CSSB 55(FIN): "An Act relating to criminal law and procedure; relating to controlled substances; relating to sentencing; relating to protective orders; relating to restitution; relating to the period of probation; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to parole; relating to the duties of the Department of Corrections and the Department of Health and Social Services; and providing for an effective date."
00 CS FOR SENATE BILL NO. 55(FIN) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to sentencing; relating to protective orders; relating to restitution; relating to 03 the period of probation; relating to revocation, termination, suspension, cancellation, or 04 restoration of a driver's license; relating to parole; relating to the duties of the 05 Department of Corrections and the Department of Health and Social Services; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.46.280(d) is amended to read: 09 (d) Issuing a bad check is 10 (1) a class B felony if the face amount of the check [, ADJUSTED 11 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or more; 12 (2) a class C felony if the face amount of the check, adjusted for 13 inflation as provided in AS 11.46.982, is $1,000 or more but less than $25,000;
01 (3) a class A misdemeanor if the face amount of the check, adjusted for 02 inflation as provided in AS 11.46.982, is $250 or more but less than $1,000; 03 (4) a class B misdemeanor if the face amount of the check, adjusted for 04 inflation as provided in AS 11.46.982, is less than $250. 05 * Sec. 2. AS 11.46.285(b) is amended to read: 06 (b) Fraudulent use of an access device is 07 (1) a class B felony if the value of the property or services obtained [, 08 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or 09 more; 10 (2) a class C felony if the value of the property or services obtained, 11 adjusted for inflation as provided in AS 11.46.982, is $1,000 or more but less than 12 $25,000; 13 (3) a class A misdemeanor if the value of the property or services 14 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $1,000. 15 * Sec. 3. AS 11.46.730(c) is amended to read: 16 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 17 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as 18 provided in AS 11.46.982, of $1,000 or more as a result of the defendant's conduct, in 19 which case defrauding secured creditors is 20 (1) a class B felony if the loss [, ADJUSTED FOR INFLATION AS 21 PROVIDED IN AS 11.46.982,] is $25,000 or more; 22 (2) a class C felony if the loss, adjusted for inflation as provided in 23 AS 11.46.982, is $1,000 or more but less than $25,000. 24 * Sec. 4. AS 11.71.050(a) is amended to read: 25 (a) Except as authorized in AS 17.30, a person commits the crime of 26 misconduct involving a controlled substance in the fourth degree if the person 27 (1) manufactures or delivers, or possesses with the intent to 28 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 29 of an aggregate weight of less than one ounce containing a schedule VIA controlled 30 substance; 31 (2) [REPEALED]
01 (3) fails to make, keep, or furnish any record, notification, order form, 02 statement, invoice, or information required under AS 17.30; or 03 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 04 11.71.040(a)(3), 11.71.040(a)(4), [AS 11.71.040(a)(3)] or 11.71.060(a)(2) 05 [11.71.060(a)(2)(B)], possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or 06 VIA controlled substance. 07 * Sec. 5. AS 12.55.011(b) is amended to read: 08 (b) At the time of sentencing, the court shall, if practicable, provide the 09 victim with a form that 10 (1) provides information on 11 (A) whom the victim should contact if the victim has questions 12 about the sentence or release of the offender; 13 (B) the potential for release of the offender on furlough, 14 probation, or parole or for good time credit; and 15 (2) allows the victim to update the victim's contact information with 16 the court, the Victim Information and Notification Everyday service, and the 17 Department of Corrections. 18 * Sec. 6. AS 12.55.015(a) is amended to read: 19 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 20 sentence on a defendant convicted of an offense, may singly or in combination 21 (1) impose a fine when authorized by law and as provided in 22 AS 12.55.035; 23 (2) order the defendant to be placed on probation under conditions 24 specified by the court that may include provision for active supervision; 25 (3) impose a definite term of periodic imprisonment, but only if an 26 employment obligation of the defendant preexisted sentencing and the defendant 27 receives a composite sentence of not more than two years to serve; 28 (4) impose a definite term of continuous imprisonment; 29 (5) order the defendant to make restitution under AS 12.55.045; 30 (6) order the defendant to carry out a continuous or periodic program 31 of community work under AS 12.55.055;
