SB 127: "An Act relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; providing for an effective date by repealing sec. 193, ch. 36, SLA 2016, sec. 79, ch. 1, 4SSLA 2017, sec. 81, ch. 1, 4SSLA 2017, and sec. 83, ch. 1, 4SSLA 2017; and providing for an effective date."
00 SENATE BILL NO. 127 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to victims of criminal offenses; relating to probation; relating to sentencing; 03 relating to treatment program credit for time spent toward service of a sentence of 04 imprisonment; relating to the Violent Crimes Compensation Board; relating to 05 permanent fund dividends; relating to electronic monitoring; relating to penalties for 06 violating municipal ordinances; relating to parole; relating to community work service; 07 relating to revocation, termination, suspension, cancellation, or restoration of a driver's 08 license; relating to the duties of the commissioner of corrections; relating to the duties of 09 the Department of Health and Social Services; relating to civil in rem forfeiture actions; 10 providing for an effective date by repealing sec. 193, ch. 36, SLA 2016, sec. 79, ch. 1, 11 4SSLA 2017, sec. 81, ch. 1, 4SSLA 2017, and sec. 83, ch. 1, 4SSLA 2017; and providing 12 for an effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 04.16.160(a) is amended to read: 03 (a) Except as otherwise provided by law, a person who is 21 years of age or 04 older may not purchase alcoholic beverages if the person has been ordered to refrain 05 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 06 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 07 municipal ordinance or [,] as a condition of probation or parole from a conviction 08 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A 09 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The 10 restriction on purchasing alcoholic beverages applies during the period that the person 11 is required to refrain from consuming alcoholic beverages under the sentence or 12 condition of probation or parole. 13 * Sec. 2. AS 11.41.110(a) is amended to read: 14 (a) A person commits the crime of murder in the second degree if 15 (1) with intent to cause serious physical injury to another person or 16 knowing that the conduct is substantially certain to cause death or serious physical 17 injury to another person, the person causes the death of any person; 18 (2) the person knowingly engages in conduct that results in the death 19 of another person under circumstances manifesting an extreme indifference to the 20 value of human life; 21 (3) under circumstances not amounting to murder in the first degree 22 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 23 person commits or attempts to commit arson in the first degree, kidnapping, sexual 24 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 25 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 26 degree, escape in the first or second degree, robbery in any degree, or misconduct 27 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 28 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 29 and, in the course of or in furtherance of that crime or in immediate flight from that 30 crime, any person causes the death of a person other than one of the participants; 31 (4) acting with a criminal street gang, the person commits or attempts
01 to commit a crime that is a felony and, in the course of or in furtherance of that crime 02 or in immediate flight from that crime, any person causes the death of a person other 03 than one of the participants; or 04 (5) the person with criminal negligence causes the death of a child 05 under the age of 16, and the person has been previously convicted of a crime involving 06 a child under the age of 16 that was 07 (A) a felony violation of AS 11.41; 08 (B) in violation of a law or ordinance in another jurisdiction 09 with elements similar to a felony under AS 11.41; or 10 (C) an attempt, a solicitation, or a conspiracy to commit a 11 crime listed in (A) or (B) of this paragraph. 12 * Sec. 3. AS 11.41.150(a) is amended to read: 13 (a) A person commits the crime of murder of an unborn child if the person 14 (1) with intent to cause the death of an unborn child or of another 15 person, causes the death of an unborn child; 16 (2) with intent to cause serious physical injury to an unborn child or to 17 another person or knowing that the conduct is substantially certain to cause death or 18 serious physical injury to an unborn child or to another person, causes the death of an 19 unborn child; 20 (3) while acting alone or with one or more persons, commits or 21 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 22 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 23 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 24 first or second degree, robbery in any degree, or misconduct involving a controlled 25 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 26 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 27 in furtherance of that crime or in immediate flight from that crime, any person causes 28 the death of an unborn child; 29 (4) knowingly engages in conduct that results in the death of an unborn 30 child under circumstances manifesting an extreme indifference to the value of human 31 life; for purposes of this paragraph, a pregnant woman's decision to remain in a
01 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 02 does not constitute conduct manifesting an extreme indifference to the value of human 03 life. 04 * Sec. 4. AS 11.46.130(a) is amended to read: 05 (a) A person commits the crime of theft in the second degree if the person 06 commits theft as defined in AS 11.46.100 and 07 (1) the value of the property or services [, ADJUSTED FOR 08 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 09 $25,000; 10 (2) the property is a firearm or explosive; 11 (3) the property is taken from the person of another; 12 (4) the property is taken from a vessel and is vessel safety or survival 13 equipment; 14 (5) the property is taken from an aircraft and the property is aircraft 15 safety or survival equipment; 16 (6) the value of the property [, ADJUSTED FOR INFLATION AS 17 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 18 preceding five years, the person has been convicted and sentenced on two or more 19 separate occasions in this or another jurisdiction of 20 (A) an offense under AS 11.46.120, or an offense under 21 another law or ordinance with similar elements; 22 (B) a crime set out in this subsection or an offense under 23 another law or ordinance with similar elements; 24 (C) an offense under AS 11.46.140(a)(1), or an offense under 25 another law or ordinance with similar elements; or 26 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 27 offense under another law or ordinance with similar elements; or 28 (7) the property is an access device 29 * Sec. 5. AS 11.46.140(a) is amended to read: 30 (a) A person commits the crime of theft in the third degree if the person 31 commits theft as defined in AS 11.46.100 and
01 (1) the value of the property or services [, ADJUSTED FOR 02 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 03 or 04 (2) [REPEALED] 05 (3) [REPEALED] 06 (4) the value of the property is less than $250 and, within the preceding 07 five years, the person has been convicted and sentenced on three or more separate 08 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 09 offense under another law or ordinance with similar elements. 10 * Sec. 6. AS 11.46.150(a) is amended to read: 11 (a) A person commits the crime of theft in the fourth degree if the person 12 commits theft as defined in AS 11.46.100 and the value of the property or services [, 13 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 14 * Sec. 7. AS 11.46.220(c) is amended to read: 15 (c) Concealment of merchandise is 16 (1) a class C felony if 17 (A) the merchandise is a firearm; 18 (B) the value of the merchandise [, ADJUSTED FOR 19 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 20 (C) the value of the merchandise [, ADJUSTED FOR 21 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 22 $750 and, within the preceding five years, the person has been convicted and 23 sentenced on two or more separate occasions in this or another jurisdiction of 24 (i) the offense of concealment of merchandise under 25 this paragraph or (2)(A) of this subsection, or an offense under another 26 law or ordinance with similar elements; or 27 (ii) an offense under AS 11.46.120, 11.46.130, or 28 11.46.140(a)(1), or an offense under another law or ordinance with 29 similar elements; 30 (2) a class A misdemeanor if 31 (A) the value of the merchandise [, ADJUSTED FOR
01 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 02 $750; or 03 (B) [REPEALED] 04 (C) the value of the merchandise is less than $250 and, within 05 the preceding five years, the person has been convicted and sentenced on three 06 or more separate occasions of the offense of concealment of merchandise or 07 theft in any degree, or an offense under another law or ordinance with similar 08 elements; 09 (3) a class B misdemeanor if the value of the merchandise [, 10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 11 * Sec. 8. AS 11.46.260(b) is amended to read: 12 (b) Removal of identification marks is 13 (1) a class C felony if the value of the property on which the serial 14 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 15 PROVIDED IN AS 11.46.982,] is $750 or more; 16 (2) a class A misdemeanor if the value of the property on which the 17 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 18 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 19 (3) a class B misdemeanor if the value of the property on which the 20 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 21 PROVIDED IN AS 11.46.982,] is less than $250. 22 * Sec. 9. AS 11.46.270(b) is amended to read: 23 (b) Unlawful possession is 24 (1) a class C felony if the value of the property on which the serial 25 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 26 PROVIDED IN AS 11.46.982,] is $750 or more; 27 (2) a class A misdemeanor if the value of the property on which the 28 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 30 (3) a class B misdemeanor if the value of the property on which the 31 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
01 PROVIDED IN AS 11.46.982,] is less than $250. 02 * Sec. 10. AS 11.46.280(d) is amended to read: 03 (d) Issuing a bad check is 04 (1) a class B felony if the face amount of the check is $25,000 or more; 05 (2) a class C felony if the face amount of the check [, ADJUSTED 06 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 07 $25,000; 08 (3) a class A misdemeanor if the face amount of the check [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 10 but less than $750; 11 (4) a class B misdemeanor if the face amount of the check [, 12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 13 * Sec. 11. AS 11.46.285(b) is amended to read: 14 (b) Fraudulent use of an access device is 15 (1) a class B felony if the value of the property or services obtained is 16 $25,000 or more; 17 (2) a class C felony if the value of the property or services obtained [, 18 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more 19 but less than $25,000; 20 (3) a class A misdemeanor if the value of the property or services 21 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 22 than $750. 23 * Sec. 12. AS 11.46.295 is amended to read: 24 Sec. 11.46.295. Prior convictions. For purposes of considering prior 25 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 26 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 27 AS 11.46.220(c), 28 (1) a conviction for an offense under another law or ordinance with 29 similar elements is a conviction of an offense having elements similar to those of an 30 offense defined as such under Alaska law at the time the offense was committed; 31 (2) a conviction for an offense under Alaska law where the value of the
01 property or services for the offense was lower than the value of property or services 02 for the offense under current Alaska law is a prior conviction for that offense; and 03 (3) the court shall consider the date of a prior conviction as occurring 04 on the date that sentence is imposed for the prior offense. 05 * Sec. 13. AS 11.46.360(a) is amended to read: 06 (a) A person commits the crime of vehicle theft in the first degree if, having 07 no right to do so or any reasonable ground to believe the person has such a right, the 08 person drives, tows away, or takes 09 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 10 of another; 11 (2) the propelled vehicle of another and 12 (A) the vehicle or any other property of another is damaged in a 13 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 14 AS 11.46.982,] of $750 or more; 15 (B) the owner incurs reasonable expenses as a result of the loss 16 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 17 PROVIDED IN AS 11.46.982,] of $750 or more; or 18 (C) the owner is deprived of the use of the vehicle for seven 19 days or more; 20 (3) the propelled vehicle of another and the vehicle is marked as a 21 police or emergency vehicle; or 22 (4) the propelled vehicle of another and, within the preceding seven 23 years, the person was convicted under 24 (A) this section or AS 11.46.365; 25 (B) former AS 11.46.482(a)(4) or (5); 26 (C) former AS 11.46.484(a)(2); 27 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 28 of a propelled vehicle; or 29 (E) a law or ordinance of this or another jurisdiction with 30 elements substantially similar to those of an offense described in (A) - (D) of 31 this paragraph.
01 * Sec. 14. AS 11.46.420(a) is amended to read: 02 (a) A person commits the crime of arson in the third degree if the person 03 intentionally damages a motor vehicle 04 [(1)] by starting a fire or causing an explosion while that vehicle is 05 located on state or municipal [PUBLIC] land [; OR 06 (2) THAT IS THE PROPERTY OF ANOTHER PERSON BY 07 STARTING A FIRE OR CAUSING AN EXPLOSION WHILE THAT VEHICLE IS 08 LOCATED ON PRIVATE PROPERTY]. 09 * Sec. 15. AS 11.46.460 is amended to read: 10 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 11 the crime [OFFENSE] of disregard of a highway obstruction if, without the right to do 12 so or a reasonable ground to believe the person has the right, the person 13 (1) drives a vehicle through, over, or around an obstruction erected on 14 a highway under authority of AS 19.10.100; or 15 (2) opens an obstruction erected on a highway under authority of 16 AS 19.10.100. 17 (b) Violation of this section is a class B misdemeanor [VIOLATION 18 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 19 * Sec. 16. AS 11.46.482(a) is amended to read: 20 (a) A person commits the crime of criminal mischief in the third degree if, 21 having no right to do so or any reasonable ground to believe the person has such a 22 right, 23 (1) with intent to damage property of another, the person damages 24 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 25 IN AS 11.46.982,] of $750 or more; 26 (2) the person recklessly creates a risk of damage in an amount 27 exceeding $100,000 to property of another by the use of widely dangerous means; or 28 (3) the person knowingly 29 (A) defaces, damages, or desecrates a cemetery or the contents 30 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 31 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or
01 memorial appears to be abandoned, lost, or neglected; 02 (B) removes human remains or associated burial artifacts from 03 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 04 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 05 * Sec. 17. AS 11.46.484(a) is amended to read: 06 (a) A person commits the crime of criminal mischief in the fourth degree if, 07 having no right to do so or any reasonable ground to believe the person has such a 08 right, 09 (1) with intent to damage property of another, the person damages 10 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 11 IN AS 11.46.982,] of $250 or more but less than $750; 12 (2) the person tampers with a fire protection device in a building that is 13 a public place; 14 (3) the person knowingly accesses a computer, computer system, 15 computer program, computer network, or part of a computer system or network; 16 (4) the person uses a device to descramble an electronic signal that has 17 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 18 device is used only to descramble signals received directly from a satellite or unless 19 the person owned the device before September 18, 1984; or 20 (5) the person knowingly removes, relocates, defaces, alters, obscures, 21 shoots at, destroys, or otherwise tampers with an official traffic control device or 22 damages the work on a highway under construction. 23 * Sec. 18. AS 11.46.486(a) is amended to read: 24 (a) A person commits the crime of criminal mischief in the fifth degree if, 25 having no right to do so or any reasonable ground to believe the person has such a 26 right, 27 (1) with reckless disregard for the risk of harm to or loss of the 28 property or with intent to cause substantial inconvenience to another, the person 29 tampers with property of another; 30 (2) with intent to damage property of another, the person damages 31 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED
01 IN AS 11.46.982,] less than $250; or 02 (3) the person rides in a propelled vehicle and, with criminal 03 negligence, disregards the fact that it has been stolen or that it is being used in 04 violation of AS 11.46.360 or 11.46.365(a)(1). 05 * Sec. 19. AS 11.46.530(b) is amended to read: 06 (b) Criminal simulation is 07 (1) a class C felony if the value of what the object purports to represent 08 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 09 more; 10 (2) a class A misdemeanor if the value of what the object purports to 11 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 12 $250 or more but less than $750; 13 (3) a class B misdemeanor if the value of what the object purports to 14 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 15 than $250. 16 * Sec. 20. AS 11.46.620(d) is amended to read: 17 (d) Misapplication of property is 18 (1) a class C felony if the value of the property misapplied [, 19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 20 (2) a class A misdemeanor if the value of the property misapplied [, 21 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 22 * Sec. 21. AS 11.46.730(c) is amended to read: 23 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 24 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 25 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 26 defendant's conduct, in which case defrauding secured creditors is 27 (1) a class B felony if the loss is $25,000 or more; 28 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 30 * Sec. 22. AS 11.56.730(a) is amended to read: 31 (a) A person commits the crime [OFFENSE] of failure to appear if the person
