      
21 including a statement of the facts that constitute the emergency, that the adoption of                                  
22 the regulation or order of repeal is necessary for the immediate preservation of the                                    
23 public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c),                                  
24 44.62.060, and 44.62.190 - 44.62.215 do not apply to the initial adoption of                                            
25 emergency regulations; however, upon adoption of an emergency regulation, the                                       
26 adopting agency shall immediately submit a copy of it to the lieutenant governor for                                    
27 filing and for publication in the Alaska Administrative Register, and, within five days                             
28 after filing by the lieutenant governor, the agency shall give notice of the adoption in                            
29 accordance with AS 44.62.190(a). Failure to give the required notice by the end of the                                  
30       10th day automatically repeals the regulation.                                                                    
31    * Sec. 25. AS 44.62.250 is amended by adding a new subsection to read:                                             
01 (b)  A regulation or order of repeal may be adopted as an emergency regulation                                          
02 under AS 11.71.125 if the attorney general makes a written finding that the                                             
03 requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 - 44.62.215                                      
04 do not apply to the adoption or order of repeal by the attorney general of a regulation                                 
05       to schedule a substance by emergency regulation under AS 11.71.125.                                               
06    * Sec. 26. AS 44.62.260 is amended to read:                                                                        
07 Sec. 44.62.260. Limitation on effective period of emergency regulations. (a)                                          
08 Except as provided in (c) of this section, a [A] regulation adopted as an emergency                                 
09 regulation does not remain in effect more than 120 days unless the adopting agency                                      
10 complies with AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215 either before                                       
11       submitting the regulation to the lieutenant governor or during the 120-day period.                                
12 (b)  Except as provided in (c) of this section, before [BEFORE] the                                                 
13 expiration of the 120-day period, the agency shall transmit to the lieutenant governor                                  
14 for filing a certification that AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215                                   
15 were complied with before submitting the regulation to the lieutenant governor, or that                                 
16 the agency complied with those sections within the 120-day period. Failure to so                                        
17 certify repeals the emergency regulation; it may not be renewed or refiled as an                                        
18       emergency regulation.                                                                                             
19    * Sec. 27. AS 44.62.260 is amended by adding a new subsection to read:                                             
20 (c)  A substance scheduled by the attorney general by emergency regulation                                              
21 under AS 11.71.125 will remain on the schedule under the emergency regulation for a                                     
22 period not to exceed 1,095 days unless the legislature schedules the substance by law                                   
23       or annuls the regulation by law.                                                                                  
24    * Sec. 28. AS 44.62.270 is amended to read:                                                                        
25 Sec. 44.62.270. State policy. It is the state policy that emergencies are held to                                     
26 a minimum and are rarely found to exist. Nothing in this section limits the attorney                                
27 general from scheduling a substance by emergency regulation under                                                   
28       AS 11.71.125.                                                                                                 
29    * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31 INDIRECT COURT RULE AMENDMENT. AS 12.30.011(a) - (c), (g), and (i), as                                                  
01 amended by secs. 11 - 15 of this Act, and AS 12.30.011(m), enacted by sec. 16 of this Act,                              
02 have the effect of changing Rule 41, Alaska Rules of Criminal Procedure, by changing the                                
03 conditions of release for certain defendants.                                                                           
04    * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       APPLICABILITY. (a) AS 12.25.030(b), as amended by sec. 8 of this Act, applies to                                  
07 offenses committed before, on, or after the effective date of sec. 8 of this Act for contacts with                      
08 peace officers occurring on or after the effective date of sec. 8 of this Act.                                          
09       (b)  AS 12.30.006(b), as amended by sec. 10 of this Act, AS 12.30.011(a) - (c), (g),                              
10 and (i), as amended by secs. 11 - 15 of this Act, and AS 12.30.011(m), enacted by sec. 16 of                            
11 this Act, apply to offenses committed on or after the effective date of secs. 10 - 16 of this Act.                      
12 (c)  AS 12.55.039(a), as amended by sec. 17 of this Act, and AS 12.55.155(c), as                                        
13 amended by sec. 18 of this Act, apply to offenses committed on or after the effective date of                           
14 secs. 17 and 18 of this Act.                                                                                            
15    * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to                         
16 read:                                                                                                                   
17 CONDITIONAL EFFECT. Sections 10 - 16 of this Act take effect only if sec. 29 of                                         
18 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
19 Constitution of the State of Alaska.                                                                                    
20    * Sec. 32. Sections 1, 10 - 16, 19, 20, 29, and 31 of this Act take effect immediately under                     
21 AS 01.10.070(c).