01 (7) suspend execution of all or a portion of the sentence imposed under 02 AS 12.55.080; 03 (8) suspend entry of judgment under AS 12.55.078 or suspend 04 imposition of sentence under AS 12.55.085; 05 (9) order the forfeiture to the commissioner of public safety or a 06 municipal law enforcement agency of a deadly weapon that was in the actual 07 possession of or used by the defendant during the commission of an offense described 08 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 09 (10) order the defendant, while incarcerated, to participate in or 10 comply with the treatment plan of a rehabilitation program that is related to the 11 defendant's offense or to the defendant's rehabilitation if the program is made available 12 to the defendant by the Department of Corrections; 13 (11) order the forfeiture to the state of a motor vehicle, weapon, 14 electronic communication device, or money or other valuables, used in or obtained 15 through an offense that was committed for the benefit of, at the direction of, or in 16 association with a criminal street gang; 17 (12) order the defendant to have no contact, either directly or 18 indirectly, with a victim or witness of the offense until the defendant is 19 unconditionally discharged; 20 (13) order the defendant to refrain from consuming alcoholic 21 beverages for a period of time. 22 * Sec. 7. AS 12.55.045(l) is amended to read: 23 (l) An order by the court that the defendant pay restitution is a civil judgment 24 for the amount of the restitution. An order by the court that the defendant pay 25 restitution when the court suspends entry of judgment under AS 12.55.078 or 26 suspends imposition of sentence under AS 12.55.085 is a civil judgment for the 27 amount of the restitution and remains enforceable and is not discharged when the 28 proceeding is dismissed under AS 12.55.078 or a conviction is set aside under 29 AS 12.55.085. The victim or the state on behalf of the victim may enforce the 30 judgment through any procedure authorized by law for the enforcement of a civil 31 judgment. If the victim enforces or collects restitution through civil process, collection
01 costs and full reasonable attorney fees shall be awarded. If the state on the victim's 02 behalf enforces or collects restitution through civil process, collection costs and full 03 reasonable attorney fees shall be awarded, up to a maximum of twice the amount of 04 restitution owing at the time the civil process was initiated. This section does not limit 05 the authority of the court to enforce orders of restitution. 06 * Sec. 8. AS 12.55.078(a) is amended to read: 07 (a) Except as provided in (f) of this section, if a person is found guilty or 08 pleads guilty to a crime, the court may, with the consent of the defendant and the 09 prosecution and without imposing or entering a judgment of guilt, defer further 10 proceedings and place the person on probation. The period of probation may not 11 exceed the applicable terms set out in AS 12.55.090(c). The court may not impose a 12 sentence of imprisonment under this section. 13 * Sec. 9. AS 12.55.078(d) is amended to read: 14 (d) If the court finds that the person has successfully completed probation, the 15 court shall, at the end of the probationary period set by the court, or at any time after 16 the expiration of one year from the date [OF] the original probation was imposed, 17 discharge the person and dismiss the proceedings against the person. A person who is 18 discharged under this section is not convicted of a crime. 19 * Sec. 10. AS 12.55.078(f) is amended to read: 20 (f) The court may not suspend the imposition or entry of judgment and may 21 not defer prosecution under this section of a person who 22 (1) is charged with [CONVICTED OF] a violation of AS 11.41.100 - 23 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, 24 AS 11.46.400, AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 25 (2) uses a firearm in the commission of the offense for which the 26 person is charged [CONVICTED]; 27 (3) has previously been granted a suspension of judgment under this 28 section or a similar statute in another jurisdiction, unless the court enters written 29 findings that by clear and convincing evidence the person's prospects for rehabilitation 30 are high and suspending judgment under this section adequately protects the victim of 31 the offense, if any, and the community;
01 (4) is charged with [CONVICTED OF] a violation of AS 11.41.230, 02 11.41.250, or a felony and the person has one or more prior convictions for a 03 misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or 04 another jurisdiction having similar elements to an offense defined as a misdemeanor in 05 AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall 06 be considered to have a prior conviction even if 07 (A) the charges were dismissed under this section; 08 (B) the conviction has been set aside under AS 12.55.085; or 09 (C) the charge or conviction was dismissed or set aside under 10 an equivalent provision of the laws of another jurisdiction; or 11 (5) is charged with [HAS BEEN CONVICTED OF] a crime 12 involving domestic violence, as defined in AS 18.66.990. 