01 (1) is released under the provisions of AS 12.30; 02 (2) knows that the person is required to appear before a court or 03 judicial officer at the time and place of a scheduled hearing; and 04 (3) with criminal negligence does not appear before the court or 05 judicial officer at the time and place of the scheduled hearing. 06 * Sec. 23. AS 11.56.730(d) is amended to read: 07 (d) Failure to appear is a 08 (1) class C felony if the person was released in connection with a 09 charge of a felony or while awaiting sentence or appeal after conviction of a felony 10 [AND THE PERSON 11 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 12 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 13 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 14 HEARING; OR 15 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 16 SCHEDULED HEARING TO AVOID PROSECUTION]; 17 (2) class A misdemeanor if the person was released in connection with 18 a 19 (A) charge of a misdemeanor, while awaiting sentence or 20 appeal after conviction of a misdemeanor; or 21 (B) [, OR IN CONNECTION WITH A] requirement to appear 22 as a material witness in a criminal proceeding [, AND THE PERSON 23 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 24 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 25 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 26 HEARING; OR 27 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 28 SCHEDULED HEARING TO AVOID PROSECUTION; OR 29 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 30 * Sec. 24. AS 11.56.757(b) is amended to read: 31 (b) Violation of condition of release is a
01 (1) class A misdemeanor if the person is released from a charge or 02 conviction of a felony; 03 (2) class B misdemeanor if the person is released from a charge or 04 conviction of a misdemeanor. 05 * Sec. 25. AS 11.61.110(c) is amended to read: 06 (c) Disorderly conduct is a class B misdemeanor and is punishable as 07 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 08 be for a definite term of not more than 10 days. 09 * Sec. 26. AS 11.61.145(d) is amended to read: 10 (d) Promoting an exhibition of fighting animals 11 (1) under (a)(1) or (2) of this section is a class C felony; 12 (2) under (a)(3) of this section is 13 [(A)] a violation 14 [(i)] for the first offense, a class B misdemeanor [; 15 (ii) PUNISHABLE BY A FINE OF NOT MORE 16 THAN $1,000] for the second offense, [;] and 17 [(B)] a class A misdemeanor for the third and each subsequent 18 offense. 19 * Sec. 27. AS 11.61.150(a) is amended to read: 20 (a) A person commits the crime [OFFENSE] of obstruction of highways if the 21 person knowingly 22 (1) places, drops, or permits to drop on a highway any substance that 23 creates a substantial risk of physical injury to others using the highway; or 24 (2) renders a highway impassable or passable only with unreasonable 25 inconvenience or hazard. 26 * Sec. 28. AS 11.61.150(c) is amended to read: 27 (c) Obstruction of highways is a class B misdemeanor [VIOLATION 28 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 29 * Sec. 29. AS 11.66.110(a) is amended to read: 30 (a) A person commits the crime of sex trafficking in the first degree if the 31 person
01 (1) induces or causes a [ANOTHER] person to engage in prostitution 02 through the use of force; 03 (2) as other than a patron of a prostitute, induces or causes a 04 [ANOTHER] person [WHO IS] under 20 years of age to engage in prostitution; or 05 (3) induces or causes a person in that person's legal custody to engage 06 in prostitution. 07 * Sec. 30. AS 11.66.130(a) is amended to read: 08 (a) A person commits the crime of sex trafficking in the third degree if, with 09 intent to promote prostitution, the person 10 (1) [RECEIVES COMPENSATION FOR PROSTITUTION 11 SERVICES RENDERED BY ANOTHER; AND 12 (2) WITH THE INTENT TO PROMOTE PROSTITUTION, 13 (A)] manages, supervises, controls, or owns, either alone or in 14 association with others, a place of prostitution; 15 (2) [(B)] as other than a patron of a prostitute, induces or causes a 16 [ANOTHER] person who is 20 years of age or older to engage in prostitution; 17 (3) as other than a prostitute receiving compensation for 18 personally rendered prostitution services, [(C)] receives or agrees to receive money 19 or other property under an agreement or understanding that the money or other 20 property is derived from prostitution; or 21 (4) [(D)] engages in conduct that institutes, aids, or facilitates a 22 prostitution enterprise. 23 * Sec. 31. AS 11.66.135(a) is amended to read: 24 (a) A person commits the crime of sex trafficking in the fourth degree if the 25 person 26 [(1) RECEIVES COMPENSATION FOR PROSTITUTION 27 SERVICES RENDERED BY ANOTHER; AND 28 (2)] engages in conduct that institutes, aids, or facilitates prostitution 29 under circumstances not proscribed under AS 11.66.130(a)(4) 30 [AS 11.66.130(a)(2)(D)]. 31 * Sec. 32. AS 11.66.200(c) is amended to read:
01 (c) Gambling is a violation 02 [(1)] for the first offense. Gambling is a class B misdemeanor [; 03 (2) PUNISHABLE BY A FINE OF NOT MORE THAN $1,000] for 04 the second and each subsequent offense. 05 * Sec. 33. AS 11.71 is amended by adding a new section to read: 06 Sec. 11.71.021. Misconduct involving a controlled substance in the second 07 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the second degree if the person 09 (1) manufactures or delivers any amount of a schedule IA controlled 10 substance or possesses any amount of a schedule IA controlled substance with intent 11 to manufacture or deliver; 12 (2) manufactures any material, compound, mixture, or preparation that 13 contains 14 (A) methamphetamine, or its salts, isomers, or salts of isomers; 15 or 16 (B) an immediate precursor of methamphetamine, or its salts, 17 isomers, or salts of isomers; 18 (3) possesses an immediate precursor of methamphetamine, or the 19 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 20 with the intent to manufacture any material, compound, mixture, or preparation that 21 contains methamphetamine, or its salts, isomers, or salts of isomers; 22 (4) possesses a listed chemical with intent to manufacture any material, 23 compound, mixture, or preparation that contains 24 (A) methamphetamine, or its salts, isomers, or salts of isomers; 25 or 26 (B) an immediate precursor of methamphetamine, or its salts, 27 isomers, or salts of isomers; 28 (5) possesses methamphetamine in an organic solution with intent to 29 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 30 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 31 delivers
01 (A) an immediate precursor of methamphetamine, or the salts, 02 isomers, or salts of isomers of the immediate precursor of methamphetamine, 03 to another person with reckless disregard that the precursor will be used to 04 manufacture any material, compound, mixture, or preparation that contains 05 methamphetamine, or its salts, isomers, or salts of isomers; or 06 (B) a listed chemical to another person with reckless disregard 07 that the listed chemical will be used to manufacture any material, compound, 08 mixture, or preparation that contains 09 (i) methamphetamine, or its salts, isomers, or salts of 10 isomers; 11 (ii) an immediate precursor of methamphetamine, or its 12 salts, isomers, or salts of isomers; or 13 (iii) methamphetamine or its salts, isomers, or salts of 14 isomers in an organic solution. 15 (b) In a prosecution under (a) of this section, possession of more than six 16 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 17 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 18 the person intended to use the listed chemicals to manufacture, to aid or abet another 19 person to manufacture, or to deliver to another person who intends to manufacture 20 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 21 of methamphetamine or its immediate precursors. The prima facie evidence described 22 in this subsection does not apply to a person who possesses 23 (1) the listed chemicals ephedrine, pseudoephedrine, 24 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 25 (A) and the listed chemical was dispensed to the person under a 26 valid prescription; or 27 (B) in the ordinary course of a legitimate business, or an 28 employee of a legitimate business, as a 29 (i) retailer or as a wholesaler; 30 (ii) wholesale drug distributor licensed by the Board of 31 Pharmacy;
01 (iii) manufacturer of drug products licensed by the 02 Board of Pharmacy; 03 (iv) pharmacist licensed by the Board of Pharmacy; or 04 (v) health care professional licensed by the state; or 05 (2) less than 24 grams of ephedrine, pseudoephedrine, 06 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 07 kept in a locked storage area on the premises of a legitimate business or nonprofit 08 organization operating a camp, lodge, school, day care center, treatment center, or 09 other organized group activity, and the location or nature of the activity, or the age of 10 the participants, makes it impractical for the participants in the activity to obtain 11 medicinal products. 12 (c) In this section, "listed chemical" means a chemical described under 13 AS 11.71.200. 14 (d) Misconduct involving a controlled substance in the second degree is a 15 class A felony. 16 * Sec. 34. AS 11.71.030(a) is amended to read: 17 (a) Except as authorized in AS 17.30, a person commits the crime of 18 misconduct involving a controlled substance in the third [SECOND] degree if the 19 person 20 (1) manufactures or delivers, or possesses with intent to manufacture 21 or deliver, 22 (A) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of one gram or more containing a schedule 24 IA controlled substance; 25 (B) 25 or more tablets, ampules, or syrettes containing a 26 schedule IA controlled substance; 27 (C) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of 2.5 grams or more containing a schedule 29 IIA or IIIA controlled substance; or 30 (D) 50 or more tablets, ampules, or syrettes containing a 31 schedule IIA or IIIA controlled substance;
01 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 02 substance to a person under 19 years of age who is at least three years younger than 03 the person delivering the substance; 04 (3) possesses any amount of a schedule IA or IIA controlled substance 05 (A) with reckless disregard that the possession occurs 06 (i) on or within 500 feet of school grounds; or 07 (ii) at or within 500 feet of a recreation or youth center; 08 or 09 (B) on a school bus; 10 (4) manufactures any material, compound, mixture, or preparation that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts, 15 isomers, or salts of isomers; 16 (5) possesses an immediate precursor of methamphetamine, or the 17 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 18 with the intent to manufacture any material, compound, mixture, or preparation that 19 contains methamphetamine, or its salts, isomers, or salts of isomers; 20 (6) possesses a listed chemical with intent to manufacture any material, 21 compound, mixture, or preparation that contains 22 (A) methamphetamine, or its salts, isomers, or salts of isomers; 23 or 24 (B) an immediate precursor of methamphetamine, or its salts, 25 isomers, or salts of isomers; 26 (7) possesses methamphetamine in an organic solution with intent to 27 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 28 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 29 delivers 30 (A) an immediate precursor of methamphetamine, or the salts, 31 isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 to another person with reckless disregard that the precursor will be used to 02 manufacture any material, compound, mixture, or preparation that contains 03 methamphetamine, or its salts, isomers, or salts of isomers; or 04 (B) a listed chemical to another person with reckless disregard 05 that the listed chemical will be used to manufacture any material, compound, 06 mixture, or preparation that contains 07 (i) methamphetamine, or its salts, isomers, or salts of 08 isomers; 09 (ii) an immediate precursor of methamphetamine, or its 10 salts, isomers, or salts of isomers; or 11 (iii) methamphetamine or its salts, isomers, or salts of 12 isomers in an organic solution; or 13 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 14 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 15 substance or possesses any amount of a schedule IIA or IIIA controlled substance 16 with intent to manufacture or deliver. 17 * Sec. 35. AS 11.71.030(d) is amended to read: 18 (d) Misconduct involving a controlled substance in the third [SECOND] 19 degree is a class B felony. 20 * Sec. 36. AS 11.71.040(a) is amended to read: 21 (a) Except as authorized in AS 17.30, a person commits the crime of 22 misconduct involving a controlled substance in the fourth [THIRD] degree if the 23 person 24 (1) manufactures or delivers any amount of a schedule IVA or VA 25 controlled substance or possesses any amount of a schedule IVA or VA controlled 26 substance with intent to manufacture or deliver; 27 (2) 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 one ounce or more containing a schedule VIA controlled 30 substance; 31 (3) possesses
01 (A) any amount of a 02 (i) schedule IA controlled substance [LISTED IN 03 AS 11.71.140(e)]; 04 (ii) IIA controlled substance except a controlled 05 substance listed in AS 11.71.150(e)(11) - (15); 06 (B) 25 or more tablets, ampules, or syrettes containing a 07 schedule IIIA or IVA controlled substance; 08 (C) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of 10 (i) three grams or more containing a schedule IIIA 11 or IVA controlled substance except a controlled substance in a 12 form listed in (ii) of this subparagraph; 13 (ii) 12 grams or more containing a schedule IIIA 14 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 15 sprayed on or otherwise applied to tobacco, an herb, or another 16 organic material; or 17 (iii) 500 milligrams or more of a schedule IIA 18 controlled substance listed in AS 11.71.150(e)(11) - (15); 19 (D) 50 or more tablets, ampules, or syrettes containing a 20 schedule VA controlled substance; 21 (E) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of six grams or more containing a 23 schedule VA controlled substance; 24 (F) one or more preparations, compounds, mixtures, or 25 substances of an aggregate weight of four ounces or more containing a 26 schedule VIA controlled substance; or 27 (G) 25 or more plants of the genus cannabis; 28 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 29 (A) with reckless disregard that the possession occurs 30 (i) on or within 500 feet of school grounds; or 31 (ii) at or within 500 feet of a recreation or youth center;
01 or 02 (B) on a school bus; 03 (5) knowingly keeps or maintains any store, shop, warehouse, 04 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 05 keeping or distributing controlled substances in violation of a felony offense under this 06 chapter or AS 17.30; 07 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 08 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 09 mark, imprint, or device of another or any likeness of any of these on a drug, drug 10 container, or labeling so as to render the drug a counterfeit substance; 11 (7) knowingly uses in the course of the manufacture or distribution of a 12 controlled substance a registration number that is fictitious, revoked, suspended, or 13 issued to another person; 14 (8) knowingly furnishes false or fraudulent information in or omits 15 material information from any application, report, record, or other document required 16 to be kept or filed under AS 17.30; 17 (9) obtains possession of a controlled substance by misrepresentation, 18 fraud, forgery, deception, or subterfuge; 19 (10) affixes a false or forged label to a package or other container 20 containing any controlled substance; or 21 (11) manufactures or delivers, or possesses with the intent to 22 manufacture or deliver, 23 (A) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of less than one gram containing a schedule 25 IA controlled substance; 26 (B) less than 25 tablets, ampules, or syrettes containing a 27 schedule IA controlled substance; 28 (C) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of less than 2.5 grams containing a schedule 30 IIA or IIIA controlled substance; or 31 (D) less than 50 tablets, ampules, or syrettes containing a
01 schedule IIA or IIIA controlled substance. 02 * Sec. 37. AS 11.71.040(d) is amended to read: 03 (d) Misconduct involving a controlled substance in the fourth [THIRD] 04 degree is a class C felony. 05 * Sec. 38. AS 11.71.050 is amended to read: 06 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 07 [FOURTH] degree. (a) Except as authorized in AS 17.30, a person commits the 08 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if 09 the person 10 (1) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 12 of an aggregate weight of less than one ounce containing a schedule VIA controlled 13 substance; 14 (2) [REPEALED] 15 (3) fails to make, keep, or furnish any record, notification, order form, 16 statement, invoice, or information required under AS 17.30; [OR] 17 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 18 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a 19 schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance; or 20 (5) possesses 21 (A) less than 25 tablets, ampules, or syrettes containing a 22 schedule IIIA or IVA controlled substance; 23 (B) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of less than 25 (i) three grams containing a schedule IIIA or IVA 26 controlled substance except a controlled substance in a form listed 27 in (ii) of this subparagraph; 28 (ii) 12 grams but more than six grams containing a 29 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 30 (16) that has been sprayed on or otherwise applied to tobacco, an 31 herb, or another organic material; or
01 (iii) 500 milligrams containing a schedule IIA 02 controlled substance listed in AS 11.71.150(e)(11) - (15); 03 (C) less than 50 tablets, ampules, or syrettes containing a 04 schedule VA controlled substance; 05 (D) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than six grams containing a 07 schedule VA controlled substance; or 08 (E) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of one ounce or more containing a 10 schedule VIA controlled substance. 11 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 12 degree is a class A misdemeanor. 13 * Sec. 39. AS 11.71.060 is amended to read: 14 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 15 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the sixth [FIFTH] degree if the person 17 (1) uses or displays any amount of a schedule VIA controlled 18 substance; 19 (2) possesses one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of 21 (A) less than one ounce containing a schedule VIA controlled 22 substance; 23 (B) six grams or less containing a schedule IIIA controlled 24 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 25 otherwise applied to tobacco, an herb, or another organic material; or 26 (3) refuses entry into a premise for an inspection authorized under 27 AS 17.30. 28 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 29 is a class B misdemeanor. 30 * Sec. 40. AS 11.71.311(a) is amended to read: 31 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3),
01 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if 02 that person 03 (1) sought, in good faith, medical or law enforcement assistance for 04 another person who the person reasonably believed was experiencing a drug overdose 05 and 06 (A) the evidence supporting the prosecution for an offense 07 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 08 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 09 result of the person seeking medical or law enforcement assistance; 10 (B) the person remained at the scene with the other person until 11 medical or law enforcement assistance arrived; and 12 (C) the person cooperated with medical or law enforcement 13 personnel, including by providing identification; 14 (2) was experiencing a drug overdose and sought medical assistance, 15 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 16 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) 17 was obtained as a result of the overdose and the need for medical assistance. 18 * Sec. 41. AS 12.25.150(a) is amended to read: 19 (a) A person arrested shall be taken before a judge or magistrate without 20 unnecessary delay, and in any event within 48 [24] hours after arrest, [ABSENT 21 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 22 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 23 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 24 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 25 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 26 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 27 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 28 ARREST.] This requirement applies to municipal police officers to the same extent as 29 it does to state troopers. 30 * Sec. 42. AS 12.25.180(a) is amended to read: 31 (a) When a peace officer stops or contacts a person for the commission of [A
01 CLASS C FELONY OFFENSE,] a misdemeanor [,] or the violation of a municipal 02 ordinance, the officer may, in the officer's discretion, issue a citation to the person 03 instead of taking the person before a judge or magistrate under AS 12.25.150, unless 04 [EXCEPT THE OFFICER MAY ARREST IF] 05 (1) the person does not furnish satisfactory evidence of identity; 06 (2) the peace officer reasonably believes the person is a danger to self 07 or others; 08 (3) the crime for which the person is contacted is one involving 09 violence or harm to another person or to property; 10 (4) the person asks to be taken before a judge or magistrate under 11 AS 12.25.150; or 12 (5) the peace officer has probable cause to believe the person 13 committed a crime involving domestic violence; in this paragraph, "crime involving 14 domestic violence" has the meaning given in AS 18.66.990. 15 * Sec. 43. AS 12.25.180(b) is amended to read: 16 (b) When a peace officer stops or contacts a person for the commission of an 17 infraction or a violation, the officer shall issue a citation instead of taking the person 18 before a judge or magistrate under AS 12.25.150, unless [EXCEPT THE OFFICER 19 MAY ARREST IF] 20 (1) the person does not furnish satisfactory evidence of identity; or 21 (2) the person refuses to accept service of the citation [; OR 22 (3) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 23 THE PERSON HAS COMMITTED 24 (A) A VIOLATION OF CONDITIONS OF RELEASE 25 UNDER AS 11.56.757; OR 26 (B) THE OFFENSE OF FAILURE TO APPEAR UNDER 27 AS 11.56.730]. 28 * Sec. 44. AS 12.25.190(b) is amended to read: 29 (b) The time specified in the notice to appear shall be at least five [TWO] 30 working days after the issuance of the citation [UNDER AS 12.25.180(a)]. 31 * Sec. 45. AS 12.30.006(b) is amended to read:
01 (b) At the first appearance before a judicial officer, a person who is charged 02 with a felony may be detained up to 48 hours for the prosecuting authority to 03 demonstrate that release of the person under AS 12.30.011 would not reasonably 04 ensure the appearance of the person or will pose a danger to the victim, other persons, 05 or the community [, IF THE PERSON HAS BEEN CHARGED WITH THE 06 FOLLOWING CRIMES: 07 (1) AN UNCLASSIFIED, CLASS A, OR CLASS B FELONY; 08 (2) A CLASS C FELONY 09 (A) UNDER AS 11.41, AS 11.56.730, AS 28.35.030, OR 10 28.35.032; 11 (B) THAT IS A SEX OFFENSE; IN THIS 12 SUBPARAGRAPH, "SEX OFFENSE" HAS THE MEANING GIVEN IN 13 AS 12.63.100; OR 14 (C) THAT IS A CRIME INVOLVING DOMESTIC 15 VIOLENCE; IN THIS SUBPARAGRAPH, "CRIME INVOLVING 16 DOMESTIC VIOLENCE" HAS THE MEANING GIVEN IN AS 18.66.990; 17 OR 18 (3) A CLASS C FELONY, OTHER THAN A CLASS C FELONY 19 LISTED IN (2) OF THIS SUBSECTION, AND THE PERSON HAS BEEN 20 ASSESSED AS MODERATE TO HIGH RISK UNDER AS 12.30.011(c)(2)]. 21 * Sec. 46. AS 12.30.006(c) is amended to read: 22 (c) A person who remains in custody 48 hours after appearing before a judicial 23 officer because of inability to meet the conditions of release shall, upon application, be 24 entitled to have the conditions reviewed by the judicial officer who imposed them. If 25 the judicial officer who imposed the conditions of release is not available, any judicial 26 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 27 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 28 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 29 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 30 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 31 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE
01 (1) APPEARANCE OF THE PERSON IN COURT; AND 02 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 03 COMMUNITY.] 04 * Sec. 47. AS 12.30.006(d) is amended to read: 05 (d) If a person remains in custody after review of conditions by a judicial 06 officer under (c) of this section, the person may request a subsequent review of 07 conditions. Unless the prosecuting authority stipulates otherwise or the person has 08 been incarcerated for a period equal to the maximum sentence for the most serious 09 charge for which the person is being held, a judicial officer may not schedule a bail 10 review hearing under this subsection unless 11 (1) the person provides to the court and the prosecuting authority a 12 written statement that new information not considered at the previous review will be 13 presented at the hearing; the statement must include a description of the information 14 and the reason the information was not presented at a previous hearing; in this 15 paragraph, "new information" does not include [INCLUDES] the [PERSON'S] 16 inability to post the required bail; 17 (2) the prosecuting authority and any surety, if applicable, have at least 18 48 hours' written notice before the time set for the review requested under this 19 subsection; the defendant shall notify the surety; and 20 (3) at least seven days have elapsed between the previous review and 21 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 22 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 23 * Sec. 48. AS 12.30.006(f) is amended to read: 24 (f) The judicial officer shall issue written or oral findings that explain the 25 reasons the officer imposed the particular conditions of release or modifications or 26 additions to conditions previously imposed. The judicial officer shall inform the 27 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER 28 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's 29 order establishing conditions of release. 30 * Sec. 49. AS 12.30.011 is repealed and reenacted to read: 31 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this
01 chapter, a judicial officer shall order a person charged with an offense to be released 02 on the person's personal recognizance or upon execution of an unsecured appearance 03 bond, on the condition that the person 04 (1) obey all court orders and all federal, state, and local laws; 05 (2) appear in court when ordered; 06 (3) if represented, maintain contact with the person's lawyer; and 07 (4) notify the person's lawyer, who shall notify the prosecuting 08 authority and the court, not more than 24 hours after the person changes residence. 09 (b) If a judicial officer determines that the release under (a) of this section will 10 not reasonably ensure the appearance of the person or will pose a danger to the victim, 11 other persons, or the community, the officer shall impose the least restrictive condition 12 or conditions that will reasonably ensure the person's appearance and protect the 13 victim, other persons, and the community. In addition to conditions under (a) of this 14 section, the judicial officer may, singly or in combination, 15 (1) require the execution of an appearance bond in a specified amount 16 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 17 of the amount of the bond; 18 (2) require the execution of a bail bond with sufficient solvent sureties 19 or the deposit of cash; 20 (3) require the execution of a performance bond in a specified amount 21 of cash to be deposited in the registry of the court; 22 (4) place restrictions on the person's travel, association, or residence; 23 (5) order the person to refrain from possessing a deadly weapon on the 24 person or in the person's vehicle or residence; 25 (6) require the person to maintain employment or, if unemployed, 26 actively seek employment; 27 (7) require the person to notify the person's lawyer and the prosecuting 28 authority within two business days after any change in employment; 29 (8) require the person to avoid all contact with a victim, a potential 30 witness, or a codefendant; 31 (9) require the person to refrain from the consumption and possession
01 of alcoholic beverages; 02 (10) require the person to refrain from the use of a controlled substance 03 as defined by AS 11.71, unless prescribed by a licensed health care provider with 04 prescriptive authority; 05 (11) require the person to be physically inside the person's residence, 06 or in the residence of the person's third-party custodian, at time periods set by the 07 court; 08 (12) require the person to keep regular contact with a law enforcement 09 officer or agency; 10 (13) order the person to refrain from entering or remaining in premises 11 licensed under AS 04; 12 (14) place the person in the custody of an individual who agrees to 13 serve as a third-party custodian of the person as provided in AS 12.30.021; 14 (15) if the person is under the treatment of a licensed health care 15 provider, order the person to follow the provider's treatment recommendations; 16 (16) order the person to take medication that has been prescribed for 17 the person by a licensed health care provider with prescriptive authority; 18 (17) order the person to comply with any other condition that is 19 reasonably necessary to ensure the appearance of the person and to ensure the safety 20 of the victim, other persons, and the community; 21 (18) require the person to comply with a program established under 22 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 23 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 24 or a crime involving domestic violence. 25 (c) In determining the conditions of release under this chapter, the court shall 26 consider the following: 27 (1) the nature and circumstances of the offense charged; 28 (2) the weight of the evidence against the person; 29 (3) the nature and extent of the person's family ties and relationships; 30 (4) the person's employment status and history; 31 (5) the length and character of the person's past and present residence;
01 (6) the person's record of convictions; 02 (7) the person's record of appearance at court proceedings; 03 (8) assets available to the person to meet monetary conditions of 04 release; 05 (9) the person's reputation, character, and mental condition; 06 (10) the effect of the offense on the victim, any threats made to the 07 victim, and the danger that the person poses to the victim; 08 (11) any other facts that are relevant to the person's appearance or the 09 person's danger to the victim, other persons, or the community. 10 (d) In making a finding regarding the release of a person under this chapter, 11 (1) except as otherwise provided in this chapter, the burden of proof is 12 on the prosecuting authority that a person charged with an offense should be detained 13 or released with conditions described in (b) of this section or AS 12.30.016; 14 (2) there is a rebuttable presumption that no condition or combination 15 of conditions will reasonably ensure the appearance of the person or the safety of the 16 victim, other persons, or the community, if the person is 17 (A) charged with an unclassified felony, a class A felony, a 18 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 19 (B) charged with a felony crime against a person under 20 AS 11.41, was previously convicted of a felony crime against a person under 21 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 22 five years have elapsed between the date of the person's unconditional 23 discharge on the immediately preceding offense and the commission of the 24 present offense; 25 (C) charged with a felony offense committed while the person 26 was on release under this chapter for a charge or conviction of another offense; 27 (D) charged with a crime involving domestic violence, and has 28 been convicted in the previous five years of a crime involving domestic 29 violence in this state or a similar offense in another jurisdiction; 30 (E) arrested in connection with an accusation that the person 31 committed a felony outside the state or is a fugitive from justice from another
01 jurisdiction, and the court is considering release under AS 12.70. 02 * Sec. 50. AS 12.30.016(b) is amended to read: 03 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 04 AS 28.35.030, or 28.35.032, a judicial officer may order the person 05 (1) to refrain from 06 (A) consuming alcoholic beverages; or 07 (B) possessing on the person, in the person's residence, or in 08 any vehicle or other property over which the person has control, alcoholic 09 beverages; 10 (2) to submit to a search without a warrant of the person, the person's 11 personal property, the person's residence, or any vehicle or other property over which 12 the person has control, for the presence of alcoholic beverages by a peace officer [OR 13 PRETRIAL SERVICES OFFICER] who has reasonable suspicion that the person is 14 violating the conditions of the person's release by possessing alcoholic beverages; 15 (3) to submit to a breath test when requested by a law enforcement 16 officer [OR PRETRIAL SERVICES OFFICER]; 17 (4) to provide a sample for a urinalysis or blood test when requested by 18 a law enforcement officer [OR PRETRIAL SERVICES OFFICER]; 19 (5) to take a drug or combination of drugs intended to prevent 20 substance abuse; 21 (6) to follow any treatment plan imposed by the court under 22 AS 28.35.028; 23 (7) to comply with a program established under AS 47.38.020. 24 * Sec. 51. AS 12.30.016(c) is amended to read: 25 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 26 officer may order the person 27 (1) to refrain from 28 (A) consuming a controlled substance; or 29 (B) possessing on the person, in the person's residence, or in 30 any vehicle or other property over which the person has control, a controlled 31 substance or drug paraphernalia;
01 (2) to submit to a search without a warrant of the person, the person's 02 personal property, the person's residence, or any vehicle or other property over which 03 the person has control, for the presence of a controlled substance or drug paraphernalia 04 by a peace officer [OR PRETRIAL SERVICES OFFICER] who has reasonable 05 suspicion that the person is violating the terms of the person's release by possessing 06 controlled substances or drug paraphernalia; 07 (3) to enroll in a random drug testing program, at the person's expense, 08 [WITH TESTING TO OCCUR NOT LESS THAN ONCE A WEEK, OR TO 09 SUBMIT TO RANDOM DRUG TESTING BY THE PRETRIAL SERVICES 10 OFFICE IN THE DEPARTMENT OF CORRECTIONS] to detect the presence of a 11 controlled substance, with testing to occur not less than once a week, and with the 12 results being submitted to the court and the prosecuting authority; 13 (4) to refrain from entering or remaining in a place where a controlled 14 substance is being used, manufactured, grown, or distributed; 15 (5) to refrain from being physically present at, within a two-block area 16 of, or within a designated area near, the location where the alleged offense occurred or 17 at other designated places, unless the person actually resides within that area; 18 (6) to refrain from the use or possession of an inhalant; or 19 (7) to comply with a program established under AS 47.38.020. 20 * Sec. 52. AS 12.30.016 is amended by adding a new subsection to read: 21 (g) In a prosecution charging misconduct involving a controlled substance 22 under AS 11.71.021(a)(2) for the manufacture of methamphetamine, or its salts, 23 isomers, or salts of isomers, if the person has been previously convicted in this or 24 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 25 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 26 require the posting of a minimum of $250,000 cash bond before the person may be 27 released. The judicial officer may reduce this requirement if the person proves to the 28 satisfaction of the officer that the person's only role in the offense was as an aider or 29 abettor and that the person did not stand to benefit financially from the manufacturing. 30 * Sec. 53. AS 12.30.021(a) is amended to read: 31 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016,