13 * Sec. 11. AS 12.55.090(c) is amended to read: 14 (c) The period of probation, together with any extension, may not exceed 15 (1) 15 years for a felony sex offense; 16 (2) 10 years for an unclassified felony under AS 11 not listed in (1) of 17 this subsection; 18 (3) five years for a felony offense not listed in (1) or (2) of this 19 subsection; 20 (4) three years for a misdemeanor offense 21 (A) under AS 11.41; 22 (B) that is a crime involving domestic violence; or 23 (C) that is a sex offense, as that term is defined in 24 AS 12.63.100; 25 (5) two years for a misdemeanor offense under AS 28.35.030 or 26 28.35.032, if the person has previously been convicted of an offense under 27 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another 28 jurisdiction; or 29 (6) one year for an offense not listed in (1) - (5) of this subsection. 30 * Sec. 12. AS 18.65.865(b) is amended to read: 31 (b) The Alaska Court System shall prepare forms for petitions and protective
01 orders and instructions for their use by a person seeking a protective order under 02 AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil 03 Procedure, except that information on the forms may be filled in by legible 04 handwriting. Filing fees may not be charged in any action seeking only the relief 05 provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the 06 following warning in boldface type: "Violation of this order may be a misdemeanor, 07 punishable by up to one year of incarceration and a fine of up to $25,000 [$10,000]." 08 * Sec. 13. AS 18.66.130(d) is amended to read: 09 (d) In addition to other required information contained in a protective order, 10 the order must include in bold face type the following statements: 11 (1) "Violation of this order may be a misdemeanor, punishable by up 12 to one year of incarceration and up to a $25,000 [$10,000] fine"; 13 (2) "If you are ordered to have no contact with the petitioner or to stay 14 away from the petitioner's residence, vehicle, or other place designated by the court, 15 an invitation by the petitioner to have the prohibited contact or to be present at or enter 16 the residence, vehicle, or other place does not in any way invalidate or nullify the 17 order." 18 * Sec. 14. AS 28.15.165(e) is amended to read: 19 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 20 license has been revoked under this section as a result of a refusal to submit to a 21 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 22 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 23 municipal ordinance in which the test produced a result described in 24 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 25 department shall rescind a revocation under this subsection if the department finds that 26 the person has supplied proof in a form satisfactory to the department that 27 (1) the person has been acquitted of driving while under the influence 28 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 29 similar municipal ordinance for the incident on which the revocation was based; or 30 (2) all criminal charges against the person for driving while under the 31 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit
01 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 02 the incident on which the revocation is based have been dismissed [WITHOUT 03 PREJUDICE]. 04 * Sec. 15. AS 29.25.070(g) is amended to read: 05 (g) If a municipality prescribes a penalty for a violation of a municipal 06 ordinance, including a violation under (a) of this section, and there is a comparable 07 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the 08 municipal ordinance, the municipality may not impose a greater punishment than that 09 imposed for a violation of the state crime [LAW]. This subsection applies to home 10 rule and general law municipalities. 11 * Sec. 16. AS 44.19.645(g) is amended to read: 12 (g) The Department of Corrections shall report quarterly to the working group 13 authorized in (b)(3) of this section. The report shall include the following information: 14 (1) data on pretrial decision making and outcomes, including 15 information on pretrial detainees admitted for a new criminal charge; detainees 16 released at any point before case resolution; time spent detained before first release or 17 case resolution; pretrial defendant risk level and charge; pretrial release 18 recommendations made by pretrial services officers; pretrial conditions imposed on 19 pretrial detainees by judicial officers, including amount of bail, and supervision 20 conditions; and information on pretrial outcomes, including whether or not the 21 defendant appeared in court or was re-arrested during the pretrial period; 22 (2) data on offenders admitted to the Department of Corrections for a 23 new criminal conviction, including the offense type, number of prior felony 24 convictions, sentence length, and length of stay; 25 (3) data on the population of the Department of Corrections, using a 26 one-day snapshot on the first day of the first month of each quarter, broken down by 27 type of admission, offense type, and risk level; 28 (4) data on offenders on probation supervised by the Department of 29 Corrections, including the total number of offenders supervised using a one-day 30 snapshot on the first month of each quarter; admissions to probation; assignments to a 31 program under AS 33.05.020(f); probation sentence length; time served on the