01 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 02 RECORD,] that the appointment will, singly or in combination with other 03 conditions, 04 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 05 AVAILABLE IN THE PERSON'S LOCATION; 06 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 07 HAVE BEEN ORDERED; AND 08 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 09 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 10 the victim, other persons, and the community. 11 * Sec. 54. AS 12.30.021(c) is amended to read: 12 (c) A judicial officer may not appoint a person as a third-party custodian if 13 (1) the proposed custodian is acting as a third-party custodian for 14 another person; 15 (2) the proposed custodian has been convicted in the previous three 16 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 17 (3) criminal charges are pending in this state or another jurisdiction 18 against the proposed custodian; 19 (4) the proposed custodian is on probation in this state or another 20 jurisdiction for an offense; 21 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 22 STATE WILL CALL] the proposed custodian may be called as a witness in the 23 prosecution of the person; 24 (6) the proposed custodian resides out of state; however, a nonresident 25 may serve as a custodian if the nonresident resides in the state while serving as 26 custodian. 27 * Sec. 55. AS 12.55.025(c) is amended to read: 28 (c) Except as provided in (d) of this section, when a defendant is sentenced to 29 imprisonment, the term of confinement commences on the date of imposition of 30 sentence unless the court specifically provides that the defendant must report to serve 31 the sentence on another date. If the court provides another date to begin the term of
01 confinement, the court shall provide the defendant with written notice of the date, 02 time, and location of the correctional facility to which the defendant must report. A 03 defendant shall receive credit for time spent in custody pending trial, sentencing, or 04 appeal, if the detention was in connection with the offense for which sentence was 05 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 06 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 07 actual time spent in custody pending trial, sentencing, or appeal. The time during 08 which a defendant is voluntarily absent from official detention after the defendant has 09 been sentenced may not be credited toward service of the sentence. 10 * Sec. 56. AS 12.55.027(a) is amended to read: 11 (a) A court may grant a defendant credit toward a sentence of imprisonment 12 for time spent in a treatment program or under electronic monitoring only as 13 provided in [THAT FURTHERS THE REFORMATION AND REHABILITATION 14 OF THE DEFENDANT IF THE COURT FINDS THAT THE PROGRAM PLACES 15 A SUBSTANTIAL RESTRICTION ON THE DEFENDANT'S FREEDOM OF 16 MOVEMENT AND BEHAVIOR AND IS CONSISTENT WITH] this section. 17 * Sec. 57. AS 12.55.027(b) is repealed and reenacted to read: 18 (b) A court may grant a defendant one day of credit toward a sentence of 19 imprisonment for each full day the defendant resided in the facility of a treatment 20 program and observed the rules of the treatment program and the facility if 21 (1) the court finds that the treatment program meets the standards 22 described in (c) of this section; 23 (2) before the defendant entered the treatment program, the court 24 ordered the defendant to reside in the facility of the treatment program and participate 25 in the treatment program as a condition of bail release or a condition of probation; and 26 (3) the court has received a written report from the director of the 27 program that 28 (A) states that the defendant has participated in the treatment 29 plan prescribed for the defendant and has complied with the requirements of 30 the plan; and 31 (B) sets out the number of full days the defendant resided in the
01 facility of the treatment program and observed the rules of the treatment 02 program and facility. 03 * Sec. 58. AS 12.55.027(c) is repealed and reenacted to read: 04 (c) To qualify for credit against a sentence of imprisonment for a day spent in 05 a treatment program, the treatment program and the facility of the treatment program 06 must impose substantial restrictions on a person's liberty on that day that are 07 equivalent to incarceration, including the requirement that a participant in the program 08 (1) must live in a residential facility operated by the program; 09 (2) must be confined at all times to the grounds of the facility or be in 10 the physical custody of an employee of the facility, except for 11 (A) court appearances; 12 (B) meetings with counsel; 13 (C) employment, vocational training, or community volunteer 14 work required by the treatment program; and 15 (D) periods during which the resident is permitted to leave the 16 facility for rehabilitative purposes directly related to the person's treatment, so 17 long as the periods during which the resident is permitted to leave the facility 18 are expressly limited as to both time and purpose by the treatment program; 19 (3) is subject to disciplinary sanctions by the program if the participant 20 violates rules of the program and facility; sanctions must be in writing and available 21 for court review; and 22 (4) is subject to immediate arrest, without warrant, if the participant 23 leaves the facility without permission. 24 * Sec. 59. AS 12.55.051(a) is amended to read: 25 (a) If the defendant defaults in the payment of a fine or any installment or of 26 restitution or any installment, the court may order the defendant to show cause why 27 the defendant should not be sentenced to imprisonment for nonpayment and, if the 28 payment was made a condition of the defendant's probation, may revoke the probation 29 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 30 contempt or probation revocation proceeding brought as a result of failure to pay a 31 fine or restitution, it is an affirmative defense that the defendant was unable to pay
01 despite having made continuing good faith efforts to pay the fine or restitution. If the 02 court finds that the defendant was unable to pay despite having made continuing good 03 faith efforts, the defendant may not be imprisoned solely because of the inability to 04 pay. If the court does not find that the default was attributable to the defendant's 05 inability to pay despite having made continuing good faith efforts to pay the fine or 06 restitution, the court may order the defendant imprisoned until the order of the court 07 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 08 imprisonment imposed under this section may not exceed one day for each $50 of the 09 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 10 be given toward satisfaction of the order of the court for every day a person is 11 incarcerated for nonpayment of a fine or restitution. 12 * Sec. 60. AS 12.55.055(a) is amended to read: 13 (a) The court may order a defendant convicted of an offense to perform 14 community work as a condition of probation, a suspended sentence, or suspended 15 imposition of sentence, [OR SUSPENDED ENTRY OF JUDGMENT,] or in addition 16 to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the 17 court may recommend to the Department of Corrections that the defendant perform 18 community work. 19 * Sec. 61. AS 12.55.055(c) is amended to read: 20 (c) The court may offer a defendant convicted of an offense the option of 21 performing community work in lieu of a fine, surcharge, or portion of a fine or 22 surcharge if the court finds the defendant is unable to pay the fine. The value of 23 community work in lieu of a fine is $3 [THE STATE'S MINIMUM WAGE] for each 24 hour. 25 * Sec. 62. AS 12.55.090(b) is amended to read: 26 (b) Except as otherwise provided in (f) of this section, the court may revoke or 27 modify any condition of probation or may [,] change the period of probation [, OR 28 TERMINATE PROBATION AND DISCHARGE THE DEFENDANT FROM 29 PROBATION]. 30 * Sec. 63. AS 12.55.090(c) is amended to read: 31 (c) The period of probation, together with any extension, may not exceed
01 (1) 25 [15] years for a felony sex offense; or 02 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 03 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 04 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 05 OR (2) OF THIS SUBSECTION; 06 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 07 (A) UNDER AS 11.41; 08 (B) THAT IS A CRIME INVOLVING DOMESTIC 09 VIOLENCE; OR 10 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 11 DEFINED IN AS 12.63.100; 12 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 13 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 14 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 15 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 16 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 17 THIS SUBSECTION]. 18 * Sec. 64. AS 12.55.090(f) is amended to read: 19 (f) Unless the defendant and the prosecuting authority agree at the probation 20 revocation proceeding or other proceeding [RELATED TO A PROBATION 21 VIOLATION, THE PERSON QUALIFIES FOR A REDUCTION UNDER 22 AS 33.05.020(h), OR A PROBATION OFFICER RECOMMENDS TO THE COURT 23 THAT PROBATION BE TERMINATED AND THE DEFENDANT BE 24 DISCHARGED FROM PROBATION UNDER (g) OF THIS SECTION OR 25 AS 33.05.040], the court may not reduce the specific period of probation or the 26 specific term of suspended incarceration except by the amount of incarceration 27 imposed for a probation violation, if 28 (1) the sentence was imposed in accordance with a plea agreement 29 under Rule 11, Alaska Rules of Criminal Procedure; and 30 (2) the agreement required a specific period of probation or a specific 31 term of suspended incarceration.
01 * Sec. 65. AS 12.55.125(c) is amended to read: 02 (c) Except as provided in (i) of this section, a defendant convicted of a class A 03 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years; 08 (2) if the offense is a first felony conviction 09 (A) and the defendant 10 [(A)] possessed a firearm, used a dangerous instrument, or 11 caused serious physical injury or death during the commission of the offense, 12 [FIVE TO NINE YEARS;] or 13 [(B)] knowingly directed the conduct constituting the offense at 14 a uniformed or otherwise clearly identified peace officer, firefighter, 15 correctional employee, emergency medical technician, paramedic, ambulance 16 attendant, or other emergency responder who was engaged in the performance 17 of official duties at the time of the offense, seven to 11 years; 18 (B) and the conviction is for manufacturing related to 19 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 20 (i) the manufacturing occurred in a building with 21 reckless disregard that the building was used as a permanent or 22 temporary home or place of lodging for one or more children 23 under 18 years of age or the building was a place frequented by 24 children; or 25 (ii) in the course of manufacturing or in preparation 26 for manufacturing, the defendant obtained the assistance of one or 27 more children under 18 years of age or one or more children were 28 present; 29 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 30 years; 31 (4) if the offense is a third felony conviction and the defendant is not
01 subject to sentencing under (l) of this section, 15 [13] to 20 years. 02 * Sec. 66. AS 12.55.125(d) is amended to read: 03 (d) Except as provided in (i) of this section, a defendant convicted of a class B 04 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 05 and shall be sentenced to a definite term within the following presumptive ranges, 06 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (1) if the offense is a first felony conviction and does not involve 08 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 09 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 10 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 11 probation under AS 12.55.086, the defendant is required to serve an active term 12 of imprisonment within the range specified in this paragraph, unless the court 13 finds that a mitigation factor under AS 12.55.155 applies; 14 (2) if the offense is a first felony conviction, 15 (A) the defendant violated AS 11.41.130, and the victim was 16 [(A)] a child under 16 years of age, two to four years; [OR] 17 (B) two to four years if the conviction is for attempt, 18 solicitation, or conspiracy to manufacture related to methamphetamine 19 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 20 (i) the attempted manufacturing occurred, or the 21 solicited or conspired offense was to have occurred, in a building 22 with reckless disregard that the building was used as a permanent 23 or temporary home or place of lodging for one or more children 24 under 18 years of age or the building was a place frequented by 25 children; or 26 (ii) in the course of an attempt to manufacture, the 27 defendant obtained the assistance of one or more children under 18 28 years of age or one or more children were present [WAS 16 YEARS 29 OF AGE OR OLDER, ONE TO THREE YEARS]; 30 (3) if the offense is a second felony conviction, four [TWO] to seven 31 [FIVE] years;
01 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 02 * Sec. 67. AS 12.55.125(e) is amended to read: 03 (e) Except as provided in (i) of this section, a defendant convicted of a class C 04 felony may be sentenced to a definite term of imprisonment of not more than five 05 years, and shall be sentenced to a definite term within the following presumptive 06 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (1) if the offense is a first felony conviction and does not involve 08 circumstances described in (4) of this subsection, zero to two years; a defendant 09 sentenced under this paragraph may, if the court finds it appropriate, be granted a 10 suspended imposition of sentence under AS 12.55.085, and the court may, as a 11 condition of probation under AS 12.55.086, require the defendant to serve an active 12 term of imprisonment within the range specified in this paragraph; 13 (2) if the offense is a second felony conviction, two [ONE] to four 14 years; 15 (3) if the offense is a third felony conviction, three [TWO] to five 16 years; 17 (4) if the offense is a first felony conviction, and the defendant violated 18 AS 08.54.720(a)(15), one to two years. 19 * Sec. 68. AS 12.55.125(q) is amended to read: 20 (q) Other than for convictions subject to a mandatory 99-year sentence, the 21 court shall impose, in addition to an active term of imprisonment imposed under (i) of 22 this section, a minimum period of (1) suspended imprisonment of five years and a 23 minimum period of probation supervision of 15 years for conviction of an unclassified 24 felony, (2) suspended imprisonment of three years and a minimum period of probation 25 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 26 imprisonment of two years and a minimum period of probation supervision of five 27 years for conviction of a class C felony. The period of probation is in addition to any 28 sentence received under (i) of this section and may not be suspended or reduced. 29 Upon a defendant's release from confinement in a correctional facility, the 30 defendant is subject to this probation requirement and shall submit and comply 31 with the terms and requirements of the probation.
01 * Sec. 69. AS 12.55.135(a) is amended to read: 02 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 03 definite term of imprisonment of not more than 04 [(1)] one year [, IF THE 05 (A) CONVICTION IS FOR A CRIME WITH A 06 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 07 IMPRISONMENT; 08 (B) TRIER OF FACT FINDS THE AGGRAVATING 09 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 10 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 11 DEFINITION OF THE OFFENSE; 12 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 13 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 14 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 15 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 16 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 17 DEGREE UNDER AS 11.41.230; OR 18 (E) CONVICTION IS FOR A VIOLATION OF 19 (i) AS 11.41.427; 20 (ii) AS 11.41.440; 21 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 22 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; OR 23 (iv) AS 11.61.116(c)(2); OR 24 (v) AS 11.61.118(a)(2); 25 (2) 30 DAYS]. 26 * Sec. 70. AS 12.55.135(b) is amended to read: 27 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 28 definite term of imprisonment of not more than 90 29 [(1) 10] days unless otherwise specified in the provision of law 30 defining the offense [OR IN THIS SECTION; 31 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF
01 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 02 OF AGE OR OLDER; OR 03 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 04 AGE OR OLDER; OR 05 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 06 AS 11.56.757]. 07 * Sec. 71. AS 12.55.135 is amended by adding a new subsection to read: 08 (q) A court may not impose a sentence of imprisonment or suspended 09 imprisonment for possession of marijuana in violation of AS 11.71.060 if the 10 defendant alleges, and the court finds, that the defendant was not under formal or 11 informal probation or parole conditions in this or another jurisdiction at the time of the 12 offense; that the defendant possessed the marijuana for the defendant's personal use 13 within the defendant's permanent or temporary residence; and that the defendant has 14 not been previously convicted more than once in this or another jurisdiction for 15 possession of marijuana. If the defendant has not been previously convicted as 16 described in this subsection, the maximum unsuspended fine that the court may 17 impose is $500. If the defendant has been previously convicted once as described in 18 this subsection, the maximum unsuspended fine that the court may impose is $1,000. 19 In this subsection, 20 (1) "permanent or temporary residence" means a permanent structure 21 adopted for overnight accommodation; "permanent or temporary residence" does not 22 include 23 (A) vehicles, tents, prisons or other correctional facilities, 24 residential treatment facilities, or shelters operated by a charitable organization 25 or a government agency; 26 (B) any place where the defendant's possession or use of 27 marijuana violated established rules for residents, such as a ban on smoking or 28 a ban on marijuana or other controlled substances; 29 (2) "previously convicted" means the defendant entered a plea of 30 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 31 regardless of whether the conviction was set aside under AS 12.55.085 or a similar
01 procedure in another jurisdiction, of possession of marijuana; "previously convicted" 02 does not include a judgment that has been reversed or vacated by a court. 03 * Sec. 72. AS 12.61.015(a) is amended to read: 04 (a) If a victim of a felony or a crime involving domestic violence requests, the 05 prosecuting attorney shall make a reasonable effort to 06 (1) confer with the person against whom the offense has been 07 perpetrated about that person's testimony before the defendant's trial; 08 (2) in a manner reasonably calculated to give prompt actual notice, 09 notify the victim 10 (A) of the defendant's conviction and the crimes of which the 11 defendant was convicted; 12 (B) of the victim's right in a case that is a felony to make a 13 written or oral statement for use in preparation of the defendant's presentence 14 report, and of the victim's right to appear personally at the defendant's 15 sentencing hearing to present a written statement and to give sworn testimony 16 or an unsworn oral presentation; 17 (C) of the address and telephone number of the office that will 18 prepare the presentence report; and 19 (D) of the time and place of the sentencing proceeding; 20 (3) notify the victim in writing of the final disposition of the case 21 within 30 days after final disposition of the case; 22 (4) confer with the victim of a crime involving domestic violence 23 concerning a proposed plea agreement before entering into an agreement; 24 (5) inform the victim of a pending motion that may substantially delay 25 the prosecution and inform the court of the victim's position on the motion; in this 26 paragraph, a "substantial delay" is 27 (A) for a misdemeanor, a delay of one month or longer; 28 (B) for a felony, a delay of two months or longer; and 29 (C) for an appeal, a delay of six months or longer. 30 * Sec. 73. AS 12.61.017(a) is amended to read: 31 (a) An employer may not penalize or threaten to penalize a victim [OF AN
01 OFFENSE] because the victim 02 [(1)] is subpoenaed or requested by the prosecuting attorney to attend a 03 court proceeding for the purpose of giving testimony. In this subsection, "penalize" 04 means to take action affecting the employment status, wages, and benefits 05 payable to the victim, including 06 (1) demotion or suspension; 07 (2) dismissal from employment; 08 (3) loss of pay or benefits, except pay and benefits that are directly 09 attributable to the victim's absence from employment to attend the court 10 proceeding [; OR 11 (2) REPORTS THE OFFENSE TO A LAW ENFORCEMENT 12 AGENCY OR PARTICIPATES IN THE INVESTIGATION OF THE OFFENSE BY 13 A LAW ENFORCEMENT AGENCY]. 14 * Sec. 74. AS 12.63.100(6) is amended to read: 15 (6) "sex offense" means 16 (A) a crime under AS 11.41.100(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit a 18 sexual offense, or a similar offense under the laws of the other jurisdiction; in 19 this subparagraph, "sexual offense" has the meaning given in 20 AS 11.41.100(a)(3); 21 (B) a crime under AS 11.41.110(a)(3), or a similar law of 22 another jurisdiction, in which the person committed or attempted to commit 23 one of the following crimes, or a similar law of another jurisdiction: 24 (i) sexual assault in the first degree; 25 (ii) sexual assault in the second degree; 26 (iii) sexual abuse of a minor in the first degree; or 27 (iv) sexual abuse of a minor in the second degree; or 28 (C) a crime, or an attempt, solicitation, or conspiracy to commit 29 a crime, under the following statutes or a similar law of another jurisdiction: 30 (i) AS 11.41.410 - 11.41.438; 31 (ii) AS 11.41.440(a)(2);
01 (iii) AS 11.41.450 - 11.41.458; 02 (iv) AS 11.41.460 if the indecent exposure is before a 03 person under 16 years of age and the offender has a previous conviction 04 for that offense; 05 (v) AS 11.61.125 - 11.61.128; 06 (vi) AS 11.66.110 or 11.66.130(a)(2) 07 [11.66.130(a)(2)(B)] if the person who was induced or caused to 08 engage in prostitution was under 20 years of age at the time of the 09 offense; 10 (vii) former AS 11.15.120, former 11.15.134, or assault 11 with the intent to commit rape under former AS 11.15.160, former 12 AS 11.40.110, or former 11.40.200; 13 (viii) AS 11.61.118(a)(2) if the offender has a previous 14 conviction for that offense; or 15 (ix) AS 11.66.100(a)(2) if the offender is subject to; and 16 providing for an effective date punishment under AS 11.66.100(e); 17 * Sec. 75. AS 12.70.130 is amended to read: 18 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 19 lawfully made by a peace officer or a private person without a warrant upon 20 reasonable information that the accused stands charged in the courts of another state 21 with a crime punishable by death or imprisonment for a term exceeding one year, but 22 when arrested the accused must be taken before a judge or magistrate without 23 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT 24 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and 25 complaint shall be made against the accused under oath setting out the ground for the 26 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR 27 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 28 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had 29 been arrested on a warrant. 30 * Sec. 76. AS 18.67.020(a) is amended to read: 31 (a) The Violent Crimes Compensation Board is established in the
01 Department of Administration. The board is composed of three members to be 02 appointed by the governor. One of the members shall be designated as chair by the 03 governor. At least one member must be a medical or osteopathic physician [, A 04 PHYSICIAN ASSISTANT, OR AN ADVANCED NURSE PRACTITIONER] 05 licensed to practice in this state or holding a retired status license [FROM 06 PRACTICE] in this state, and one member must be an attorney licensed to practice in 07 this state or retired from practice in this state. 08 * Sec. 77. AS 18.67.101 is amended to read: 09 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 10 board may order the payment of compensation in accordance with the provisions of 11 this chapter for personal injury or death that resulted from 12 (1) an attempt on the part of the applicant to prevent the commission of 13 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 14 officer to do so, or aiding a victim of crime; or 15 (2) the commission or attempt on the part of one other than the 16 applicant to commit any of the following offenses: 17 (A) murder in any degree; 18 (B) manslaughter; 19 (C) criminally negligent homicide; 20 (D) assault in any degree; 21 (E) kidnapping; 22 (F) sexual assault in any degree; 23 (G) sexual abuse of a minor; 24 (H) robbery in any degree; 25 (I) threats to do bodily harm; 26 (J) driving while under the influence of an alcoholic beverage, 27 inhalant, or controlled substance or another crime resulting from the operation 28 of a motor vehicle, boat, or airplane when the offender is under the influence 29 of an alcoholic beverage, inhalant, or controlled substance; 30 (K) arson in the first degree; 31 (L) sex trafficking in violation of AS 11.66.110 or
01 11.66.130(a)(2) [11.66.130(a)(2)(B)]; 02 (M) human trafficking in any degree; or 03 (N) unlawful exploitation of a minor. 04 * Sec. 78. AS 28.15.191(g) is amended to read: 05 (g) A court that has ordered a person to refrain from consuming alcoholic 06 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 07 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 08 following a conviction under those sections or a similar municipal ordinance [, OR AS 09 A CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME] shall 10 (1) require the surrender of the person's license and identification card 11 and forward the license and identification card to the department; 12 (2) report the order to the department within two days; and 13 (3) inform the person that the person's license and identification card 14 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 15 otherwise qualified to receive a license or identification card, when the person obtains 16 a new license or identification card, the license or identification card must list the 17 restriction imposed by AS 04.16.160 for the period of probation or parole. 18 * Sec. 79. AS 28.15.291(a) is repealed and reenacted to read: 19 (a) A person is guilty of a class A misdemeanor if the person 20 (1) drives a motor vehicle on a highway or vehicular way or area at a 21 time when that person's driver's license, privilege to drive, or privilege to obtain a 22 license has been canceled, suspended, or revoked in this or another jurisdiction; or 23 (2) drives in violation of a limitation placed on that person's license or 24 privilege to drive in this or another jurisdiction. 25 * Sec. 80. AS 28.15.291(b) is repealed and reenacted to read: 26 (b) Upon conviction under (a) of this section, the court 27 (1) shall impose a minimum sentence of imprisonment 28 (A) if the person has not been previously convicted, of not less 29 than 10 days with 10 days suspended, including a mandatory condition of 30 probation that the defendant complete not less than 80 hours of community 31 work service;
01 (B) if the person has been previously convicted, of not less than 02 10 days; 03 (C) if the person's driver's license, privilege to drive, or 04 privilege to obtain a license was revoked under circumstances described in 05 AS 28.15.181(c)(1), if the person was driving in violation of a limited license 06 issued under AS 28.15.201(d) following that revocation, or if the person was 07 driving in violation of an ignition interlock device requirement following that 08 revocation, of not less than 20 days with 10 days suspended, and a fine of not 09 less than $500, including a mandatory condition of probation that the 10 defendant complete not less than 80 hours of community work service; 11 (D) if the person's driver's license, privilege to drive, or 12 privilege to obtain a license was revoked under circumstances described in 13 AS 28.15.181(c)(2), (3), or (4), if the person was driving in violation of a 14 limited license issued under AS 28.15.201(d) following that revocation, or if 15 the person was driving in violation of an ignition interlock device requirement 16 following that revocation, of not less than 30 days and a fine of not less than 17 $1,000; 18 (2) may impose additional conditions of probation; 19 (3) may not 20 (A) suspend execution of sentence or grant probation except on 21 condition that the person serve a minimum term of imprisonment and perform 22 required community work service as provided in (1) of this subsection; 23 (B) suspend imposition of sentence; 24 (4) shall revoke the person's license, privilege to drive, or privilege to 25 obtain a license, and the person may not be issued a new license or a limited license 26 nor may the privilege to drive or obtain a license be restored for an additional period 27 of not less than 90 days after the date that the person would have been entitled to 28 restoration of driving privileges; and 29 (5) may order that the motor vehicle that was used in commission of 30 the offense be forfeited under AS 28.35.036. 31 * Sec. 81. AS 28.35.028(b) is amended to read:
01 (b) Once the court elects to proceed under this section, the defendant shall 02 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 03 as appropriate. The state and the defendant may enter into a plea agreement to 04 determine the offense or offenses to which the defendant is required to plead. If the 05 court accepts the agreement, the court shall enforce the terms of the agreement. The 06 court shall enter a judgment of conviction for the offense or offenses for which the 07 defendant has pleaded or an order finding that the defendant has violated probation, as 08 appropriate. A judgment of conviction or an order finding a probation violation must 09 set a schedule for payment of restitution owed by the defendant. In a judgment of 10 conviction and on probation conditions that the court considers appropriate, the court 11 may withhold pronouncement of a period of imprisonment or a fine to provide an 12 incentive for the defendant to complete recommended treatment successfully. 13 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 14 mandatory minimum or other sentencing provision applicable to the offense. 15 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 16 other provision of law, the court, at any time after the period when a reduction of 17 sentence is normally available, may consider and reduce the defendant's sentence [, 18 INCLUDING IMPRISONMENT, FINE, OR LICENSE REVOCATION,] based on 19 the defendant's compliance with the treatment plan; when reducing a sentence, the 20 court (1) may not reduce the sentence below the mandatory minimum sentence for the 21 offense unless the court finds that the defendant has successfully complied with and 22 completed the treatment plan and that the treatment plan approximated the severity of 23 the minimum period of imprisonment, and (2) may consider the defendant's 24 compliance with the treatment plan as a mitigating factor allowing a reduction of a 25 sentence under AS 12.55.155(a). A court entering an order finding the defendant has 26 violated probation may withhold pronouncement of disposition to provide an incentive 27 for the defendant to complete the recommended treatment successfully. 28 * Sec. 82. AS 28.35.030(k) is amended to read: 29 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 30 community residential center or by electronic monitoring at a private residence 31 [UNDER AS 33.30.065]. If electronic monitoring is not available, imprisonment
01 required under (b)(1)(A) of this section may [SHALL] be served at another 02 appropriate place determined by the commissioner of corrections [A PRIVATE 03 RESIDENCE BY OTHER MEANS DETERMINED BY THE COMMISSIONER OF 04 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 05 IMPRISONMENT REQUIRED UNDER (b)(1)(A) OF THIS SECTION BY 06 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 07 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 08 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 09 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE]. 10 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 11 community residential center or at a private residence if approved by the 12 commissioner of corrections. Imprisonment served at a private residence must include 13 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 14 IS NOT AVAILABLE, BY OTHER MEANS AS DETERMINED BY THE 15 COMMISSIONER OF CORRECTIONS]. The cost of imprisonment resulting from 16 the sentence imposed under (b)(1) of this section shall be paid to the state by the 17 person being sentenced provided, however, that the [. THE] cost of imprisonment 18 required to be paid under this subsection may not exceed $2,000. Upon the person's 19 conviction, the court shall include the costs of imprisonment as a part of the judgment 20 of conviction. Except for reimbursement from a permanent fund dividend as provided 21 in this subsection, payment of the cost of imprisonment is not required if the court 22 determines the person is indigent. For costs of imprisonment that are not paid by the 23 person as required by this subsection, the state shall seek reimbursement from the 24 person's permanent fund dividend as provided under AS 43.23.065. While at the 25 community residential center or other appropriate place, a person sentenced 26 under (b)(1)(A) of this section shall perform at least 24 hours of community 27 service work. A person sentenced under (b)(1)(B) of this section shall perform at least 28 160 hours of community service work, as required by the director of the community 29 residential center or other appropriate place, or as required by the commissioner of 30 corrections if the sentence is being served at a private residence. In this subsection, 31 "appropriate place" means a facility with 24-hour on-site staff supervision that is
01 specifically adapted to provide a residence, and includes a correctional center, 02 residential treatment facility, hospital, halfway house, group home, work farm, work 03 camp, or other place that provides varying levels of restriction. 04 * Sec. 83. AS 28.35.030(l) is amended to read: 05 (l) The commissioner of corrections shall determine and prescribe by 06 regulation a uniform average cost of imprisonment for the purpose of determining the 07 cost of imprisonment required to be paid under (k) of this section by a convicted 08 person. [THE REGULATIONS MUST INCLUDE THE COSTS ASSOCIATED 09 WITH ELECTRONIC MONITORING UNDER AS 33.30.065.] 10 * Sec. 84. AS 28.35.030(o) is amended to read: 11 (o) Upon request, the department shall review a driver's license revocation 12 imposed under (n)(3) of this section and 13 [(1)] may restore the driver's license if 14 (1) [(A)] the license has been revoked for a period of at least 10 years; 15 (2) [(B)] the person has not been convicted of a [DRIVING- 16 RELATED] criminal offense since the license was revoked; and 17 (3) [(C)] the person provides proof of financial responsibility [; 18 (2) SHALL RESTORE THE DRIVER'S LICENSE IF 19 (A) THE PERSON HAS BEEN GRANTED LIMITED 20 LICENSE PRIVILEGES UNDER AS 28.15.201(g) AND HAS 21 SUCCESSFULLY DRIVEN UNDER THAT LIMITED LICENSE FOR 22 THREE YEARS WITHOUT HAVING THE LIMITED LICENSE 23 PRIVILEGES REVOKED; 24 (B) THE PERSON HAS SUCCESSFULLY COMPLETED A 25 COURT-ORDERED TREATMENT PROGRAM UNDER AS 28.35.028 OR 26 A REHABILITATIVE TREATMENT PROGRAM UNDER AS 28.15.201(h); 27 (C) THE PERSON HAS NOT BEEN CONVICTED OF A 28 VIOLATION OF AS 28.35.030 OR 28.35.032 OR A SIMILAR LAW OR 29 ORDINANCE OF THIS OR ANOTHER JURISDICTION SINCE THE 30 LICENSE WAS REVOKED; 31 (D) THE PERSON IS OTHERWISE ELIGIBLE TO HAVE
01 THE PERSON'S DRIVING PRIVILEGES RESTORED AS PROVIDED IN 02 AS 28.15.211; IN AN APPLICATION UNDER THIS SUBSECTION, A 03 PERSON WHOSE LICENSE WAS REVOKED FOR A VIOLATION OF 04 AS 28.35.030(n) OR 28.35.032(p) IS NOT REQUIRED TO SUBMIT 05 COMPLIANCE AS REQUIRED UNDER AS 28.35.030(h) OR 28.35.032(l); 06 AND 07 (E) THE PERSON PROVIDES PROOF OF FINANCIAL 08 RESPONSIBILITY]. 09 * Sec. 85. AS 28.35.032(o) is amended to read: 10 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 11 community residential center, or if a community residential center [PRIVATE 12 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF 13 ELECTRONIC MONITORING] is not available, at another appropriate place as 14 determined by the commissioner of corrections [IMPRISONMENT UNDER 15 (g)(1)(A) OF THIS SECTION SHALL BE SERVED AT A PRIVATE RESIDENCE 16 BY OTHER MEANS AS DETERMINED BY THE COMMISSIONER OF 17 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 18 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY 19 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 20 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 21 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 22 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.] 23 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 24 community residential center or at a private residence if approved by the 25 commissioner of corrections. Imprisonment served at a private residence must include 26 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 27 IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS 28 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 29 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 30 paid to the state by the person being sentenced provided, however, that the [. THE] 31 cost of imprisonment required to be paid under this subsection may not exceed $2,000.