01 sentence; whether probation was successfully completed, any new convictions for a 02 felony offense, and any sentences to a term of imprisonment while on probation; 03 (5) data on parole, including the number of offenders supervised on 04 parole, using a one-day snapshot on the first month of each quarter; the number of 05 parole hearings; the parole grant rate and number of parolees released on 06 administrative, discretionary, and special medical parole; and information on parolees, 07 including time spent on parole, whether parole was successfully completed, any new 08 convictions for a new felony offense, and any sentences to a term of imprisonment 09 while on parole; 10 (6) data on the implementation of policies from the 2015 justice 11 reinvestment report, including the number and percentage of offenders who earn 12 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 13 and the total amount of credits earned; the average number of sanctions issued under 14 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 15 common violations of probation or parole; and 16 (7) data on probation and parole revocations, including information on 17 probationers and parolees admitted for a supervision violation pre-case and post-case 18 resolution; probationers and parolees admitted solely for a technical violation; 19 probationers and parolees admitted for a new arrest; the number of previous 20 revocations on the current sentence, if any; the length of time held pre-case resolution; 21 the length of time to case resolution; and the length of stay. 22 * Sec. 17. AS 47.37.040 is amended to read: 23 Sec. 47.37.040. Duties of department. The department shall 24 (1) develop, encourage, and foster statewide, regional, and local plans 25 and programs for the prevention of alcoholism and drug abuse and treatment of 26 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 27 public and private agencies, organizations, and individuals, and provide technical 28 assistance and consultation services for these purposes; 29 (2) coordinate the efforts and enlist the assistance of all public and 30 private agencies, organizations, and individuals interested in prevention of alcoholism, 31 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug
01 abusers, and inhalant abusers; 02 (3) cooperate with the Department of Corrections in establishing and 03 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 04 abusers, and inhalant abusers in or on parole from penal institutions; 05 (4) cooperate with the Department of Education and Early 06 Development, school boards, schools, police departments, courts, and other public and 07 private agencies, organizations, and individuals in establishing programs for the 08 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 09 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 10 materials for use at all levels of school education; 11 (5) prepare, publish, evaluate, and disseminate educational material 12 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 13 volatile substances; 14 (6) develop and implement, as an integral part of treatment programs, 15 an educational program for use in the treatment of alcoholics, intoxicated persons, 16 drug abusers, and inhalant abusers that includes the dissemination of information 17 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 18 (7) organize and foster training programs for all persons engaged in 19 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 20 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 21 abuse workers; 22 (8) sponsor and encourage research into the causes and nature of 23 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 24 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 25 for information relating to alcoholism, drug abuse, and inhalant abuse; 26 (9) specify uniform methods for keeping statistical information by 27 public and private agencies, organizations, and individuals, and collect and make 28 available relevant statistical information, including number of persons treated, 29 frequency of admission and readmission, and frequency and duration of treatment; 30 (10) conduct program planning activities approved by the Advisory 31 Board on Alcoholism and Drug Abuse;