01 Upon the person's conviction, the court shall include the costs of imprisonment as a 02 part of the judgment of conviction. Except for reimbursement from a permanent fund 03 dividend as provided in this subsection, payment of the cost of imprisonment is not 04 required if the court determines the person is indigent. For costs of imprisonment that 05 are not paid by the person as required by this subsection, the state shall seek 06 reimbursement from the person's permanent fund dividend as provided under 07 AS 43.23.065. While at the community residential center or another appropriate 08 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24 09 hours of community service work. A person sentenced under (g)(1)(B) of this 10 section shall perform at least 160 hours of community service work, as required by the 11 director of the community residential center or other appropriate place, or as required 12 by the commissioner of corrections if the sentence is being served at a private 13 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 14 staff supervision that is specifically adapted to provide a residence, and includes a 15 correctional center, residential treatment facility, hospital, halfway house, group home, 16 work farm, work camp, or other place that provides varying levels of restriction. 17 * Sec. 86. AS 29.10.200(21) is amended to read: 18 (21) AS 29.25.070(e) (notices of certain civil actions) [AND (g) 19 (PENALTIES)]; 20 * Sec. 87. AS 29.25.070(a) is amended to read: 21 (a) For the violation of an ordinance, a municipality may by ordinance 22 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days [, 23 EXCEPT AS LIMITED BY (g) OF THIS SECTION]. For a violation that cannot 24 result in incarceration or the loss of a valuable license, a municipality may allow 25 disposition of the violation without court appearance and establish a schedule of fine 26 amounts for each offense. 27 * Sec. 88. AS 33.05.040 is amended to read: 28 Sec. 33.05.040. Duties of probation officers. A probation officer shall 29 (1) furnish to each probationer under the supervision of the officer a 30 written statement of the conditions of probation and shall instruct the probationer 31 regarding the same;
01 (2) keep informed concerning the conduct and condition of each 02 probationer under the supervision of the officer and shall report on the probationer to 03 the court placing that person on probation; 04 (3) use all suitable methods, not inconsistent with the conditions 05 imposed by the court, to aid probationers and to bring about improvements in their 06 conduct and condition; 07 (4) keep records of the probation work, [INCLUDING 08 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 09 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete 10 accounts of all money collected from persons under the supervision of the officer, give 11 receipts for money collected and make at least monthly returns of it, make the reports 12 to the court and the commissioner required by them, and perform other duties the court 13 may direct; 14 (5) perform duties with respect to persons on parole as the 15 commissioner shall request, and in that service shall be termed a parole officer; 16 (6) [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 17 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 18 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 19 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 20 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 21 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 22 A RECOGNITION OF POSITIVE BEHAVIOR; 23 (7) UPON DETERMINING THAT A PROBATIONER UNDER THE 24 SUPERVISION OF THE OFFICER MEETS THE REQUIREMENTS OF 25 AS 12.55.090(g), RECOMMEND TO THE COURT AS SOON AS PRACTICABLE 26 THAT PROBATION BE TERMINATED AND THE PROBATIONER BE 27 DISCHARGED FROM PROBATION; AND 28 (8) FOR EACH PROBATIONER WHO OWES RESTITUTION AND 29 WHO IS UNDER THE SUPERVISION OF THE OFFICER, CREATE A 30 RESTITUTION PAYMENT SCHEDULE BASED ON THE PROBATIONER'S 31 INCOME AND ABILITY TO PAY IF THE COURT HAS NOT ALREADY SET A
01 RESTITUTION PAYMENT SCHEDULE. 02 (9)] accommodate the diligent efforts of each probationer to secure and 03 maintain steady employment or to participate in educational courses or training 04 programs when prescribing the times at which a probationer shall report; and 05 (7) [(10)] permit each probationer to travel in the state to make diligent 06 efforts to secure and maintain steady employment or to participate in educational 07 courses or training programs if the travel is not inconsistent with other terms and 08 conditions of probation. 09 * Sec. 89. AS 33.16.010(c) is amended to read: 10 (c) A prisoner who is not eligible for [SPECIAL MEDICAL OR] 11 discretionary parole, or who is not released on [SPECIAL MEDICAL OR] 12 discretionary parole, shall be released on mandatory parole for the term of good time 13 deductions credited under AS 33.20, if the term or terms of imprisonment are two 14 years or more. 15 * Sec. 90. AS 33.16.060(a) is amended to read: 16 (a) The board shall 17 (1) serve as the parole authority for the state; 18 (2) upon receipt of an application, consider the suitability for parole 19 of a prisoner who is eligible [FOR DISCRETIONARY PAROLE AT LEAST 90 20 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY AND UPON 21 RECEIPT OF THE PRISONER'S APPLICATION] for special medical or 22 discretionary parole; 23 (3) impose parole conditions on all prisoners released under 24 [SPECIAL MEDICAL,] discretionary [,] or mandatory parole; 25 (4) under AS 33.16.210, discharge a person from parole when custody 26 is no longer required; 27 (5) maintain records of the meetings and proceedings of the board; 28 (6) recommend to the governor and the legislature changes in the law 29 administered by the board; 30 (7) recommend to the governor or the commissioner changes in the 31 practices of the department and of other departments of the executive branch
01 necessary to facilitate the purposes and practices of parole; 02 (8) upon request of the governor, review and recommend applicants 03 for executive clemency; and 04 (9) execute other responsibilities prescribed by law. 05 * Sec. 91. AS 33.16.090(a) is amended to read: 06 (a) A prisoner sentenced to an active term of imprisonment of at least 181 07 days may, in the discretion of the board, be released on discretionary parole if the 08 prisoner 09 [(1)] has served the amount of time specified under (b) of this section, 10 except that 11 (1) [(A)] a prisoner sentenced to one or more mandatory 99-year terms 12 under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not 13 eligible for consideration for discretionary parole; 14 (2) [(B)] a prisoner is not eligible for consideration of discretionary 15 parole if made ineligible by order of a court under AS 12.55.115; 16 (3) [(C)] a prisoner imprisoned under AS 12.55.086 is not eligible for 17 discretionary parole unless the actual term of imprisonment is more than one year [; 18 OR 19 (2) IS AT LEAST 60 YEARS OF AGE, HAS SERVED AT LEAST 20 10 YEARS OF A SENTENCE FOR ONE OR MORE CRIMES IN A SINGLE 21 JUDGMENT, AND HAS NOT BEEN CONVICTED OF AN UNCLASSIFIED 22 FELONY OR A SEXUAL FELONY AS DEFINED IN AS 12.55.185]. 23 * Sec. 92. AS 33.16.090(b) is amended to read: 24 (b) A prisoner eligible under (a) [(a)(1)] of this section who is sentenced 25 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 26 released on discretionary parole until the prisoner has served the mandatory minimum 27 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 28 imposed, or any term set under AS 12.55.115, whichever is greatest; 29 (2) to a single sentence within or below a presumptive range set out in 30 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and 31 has not been allowed by the three-judge panel under AS 12.55.175 to be considered
01 for discretionary parole release, may not be released on discretionary parole until the 02 prisoner has served the term imposed, less good time earned under AS 33.20.010; 03 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 04 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 05 AS 12.55.175 to be considered for discretionary parole release during the second half 06 of the sentence, may not be released on discretionary parole until 07 (A) the prisoner has served that portion of the active term of 08 imprisonment required by the three-judge panel; and 09 (B) in addition to the factors set out in AS 33.16.100(a), the 10 board determines that 11 (i) the prisoner has successfully completed all 12 rehabilitation programs ordered by the three-judge panel that were 13 made available to the prisoner; and 14 (ii) the prisoner would not constitute a danger to the 15 public if released on parole; 16 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 17 the applicable presumptive range may not be released on discretionary parole until the 18 prisoner has served the greater of the following: 19 (A) an amount of time, less good time earned under 20 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 21 of the amount of time above the presumptive range; or 22 (B) any term set under AS 12.55.115; 23 (5) to a single sentence under any other provision of law may not be 24 released on discretionary parole until the prisoner has served at least one-fourth of the 25 active term of imprisonment, any mandatory minimum sentence imposed under any 26 provision of law, or any term set under AS 12.55.115, whichever is greatest; 27 (6) to concurrent sentences may not be released on discretionary parole 28 until the prisoner has served the greatest of 29 (A) any mandatory minimum sentence or sentences imposed 30 under any provision of law; 31 (B) any term set under AS 12.55.115; or
01 (C) the amount of time that is required to be served under (1) - 02 (5) of this subsection for the sentence imposed for the primary crime, had that 03 been the only sentence imposed; 04 (7) to consecutive or partially consecutive sentences may not be 05 released on discretionary parole until the prisoner has served the greatest of 06 (A) the composite total of any mandatory minimum sentence or 07 sentences imposed under any provision of law, including AS 12.55.127; 08 (B) any term set under AS 12.55.115; or 09 (C) the amount of time that is required to be served under (1) - 10 (5) of this subsection for the sentence imposed for the primary crime, had that 11 been the only sentence imposed, plus one-quarter of the composite total of the 12 active term of imprisonment imposed as consecutive or partially consecutive 13 sentences imposed for all crimes other than the primary crime. 14 [(8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND 15 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER 16 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, 17 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE 18 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED 19 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT 20 IMPOSED.] 21 * Sec. 93. AS 33.16.100(a) is amended to read: 22 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 23 UNCLASSIFIED FELONY WHO IS OTHERWISE ELIGIBLE UNDER 24 AS 12.55.115 AND AS 33.16.090(a)(1)] on discretionary parole if it determines a 25 reasonable probability exists that 26 (1) the prisoner will live and remain at liberty without violating any 27 laws or conditions imposed by the board; 28 (2) the prisoner's rehabilitation and reintegration into society will be 29 furthered by release on parole; 30 (3) the prisoner will not pose a threat of harm to the public if released 31 on parole; and
01 (4) release of the prisoner on parole would not diminish the 02 seriousness of the crime. 03 * Sec. 94. AS 33.16.100(b) is amended to read: 04 (b) If the board finds a change in circumstances in a prisoner's parole release 05 plan submitted under AS 33.16.130(a) [PREPAROLE REPORTS LISTED IN 06 AS 33.16.110(a)], or discovers new information concerning a prisoner who has been 07 granted a parole release date, the board may rescind or revise the previously granted 08 parole release date. In reconsidering the release date, the procedures set out in 09 AS 33.16.130(b) and (c) [AS 33.16.130] shall be followed. 10 * Sec. 95. AS 33.16.100 is amended by adding a new subsection to read: 11 (h) If the parole board considers an application for discretionary parole and 12 denies parole because the prisoner does not meet the standards in (a) of this section, 13 the board may make a prisoner ineligible for further consideration of discretionary 14 parole, or may require that additional time be served before the prisoner is again 15 eligible for consideration for discretionary parole. 16 * Sec. 96. AS 33.16.120(a) is amended to read: 17 (a) If the victim of a crime against a person or arson in the first degree 18 requests notice of a scheduled hearing to review or consider discretionary parole for a 19 prisoner convicted of that crime, the board shall send notice of the hearing to the 20 victim at least 30 days before the hearing. The notice must be accompanied by a copy 21 of the prisoner's application for parole submitted under AS 33.16.130(a) [PAROLE 22 PLAN SUBMITTED TO THE BOARD]. However, the copy of the application 23 [PAROLE PLAN] sent to the victim may not include the prisoner's [CONFIDENTIAL 24 HEALTH INFORMATION, INFORMATION PROTECTED UNDER 25 AS 33.16.170,] proposed residence and [, OR] employment addresses. 26 * Sec. 97. AS 33.16.120(f) is amended to read: 27 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c) 28 [OR 33.16.090,] the board shall make every reasonable effort to notify the victim 29 before the prisoner's release date. Notification under this subsection must include the 30 expected date of the prisoner's release, the geographic area in which the prisoner is 31 required to reside, and other pertinent information concerning the prisoner's conditions
01 of parole that may affect the victim. 02 * Sec. 98. AS 33.16.120(g) is amended to read: 03 (g) A victim of a crime involving domestic violence [OR OF A SEXUAL 04 ASSAULT UNDER AS 11.41.410 - 11.41.427] shall be informed by the board at least 05 30 days in advance of a scheduled hearing to review or consider discretionary parole 06 for a prisoner. The board shall inform the victim of any decision to grant or deny 07 discretionary parole or to release the prisoner under AS 33.16.010(c). If the prisoner 08 is to be released, the victim shall be notified of the expected date of the release, the 09 geographic area in which the prisoner will reside, and any other information 10 concerning conditions of parole that may affect the victim. The victim shall also be 11 informed of any changes in the conditions of parole that may affect the victim. The 12 board shall send the notice required to the last known address of the victim. A person 13 may not bring a civil action for damages for a failure to comply with the provisions of 14 this subsection. 15 * Sec. 99. AS 33.16.130 is repealed and reenacted to read: 16 Sec. 33.16.130. Application for discretionary parole. (a) A prisoner eligible 17 for discretionary parole may apply to the board for discretionary parole. As part of the 18 application for parole, the prisoner shall submit to the board a parole release plan that 19 includes the prisoner's plan for employment, residence, and other information 20 concerning the prisoner's rehabilitative plans if released on parole. 21 (b) Before the board determines a prisoner's suitability for discretionary 22 parole, the prisoner is entitled to a hearing before the board. The prisoner shall be 23 furnished a copy of the preparole reports listed in AS 33.16.110, and permitted access 24 to all records that will be considered by the board in making its decision except those 25 that are made confidential by law. The prisoner may also respond in writing to all 26 materials considered by the board, be present at the hearing, and present evidence to 27 the board. 28 (c) The board shall issue its decision in writing and provide the basis for a 29 denial of discretionary parole. A copy of the decision shall be provided to the prisoner. 30 * Sec. 100. AS 33.16.150(g) is amended to read: 31 (g) In addition to other conditions of parole imposed under this section for a
01 prisoner serving a sentence for an offense where the aggravating factor provided in 02 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 03 condition of special medical, discretionary, and mandatory parole a requirement that 04 the prisoner submit to electronic monitoring. Electronic monitoring under this 05 subsection must [COMPLY WITH AS 33.30.011(a)(10) AND] provide for monitoring 06 of the prisoner's location and movements by Global Positioning System technology. 07 The board shall require a prisoner serving a period of parole with electronic 08 monitoring as provided under this subsection to pay all or a portion of the costs of the 09 electronic monitoring, but only if the prisoner has sufficient financial resources to pay 10 the costs or a portion of the costs. A prisoner subject to electronic monitoring under 11 this subsection is not entitled to a credit for time served in a correctional facility while 12 the defendant is on parole. In this subsection, "correctional facility" has the meaning 13 given in AS 33.30.901. 14 * Sec. 101. AS 33.16.180 is amended to read: 15 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 16 (1) conduct investigations of prisoners eligible for discretionary parole, 17 as requested by the board [AND AS PROVIDED IN THIS SECTION]; 18 (2) supervise the conduct of parolees; 19 (3) appoint and assign parole officers and personnel; 20 (4) notify the board and provide information on a prisoner 120 days 21 before the prisoner's mandatory release date, if the prisoner is to be released on 22 mandatory parole; and 23 (5) maintain records, files, and accounts as requested by the board [; 24 (6) PREPARE PREPAROLE REPORTS UNDER AS 33.16.110(a); 25 (7) NOTIFY THE BOARD IN WRITING OF A PRISONER'S 26 COMPLIANCE OR NONCOMPLIANCE WITH THE PRISONER'S CASE PLAN 27 CREATED UNDER AS 33.30.011(a)(8) NOT LESS THAN 30 DAYS BEFORE THE 28 PRISONER'S NEXT PAROLE ELIGIBILITY DATE OR THE PRISONER'S 29 PAROLE HEARING DATE, WHICHEVER IS EARLIER; 30 (8) ESTABLISH AN ADMINISTRATIVE SANCTION AND 31 INCENTIVE PROGRAM TO FACILITATE A SWIFT AND CERTAIN RESPONSE
01 TO A PAROLEE'S COMPLIANCE WITH OR VIOLATION OF THE 02 CONDITIONS OF PAROLE AND SHALL ADOPT REGULATIONS TO 03 IMPLEMENT THE PROGRAM; AT A MINIMUM, THE REGULATIONS MUST 04 INCLUDE 05 (A) A DECISION-MAKING PROCESS TO GUIDE PAROLE 06 OFFICERS IN DETERMINING THE SUITABLE RESPONSE TO 07 POSITIVE AND NEGATIVE OFFENDER BEHAVIOR THAT INCLUDES 08 A LIST OF SANCTIONS FOR THE MOST COMMON TYPES OF 09 NEGATIVE BEHAVIOR, INCLUDING TECHNICAL VIOLATIONS OF 10 CONDITIONS OF PAROLE, AND A LIST OF INCENTIVES FOR 11 COMPLIANCE WITH CONDITIONS AND POSITIVE BEHAVIOR THAT 12 EXCEEDS THOSE CONDITIONS; 13 (B) POLICIES AND PROCEDURES THAT ENSURE 14 (i) A PROCESS FOR RESPONDING TO NEGATIVE 15 BEHAVIOR THAT INCLUDES A REVIEW OF PREVIOUS 16 VIOLATIONS AND SANCTIONS; 17 (ii) THAT ENHANCED SANCTIONS FOR CERTAIN 18 NEGATIVE CONDUCT ARE APPROVED BY THE 19 COMMISSIONER OR THE COMMISSIONER'S DESIGNEE; AND 20 (iii) THAT APPROPRIATE DUE PROCESS 21 PROTECTIONS ARE INCLUDED IN THE PROCESS, INCLUDING 22 NOTICE OF NEGATIVE BEHAVIOR, AN OPPORTUNITY TO 23 DISPUTE THE ACCUSATION AND THE SANCTION, AND AN 24 OPPORTUNITY TO REQUEST A REVIEW OF THE 25 ACCUSATION AND THE SANCTION; AND 26 (9) WITHIN 30 DAYS AFTER SENTENCING OF AN OFFENDER, 27 PROVIDE THE VICTIM OF A CRIME INFORMATION ON THE EARLIEST 28 DATES THE OFFENDER COULD BE RELEASED ON FURLOUGH, 29 PROBATION, OR PAROLE, INCLUDING DEDUCTIONS OR REDUCTIONS 30 FOR GOOD TIME OR OTHER GOOD CONDUCT INCENTIVES, AND THE 31 PROCESS FOR RELEASE, INCLUDING CONTACT INFORMATION FOR THE
01 DECISION-MAKING BODIES]. 02 * Sec. 102. AS 33.16.210(a) is amended to read: 03 (a) The board may unconditionally discharge a parolee from the jurisdiction 04 and custody of the board after the parolee has completed two years [ONE YEAR] of 05 parole. A discretionary parolee with a residual period of probation may, after two 06 years [ONE YEAR] of parole, be discharged by the board to immediately begin 07 serving the residual period of probation. 08 * Sec. 103. AS 33.16.210(b) is amended to read: 09 (b) Notwithstanding (a) of this section, the board may unconditionally 10 discharge a mandatory parolee before the parolee has completed two years [ONE 11 YEAR] of parole if the parolee is serving a concurrent period of residual probation 12 under AS 33.20.040(c), and the period of residual probation and the period of 13 suspended imprisonment each equal or exceed the period of mandatory parole. 14 * Sec. 104. AS 33.16.220(b) is amended to read: 15 (b) Except as provided in (e) of this section, within 15 working days after the 16 arrest and incarceration of a parolee for violation of a condition of parole, [OTHER 17 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215,] the board or its 18 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 19 designee shall determine if there is probable cause to believe that the parolee violated 20 the conditions of parole and, when probable cause exists, whether the parolee should 21 be released pending a final revocation hearing. A finding of probable cause at a 22 preliminary hearing in a criminal case is conclusive proof of probable cause that a 23 parole violation occurred. 24 * Sec. 105. AS 33.16.220(f) is amended to read: 25 (f) The [IF A PAROLEE HAS HAD A PRELIMINARY HEARING UNDER 26 (b) OF THIS SECTION, THE] board shall hold a final revocation hearing not later 27 than 120 days after a parolee's arrest, subject to restrictions arising under 28 AS 33.36.110 and (g) of this section. 29 * Sec. 106. AS 33.16.220(i) is amended to read: 30 (i) If, after the final revocation hearing, the board finds that the parolee has 31 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or
01 ordinance, the board may revoke all or a portion of the [REMAINING PERIOD OF] 02 parole [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215], or change any 03 condition of parole. [A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE 04 DATE OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT 05 FOR ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 06 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 07 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 08 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 09 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 10 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 11 TOLLED AS DESCRIBED IN THIS SECTION.] 12 * Sec. 107. AS 33.20.010(c) is repealed and reenacted to read: 13 (c) A prisoner may not be awarded a good time deduction under (a) of this 14 section for any period spent in a treatment program, in a private residence, or while 15 under electronic monitoring. 16 * Sec. 108. AS 33.30.011(a) is amended to read: 17 (a) The commissioner shall 18 (1) establish, maintain, operate, and control correctional facilities 19 suitable for the custody, care, and discipline of persons charged or convicted of 20 offenses against the state or held under authority of state law; each correctional facility 21 operated by the state shall be established, maintained, operated, and controlled in a 22 manner that is consistent with AS 33.30.015; 23 (2) classify prisoners; 24 (3) for persons committed to the custody of the commissioner, 25 establish programs, including furlough programs that are reasonably calculated to 26 (A) protect the public and the victims of crimes committed by 27 prisoners; 28 (B) maintain health; 29 (C) create or improve occupational skills; 30 (D) enhance educational qualifications; 31 (E) support court-ordered restitution; and
01 (F) otherwise provide for the rehabilitation and reformation of 02 prisoners, facilitating their reintegration into society; 03 (4) provide necessary 04 (A) medical services for prisoners in correctional facilities or 05 who are committed by a court to the custody of the commissioner, including 06 examinations for communicable and infectious diseases; 07 (B) psychological or psychiatric treatment if a physician or 08 other health care provider, exercising ordinary skill and care at the time of 09 observation, concludes that 10 (i) a prisoner exhibits symptoms of a serious disease or 11 injury that is curable or may be substantially alleviated; and 12 (ii) the potential for harm to the prisoner by reason of 13 delay or denial of care is substantial; and 14 (C) assessment or screening of the risks and needs of offenders 15 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 16 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 17 disorder; 18 (5) establish minimum standards for sex offender treatment programs 19 offered to persons who are committed to the custody of the commissioner; 20 (6) provide for fingerprinting in correctional facilities in accordance 21 with AS 12.80.060; and 22 (7) establish a program to conduct assessments of the risks and needs 23 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 24 to the legislature, by electronic means, by January 15, 2017, and thereafter by 25 January 15, preceding the first regular session of each legislature, a report 26 summarizing the findings and results of the program [; THE PROGRAM MUST 27 INCLUDE A REQUIREMENT FOR AN ASSESSMENT BEFORE A PRISONER'S 28 RELEASE ON PAROLE, FURLOUGH, OR ELECTRONIC MONITORING FROM 29 A CORRECTIONAL FACILITY; 30 (8) ESTABLISH A PROCEDURE THAT PROVIDES FOR EACH 31 PRISONER REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT OF
01 30 DAYS OR MORE A WRITTEN CASE PLAN THAT 02 (A) IS PROVIDED TO THE PRISONER WITHIN 90 DAYS 03 AFTER SENTENCING; 04 (B) IS BASED ON THE RESULTS OF THE ASSESSMENT 05 OF THE PRISONER'S RISKS AND NEEDS UNDER (7) OF THIS 06 SUBSECTION; 07 (C) INCLUDES A REQUIREMENT TO FOLLOW THE 08 RULES OF THE INSTITUTION; 09 (D) IS MODIFIED WHEN NECESSARY FOR CHANGES IN 10 CLASSIFICATION, HOUSING STATUS, MEDICAL OR MENTAL 11 HEALTH, AND RESOURCE AVAILABILITY; 12 (E) INCLUDES PARTICIPATION IN PROGRAMMING 13 THAT ADDRESSES THE NEEDS IDENTIFIED IN THE ASSESSMENT; 14 (9) ESTABLISH A PROGRAM TO BEGIN REENTRY PLANNING 15 WITH EACH PRISONER SERVING AN ACTIVE TERM OF IMPRISONMENT 16 OF 90 DAYS OR MORE; REENTRY PLANNING MUST BEGIN AT LEAST 90 17 DAYS BEFORE RELEASE ON FURLOUGH OR PROBATION OR PAROLE; THE 18 REENTRY PROGRAM MUST INCLUDE 19 (A) A WRITTEN REENTRY PLAN FOR EACH PRISONER 20 COMPLETED UPON RELEASE ON FURLOUGH OR PROBATION OR 21 PAROLE THAT INCLUDES INFORMATION ON THE PRISONER'S 22 PROPOSED 23 (i) RESIDENCE; 24 (ii) EMPLOYMENT OR ALTERNATIVE MEANS OF 25 SUPPORT; 26 (iii) TREATMENT OPTIONS; 27 (iv) COUNSELING SERVICES; 28 (v) EDUCATION OR JOB TRAINING SERVICES; 29 (B) ANY OTHER REQUIREMENTS FOR SUCCESSFUL 30 TRANSITION BACK TO THE COMMUNITY, INCLUDING 31 ELECTRONIC MONITORING OR FURLOUGH FOR THE PERIOD
01 BETWEEN A SCHEDULED PAROLE HEARING AND PAROLE 02 ELIGIBILITY; 03 (C) COORDINATION WITH THE DEPARTMENT OF 04 LABOR AND WORKFORCE DEVELOPMENT TO PROVIDE ACCESS, 05 AFTER RELEASE, TO JOB TRAINING AND EMPLOYMENT 06 ASSISTANCE; 07 (10) FOR OFFENDERS UNDER ELECTRONIC MONITORING, 08 ESTABLISH 09 (A) MINIMUM STANDARDS FOR ELECTRONIC 10 MONITORING, WHICH MAY INCLUDE THE REQUIREMENT OF 11 ACTIVE, REAL-TIME MONITORING USING GLOBAL POSITIONING 12 SYSTEMS; AND 13 (B) PROCEDURES FOR OVERSIGHT AND APPROVING 14 ELECTRONIC MONITORING PROGRAMS AND SYSTEMS PROVIDED 15 BY PRIVATE CONTRACTORS; AND 16 (11) ASSIST A PRISONER IN OBTAINING A VALID STATE 17 IDENTIFICATION CARD IF THE PRISONER DOES NOT HAVE A VALID 18 STATE IDENTIFICATION CARD BEFORE THE PRISONER'S RELEASE; THE 19 DEPARTMENT SHALL PAY THE APPLICATION FEE FOR THE 20 IDENTIFICATION CARD]. 21 * Sec. 109. AS 33.30.013(a) is amended to read: 22 (a) The commissioner shall notify the victim if the offender 23 [(1)] escapes from custody [; 24 (2) IS DISCHARGED FROM PAROLE UNDER AS 33.16;] or 25 [(3)] is released to the community on a furlough, on an early release 26 program, or for any other reason. 27 * Sec. 110. AS 33.30.065(a) is amended to read: 28 (a) If the commissioner designates a prisoner to serve the prisoner's term of 29 imprisonment or period of temporary commitment, or a part of the term or period, by 30 electronic monitoring, the commissioner shall direct the prisoner to serve the term or 31 period at the prisoner's residence or other place selected by the commissioner. The
01 electronic monitoring shall be administered by the department [OR BY A PRIVATE 02 CONTRACTOR APPROVED BY THE DEPARTMENT UNDER 03 AS 33.30.011(a)(10)(B)] and shall be designed so that any attempt to remove, tamper 04 with, or disable the monitoring equipment or to leave the place selected for the service 05 of the term or period will result in a report or notice to the department. 06 * Sec. 111. AS 33.30.151 is amended to read: 07 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 08 establish correctional restitution centers in the state. The purpose of the centers is to 09 provide certain offenders with rehabilitation through [COMPREHENSIVE 10 TREATMENT FOR SUBSTANCE ABUSE, COGNITIVE BEHAVIORAL 11 DISORDERS, AND OTHER CRIMINAL RISK FACTORS, INCLUDING 12 AFTERCARE SUPPORT,] community service [,] and employment [,] while 13 protecting the community through partial incarceration of the offender, and to create a 14 means to provide restitution to victims of crimes. 15 (b) The commissioner shall adopt regulations setting standards for the 16 operation of the centers including 17 (1) requirements that the centers be secure and in compliance with 18 state and local safety laws; 19 (2) standards for disciplinary rules to be imposed on prisoners confined 20 to the centers; 21 (3) standards for the granting of emergency absence to prisoners 22 confined to the centers; 23 (4) standards for classifying prisoners to centers; 24 (5) standards for mandatory employment and participation in 25 community service programs in each center; and 26 (6) standards for periodic review of the performance of prisoners 27 confined to the centers [AND QUALITY ASSURANCE MEASURES TO ENSURE 28 CENTERS ARE MEETING STATE STANDARDS AND CONTRACTUAL 29 OBLIGATIONS; 30 (7) STANDARDS FOR THE PROVISION OF TREATMENT, 31 INCLUDING SUBSTANCE ABUSE TREATMENT, COGNITIVE BEHAVIORAL
01 THERAPY, AND AFTERCARE DESIGNED TO ADDRESS AN OFFENDER'S 02 INDIVIDUAL CRIMINOGENIC NEEDS; AND 03 (8) STANDARDS AND A PROCESS TO ASSESS AN 04 OFFENDER'S RISK OF RECIDIVATING AND THE CRIMINAL RISK FACTORS 05 AND NEEDS THAT REDUCE THE RISK OF RECIDIVATING AND ENSURE 06 THAT 07 (A) HIGH RISK OFFENDERS WITH MODERATE TO 08 HIGH NEEDS ARE A PRIORITY FOR ACCEPTANCE INTO A 09 CORRECTIONAL RESTITUTION CENTER; AND 10 (B) CENTERS ESTABLISH INTERNAL PROCEDURES TO 11 LIMIT THE MIXING OF LOW AND HIGH RISK PRISONERS]. 12 * Sec. 112. AS 34.03.360(7) is amended to read: 13 (7) "illegal activity involving a controlled substance" means a violation 14 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) 15 - (8)], or 11.71.040(a)(1), (2), or (5); 16 * Sec. 113. AS 34.03.360(10) is amended to read: 17 (10) "illegal activity involving a place of prostitution" means a 18 violation of AS 11.66.120(a)(1) or 11.66.130(a)(1) or (4) [11.66.130(a)(2)(A) or (D)]; 19 * Sec. 114. AS 44.19.645(a) is amended to read: 20 (a) The commission shall evaluate the effect of sentencing laws and criminal 21 justice practices on the criminal justice system to evaluate whether those sentencing 22 laws and criminal justice practices provide for protection of the public, community 23 condemnation of the offender, the rights of victims of crimes, the rights of the accused 24 and the person convicted, restitution from the offender, and the principle of 25 reformation. The commission shall make recommendations for improving criminal 26 sentencing practices and criminal justice practices, including rehabilitation and 27 restitution. [THE COMMISSION SHALL ANNUALLY MAKE 28 RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON 29 HOW SAVINGS FROM CRIMINAL JUSTICE REFORMS SHOULD BE 30 REINVESTED TO REDUCE RECIDIVISM.] In formulating its recommendations, 31 the commission shall consider
01 (1) statutes, court rules, and court decisions relevant to sentencing of 02 criminal defendants in misdemeanor and felony cases; 03 (2) sentencing practices of the judiciary, including use of presumptive 04 sentences; 05 (3) means of promoting uniformity, proportionality, and accountability 06 in sentencing; 07 (4) alternatives to traditional forms of incarceration; 08 (5) the efficacy of parole and probation in ensuring public safety, 09 achieving rehabilitation, and reducing recidivism; 10 (6) the adequacy, availability, and effectiveness of treatment and 11 rehabilitation programs; 12 (7) crime and incarceration rates, including the rate of violent crime 13 and the abuse of controlled substances, in this state compared to other states, and best 14 practices adopted by other states that have proven to be successful in reducing 15 recidivism; 16 (8) the relationship between sentencing priorities and correctional 17 resources; 18 (9) the effectiveness of the state's current methodologies for the 19 collection and dissemination of criminal justice data; and 20 (10) whether the schedules for controlled substances in AS 11.71.140 - 21 11.71.190 are reasonable and appropriate, considering the criteria established in 22 AS 11.71.120(c). 23 * Sec. 115. AS 44.19.647(a) is amended to read: 24 (a) The commission shall submit to the governor and the legislature an annual 25 report [. THE REPORT MUST INCLUDE 26 (1) A DESCRIPTION] of its proceedings for the previous calendar 27 year and may submit [; 28 (2) A SUMMARY OF SAVINGS AND RECOMMENDATIONS ON 29 HOW SAVINGS FROM CRIMINAL JUSTICE REFORM SHOULD BE 30 REINVESTED TO REDUCE RECIDIVISM; 31 (3) PERFORMANCE METRICS AND OUTCOMES FROM THE