01 (11) review all state health, welfare, and treatment plans to be 02 submitted for federal funding, and advise the commissioner on provisions to be 03 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 04 abusers; 05 (12) assist in the development of, and cooperate with, alcohol, drug 06 abuse, and inhalant abuse education and treatment programs for employees of state 07 and local governments and businesses and industries in the state; 08 (13) use the support and assistance of interested persons in the 09 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 10 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 11 treatment; 12 (14) cooperate with the Department of Public Safety and the 13 Department of Transportation and Public Facilities in establishing and conducting 14 programs designed to deal with the problem of persons operating motor vehicles while 15 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 16 develop and approve alcohol information courses required to be taken by drivers under 17 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 18 laws; 19 (15) encourage hospitals and other appropriate health facilities to 20 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 21 inhalant abusers and to provide them with adequate and appropriate treatment; 22 (16) encourage all health insurance programs to include alcoholism 23 and drug abuse as a covered illness; 24 (17) prepare an annual report covering the activities of the department 25 and notify the legislature that the report is available; 26 (18) develop and implement a training program on alcoholism and 27 drug abuse for employees of state and municipal governments, and private institutions; 28 (19) develop curriculum materials on drug and alcohol abuse and the 29 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 30 well as a course of instruction for teachers to be charged with presenting the 31 curriculum;
01 (20) develop and implement or designate, in cooperation with other 02 state or local agencies, a juvenile alcohol safety action program that provides alcohol 03 and substance abuse screening, referral, and monitoring of persons under 18 years of 04 age who have been referred to it by 05 (A) a court in connection with a charge or conviction of a 06 violation or misdemeanor related to the use of alcohol or a controlled 07 substance; 08 (B) the agency responsible for the administration of motor 09 vehicle laws in connection with a license action related to the use of alcohol or 10 a controlled substance; or 11 (C) department staff after a delinquency adjudication that is 12 related to the use of alcohol or a controlled substance; 13 (21) develop and implement, or designate, in cooperation with other 14 state or local agencies, an alcohol safety action program that provides services to 15 persons who have been referred by a court under AS 04.16.049, 04.16.050, 16 AS 28.35.028, 28.35.030, or 28.35.032, or referred by an agency of the state with the 17 responsibility for administering motor vehicle laws in connection with a driver's 18 license action involving the use of alcohol or a controlled substance; 19 (22) whenever possible, apply evidence-based, research-based, and 20 consensus-based substance abuse and co-occurring substance abuse and mental health 21 disorders treatment practices and remove barriers that prevent the use of those 22 practices; 23 (23) collaborate with first responders, hospitals, schools, primary care 24 providers, developmental disability treatment providers, law enforcement, corrections, 25 attorneys, the Alaska Court System, community behavioral treatment providers, 26 Alaska Native organizations, and federally funded programs in implementing 27 programs for co-occurring substance abuse and mental health disorders treatment. 28 * Sec. 18. AS 33.16.120(h) is repealed. 29 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) The following sections apply to offenses committed on or after
01 the effective date of those sections: 02 (1) AS 11.46.280(d), as amended by sec. 1 of this Act; 03 (2) AS 11.46.285(b), as amended by sec. 2 of this Act; 04 (3) AS 11.46.730(c), as amended by sec. 3 of this Act; and 05 (4) AS 11.71.050(a), as amended by sec. 4 of this Act. 06 (b) AS 12.55.078(a), as amended by sec. 8 of this Act, AS 12.55.078(d), as amended 07 by sec. 9 of this Act, and AS 12.55.078(f), as amended by sec. 10 of this Act, apply to 08 prosecutions occurring on or after the effective date of secs. 8 - 10 of this Act, for offenses 09 committed before, on, or after the effective date of secs. 8 - 10 of this Act. 10 (c) AS 12.55.090(c), as amended by sec. 11 of this Act, applies to probation ordered 11 on or after the effective date of sec. 11 of this Act for offenses committed before, on, or after 12 the effective date of sec. 11 of this Act. 13 (d) AS 28.15.165(e), as amended by sec. 14 of this Act, applies to a revocation of a 14 driver's license, privilege to drive, or privilege to obtain a license, or to an identification card 15 or driver's license issued to a parolee, occurring before, on, or after the effective date of sec. 16 14 of this Act for conduct occurring before, on, or after the effective date of sec. 14 of this 17 Act. 18 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY OF SECS. 148 AND 151, CH. 36, SLA 2016. (a) Nothing in the 21 provisions of AS 33.16.220(i) may be construed as invalidating a decision of the Board of 22 Parole, issued before January 1, 2017, that extended the period of supervision beyond the 23 maximum release date on the original sentence. 24 (b) Nothing in the provisions of AS 33.16.270 may be construed as applying to credit 25 for time served on parole before January 1, 2017. 26 * Sec. 21. This Act takes effect immediately under AS 01.10.070(c).