01 RECOMMENDATIONS THE COMMISSION MADE IN ITS DECEMBER 2015 02 REPORT, INCLUDING RECIDIVISM RATES, DEFINED AS 03 (A) THE PERCENTAGE OF INMATES WHO RETURN TO 04 PRISON WITHIN THREE YEARS AFTER RELEASE, BROKEN DOWN 05 BY OFFENSE TYPE AND RISK LEVEL; AND 06 (B) THE PERCENTAGE OF INMATES WHO RETURN TO 07 PRISON WITHIN THREE YEARS AFTER RELEASE FOR A NEW 08 CRIMINAL CONVICTION, BROKEN DOWN BY OFFENSE TYPE AND 09 RISK LEVEL; AND 10 (4) RECOMMENDATIONS FOR ADDITIONAL REFORMS, 11 WHICH MAY INCLUDE] recommendations for legislative and administrative action. 12 Reports and recommendations provided under this section shall be submitted not 13 later than February 1 of each year. 14 * Sec. 116. AS 44.66.010(a)(12) is amended to read: 15 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30, 16 2018 [JUNE 30, 2021]; 17 * Sec. 117. AS 47.12.315(a) is amended to read: 18 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 19 section, the department shall disclose information to the public, on request, concerning 20 a minor subject to this chapter who was at least 13 years of age at the time of 21 commission of 22 (1) a felony offense against a person under AS 11.41; 23 (2) arson in the first or second degree; 24 (3) burglary in the first degree; 25 (4) distribution of child pornography; 26 (5) sex trafficking in the first degree; 27 (6) misconduct involving a controlled substance in the first, [OR] 28 second, or third degrees involving distribution or possession with intent to deliver; or 29 (7) misconduct involving weapons in the first through fourth degrees. 30 * Sec. 118. AS 47.37.040, as amended by sec. 71, ch. 1, 4SSLA 2017, is amended to read: 31 Sec. 47.37.040. Duties of department. The department shall
01 (1) develop, encourage, and foster statewide, regional, and local plans 02 and programs for the prevention of alcoholism and drug abuse and treatment of 03 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 04 public and private agencies, organizations, and individuals, and provide technical 05 assistance and consultation services for these purposes; 06 (2) coordinate the efforts and enlist the assistance of all public and 07 private agencies, organizations, and individuals interested in prevention of alcoholism, 08 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 09 abusers, and inhalant abusers; 10 (3) cooperate with the Department of Corrections in establishing and 11 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 12 abusers, and inhalant abusers in or on parole from penal institutions; 13 (4) cooperate with the Department of Education and Early 14 Development, school boards, schools, police departments, courts, and other public and 15 private agencies, organizations, and individuals in establishing programs for the 16 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 17 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 18 materials for use at all levels of school education; 19 (5) prepare, publish, evaluate, and disseminate educational material 20 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 21 volatile substances; 22 (6) develop and implement, as an integral part of treatment programs, 23 an educational program for use in the treatment of alcoholics, intoxicated persons, 24 drug abusers, and inhalant abusers that includes the dissemination of information 25 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 26 (7) organize and foster training programs for all persons engaged in 27 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 28 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 29 abuse workers; 30 (8) sponsor and encourage research into the causes and nature of 31 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,
01 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 02 for information relating to alcoholism, drug abuse, and inhalant abuse; 03 (9) specify uniform methods for keeping statistical information by 04 public and private agencies, organizations, and individuals, and collect and make 05 available relevant statistical information, including number of persons treated, 06 frequency of admission and readmission, and frequency and duration of treatment; 07 (10) conduct program planning activities approved by the Advisory 08 Board on Alcoholism and Drug Abuse; 09 (11) review all state health, welfare, and treatment plans to be 10 submitted for federal funding, and advise the commissioner on provisions to be 11 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 12 abusers; 13 (12) assist in the development of, and cooperate with, alcohol, drug 14 abuse, and inhalant abuse education and treatment programs for employees of state 15 and local governments and businesses and industries in the state; 16 (13) use the support and assistance of interested persons in the 17 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 18 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 19 treatment; 20 (14) cooperate with the Department of Public Safety and the 21 Department of Transportation and Public Facilities in establishing and conducting 22 programs designed to deal with the problem of persons operating motor vehicles while 23 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 24 develop and approve alcohol information courses required to be taken by drivers under 25 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 26 laws; 27 (15) encourage hospitals and other appropriate health facilities to 28 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 29 inhalant abusers and to provide them with adequate and appropriate treatment; 30 (16) encourage all health insurance programs to include alcoholism 31 and drug abuse as a covered illness;
01 (17) prepare an annual report covering the activities of the department 02 and notify the legislature that the report is available; 03 (18) develop and implement a training program on alcoholism and 04 drug abuse for employees of state and municipal governments, and private institutions; 05 (19) develop curriculum materials on drug and alcohol abuse and the 06 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 07 well as a course of instruction for teachers to be charged with presenting the 08 curriculum; 09 (20) develop and implement or designate, in cooperation with other 10 state or local agencies, a juvenile alcohol safety action program that provides alcohol 11 and substance abuse screening, referral, and monitoring of persons under 18 years of 12 age who have been referred to it by 13 (A) a court in connection with a charge or conviction of a 14 violation or misdemeanor related to the use of alcohol or a controlled 15 substance; 16 (B) the agency responsible for the administration of motor 17 vehicle laws in connection with a license action related to the use of alcohol or 18 a controlled substance; or 19 (C) department staff after a delinquency adjudication that is 20 related to the use of alcohol or a controlled substance; 21 (21) develop and implement, or designate, in cooperation with other 22 state or local agencies, an alcohol safety action program that provides alcohol and 23 substance abuse screening, referral, and monitoring services to persons who have been 24 referred by a court in connection with a charge or conviction of a misdemeanor 25 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a 26 controlled substance, referred by a court [OR] under AS 28.35.028 [AS 04.16.049 27 OR 04.16.050] or referred by an agency of the state with the responsibility for 28 administering motor vehicle laws in connection with a driver's license action involving 29 the use of alcohol or a controlled substance; 30 (22) whenever possible, apply evidence-based, research-based, and 31 consensus-based substance abuse and co-occurring substance abuse and mental health
01 disorders treatment practices and remove barriers that prevent the use of those 02 practices; 03 (23) collaborate with first responders, hospitals, schools, primary care 04 providers, developmental disability treatment providers, law enforcement, corrections, 05 attorneys, the Alaska Court System, community behavioral treatment providers, 06 Alaska Native organizations, and federally funded programs in implementing 07 programs for co-occurring substance abuse and mental health disorders treatment. 08 * Sec. 119. AS 47.38.020 is amended to read: 09 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 10 commissioner, in cooperation with the commissioner of corrections, shall establish a 11 program [USING A COMPETITIVE PROCUREMENT PROCESS] for certain 12 persons with release conditions ordered as provided under AS 12.30, or offenders with 13 conditions of probation, that include not consuming controlled substances or alcoholic 14 beverages. 15 (b) The commissioner shall adopt regulations to implement the program. 16 [THE REGULATIONS MUST INCLUDE REGULATIONS REGARDING 17 PRODUCTS AND SERVICES THAT PROVIDE ALCOHOL AND SUBSTANCE 18 ABUSE MONITORING.] 19 (c) The commissioner shall include in the program 20 (1) a requirement for twice-a-day testing, [EITHER REMOTELY OR] 21 in person if practicable, for alcoholic beverage use and random testing for controlled 22 substances; 23 (2) a means to provide the probation officer, prosecutor's office, or 24 local law enforcement agency with notice within 24 hours, so that a complaint may be 25 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 26 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 27 or an arrest warrant may be issued for the person on release or offender with 28 conditions of probation provided in this subsection, if the person or offender 29 (A) fails to appear for an appointment [OR FAILS TO 30 COMPLETE A TEST THROUGH THE USE OF REMOTE ALCOHOL OR 31 SUBSTANCE ABUSE MONITORING TECHNOLOGY] as required by the
01 program requirements; or 02 (B) tests positive for the use of controlled substances or 03 alcoholic beverages; and 04 (3) a requirement that the person or offender pay, based on the person's 05 or offender's ability under financial guidelines established by the commissioner, for 06 the cost of participating in the program. 07 (d) The department shall [CONTRACT WITH ONE OR MORE VENDORS 08 USING A COMPETITIVE PROCUREMENT PROCESS IN ACCORDANCE WITH 09 AS 36.30 (STATE PROCUREMENT CODE) TO] provide or conduct the testing 10 required under (c) of this section. 11 * Sec. 120. AS 47.38.100(a) is amended to read: 12 (a) The recidivism reduction program is established to promote the 13 rehabilitation through transitional re-entry programs of persons [ON PROBATION 14 OR PAROLE OR] incarcerated for offenses and recently released from correctional 15 facilities. 16 * Sec. 121. AS 47.38.100(b) is amended to read: 17 (b) The commissioner, in cooperation with the commissioner of corrections 18 [ALASKA CRIMINAL JUSTICE COMMISSION ESTABLISHED IN 19 AS 44.19.641], may provide for programs that have, as a primary focus, rehabilitation 20 and reduction of recidivism through transitional re-entry for persons [ON 21 PROBATION OR PAROLE OR] incarcerated for offenses and recently released from 22 correctional facilities. The commissioner may enter into contracts to provide for 23 programs under this section. A [AN ELIGIBLE] program under this section must 24 [ACCOMPLISH AT LEAST ONE OF THE FOLLOWING OBJECTIVES:] 25 (1) include case management; 26 (2) require sober living; 27 (3) provide, on-site or by referral, treatment for substance abuse 28 or mental health treatment; 29 (4) require employment, educational programming, vocational 30 training, or community volunteer work as approved by the director of the 31 treatment program; and
01 (5) limit residential placements in the program to a maximum of 02 one year [INCREASING ACCESS TO EVIDENCE-BASED REHABILITATION 03 PROGRAMS, INCLUDING DRUG AND ALCOHOL TREATMENT, MENTAL 04 HEALTH TREATMENT, AND COGNITIVE BEHAVIORAL PROGRAMS; OR 05 (2) SUPPORTING OFFENDERS' TRANSITION AND RE-ENTRY 06 FROM CORRECTIONAL FACILITIES TO THE COMMUNITY, INCLUDING 07 TRANSITIONAL HOUSING SERVICES, EMPLOYMENT SERVICES, 08 VOCATIONAL TRAINING, EDUCATIONAL SUPPORT, COUNSELING, AND 09 MEDICAL CARE]. 10 * Sec. 122. Section 35, ch. 83, SLA 2014, as amended by sec. 177, ch. 36, SLA 2016, is 11 amended to read: 12 Sec. 35. AS 22.20.210 is repealed June 30, 2018 [JUNE 30, 2021]. 13 * Sec. 123. AS 09.55.700; AS 11.46.980(d), 11.46.982; AS 11.56.730(e); AS 11.66.100(c), 14 11.66.150(1); AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 15 11.71.030(a)(7), 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 16 11.71.050(a)(4); AS 12.25.180(c), 12.25.190(d); AS 12.30.055(b); AS 12.55.011(b), 17 12.55.027(f), 12.55.027(g), 12.55.055(g), 12.55.055(h), 12.55.078, 12.55.090(g), 18 12.55.090(h), 12.55.090(i), 12.55.090(j), 12.55.090(k), 12.55.090(l), 12.55.090(m), 19 12.55.090(n), 12.55.100(a)(1), 12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 12.55.110(e), 20 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n), 21 12.55.135(o), 12.55.135(p), 12.55.145(a)(5); AS 12.61.016, 12.61.017(d); AS 22.35.030(4); 22 AS 28.15.165(e), 28.15.201(g), 28.15.201(h), 28.15.201(i), 28.15.201(j); AS 29.25.070(g); 23 AS 33.05.020(g), 33.05.020(h), 33.05.080(1); AS 33.07.010, 33.07.020, 33.07.030, 24 33.07.040, 33.07.090; AS 33.16.100(f), 33.16.100(g), 33.16.110(a)(9), 33.16.110(a)(10), 25 33.16.150(h), 33.16.150(i), 33.16.210(c), 33.16.215, 33.16.220(j), 33.16.240(h), 33.16.240(i), 26 33.16.270, 33.16.900(2); AS 33.20.010(a)(4); AS 33.30.095; AS 43.23.065(b)(9); 27 AS 43.61.010(c), 43.61.010(d), 43.61.010(e); AS 44.19.645(b)(3), 44.19.645(b)(4), 28 44.19.645(c), 44.19.645(d), 44.19.645(e), 44.19.645(f), 44.19.645(g), 44.19.645(h), 29 44.19.647(b), 44.19.647(c); AS 47.27.015(i); AS 47.37.130(h)(3), 47.37.130(k); and 30 AS 47.38.100(d) are repealed. 31 * Sec. 124. Section 178, ch. 36, SLA 2016, sec. 73, ch. 1, 4SSLA 2017, sec. 76, ch. 1,
01 4SSLA 2017, and sec. 77, ch. 1, 4SSLA 2017, are repealed. 02 * Sec. 125. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 APPLICABILITY. (a) The following sections apply to offenses committed on or after 05 the effective date of those sections: 06 (1) AS 11.46.130(a), as amended by sec. 4 of this Act; 07 (2) AS 11.46.140(a), as amended by sec. 5 of this Act; 08 (3) AS 11.46.150(a), as amended by sec. 6 of this Act; 09 (4) AS 11.46.220(c), as amended by sec. 7 of this Act; 10 (5) AS 11.46.260(b), as amended by sec. 8 of this Act; 11 (6) AS 11.46.270(b), as amended by sec. 9 of this Act; 12 (7) AS 11.46.280(d), as amended by sec. 10 of this Act; 13 (8) AS 11.46.285(b), as amended by sec. 11 of this Act; 14 (9) AS 11.46.295, as amended by sec. 12 of this Act; 15 (10) AS 11.46.360(a), as amended by sec. 13 of this Act; 16 (11) AS 11.46.420(a), as amended by sec. 14 of this Act; 17 (12) AS 11.46.460, as amended by sec. 15 of this Act; 18 (13) AS 11.46.482(a), as amended by sec. 16 of this Act; 19 (14) AS 11.46.484(a), as amended by sec. 17 of this Act; 20 (15) AS 11.46.486(a), as amended by sec. 18 of this Act; 21 (16) AS 11.46.530(b), as amended by sec. 19 of this Act; 22 (17) AS 11.46.620(d), as amended by sec. 20 of this Act; 23 (18) AS 11.46.730(c), as amended by sec. 21 of this Act; 24 (19) AS 11.56.730(d), as amended by sec. 23 of this Act; 25 (20) AS 11.56.757(b), as amended by sec. 24 of this Act; 26 (21) AS 11.61.110(c), as amended by sec. 25 of this Act; 27 (22) AS 11.61.150(c), as amended by sec. 28 of this Act; 28 (23) AS 11.66.110(a), as amended by sec. 29 of this Act; 29 (24) AS 11.66.130(a), as amended by sec. 30 of this Act; 30 (25) AS 11.66.135(a), as amended by sec. 31 of this Act; 31 (26) AS 11.66.200(c), as amended by sec. 32 of this Act;
01 (27) AS 11.71.021, enacted by sec. 33 of this Act; 02 (28) AS 11.71.030(a), as amended by sec. 34 of this Act; 03 (29) AS 11.71.030(d), as amended by sec. 35 of this Act; 04 (30) AS 11.71.040(a), as amended by sec. 36 of this Act; 05 (31) AS 11.71.040(d), as amended by sec. 37 of this Act; 06 (32) AS 11.71.050, as amended by sec. 38 of this Act; 07 (33) AS 11.71.060, as amended by sec. 39 of this Act; 08 (34) AS 28.15.291(a), as repealed and reenacted by sec. 79 of this Act; 09 (35) AS 29.10.200(21), as amended by sec. 86 of this Act; and 10 (36) AS 29.25.070(a), as amended by sec. 87 of this Act. 11 (b) The following sections apply to contact with a police officer occurring on or after 12 the effective date of those sections for offenses occurring before, on, or after the effective date 13 of those sections: 14 (1) AS 12.25.150(a), as amended by sec. 41 of this Act; 15 (2) AS 12.25.180(a), as amended by sec. 42 of this Act; 16 (3) AS 12.25.180(b), as amended by sec. 43 of this Act; and 17 (4) AS 12.25.190(b), as amended by sec. 44 of this Act. 18 (c) The following sections apply to offenses committed on or after the effective date 19 of those sections: 20 (1) AS 12.30.006(b), as amended by sec. 45 of this Act; 21 (2) AS 12.30.006(c), as amended by sec. 46 of this Act; 22 (3) AS 12.30.006(d), as amended by sec. 47 of this Act; 23 (4) AS 12.30.006(f), as amended by sec. 48 of this Act; 24 (5) AS 12.30.011, as repealed and reenacted by sec. 49 of this Act; 25 (6) AS 12.30.016(b), as amended by sec. 50 of this Act; 26 (7) AS 12.30.016(c), as amended by sec. 51 of this Act; 27 (8) AS 12.30.021(a), as amended by sec. 53 of this Act; and 28 (9) AS 12.30.021(c), as amended by sec. 54 of this Act. 29 (d) The following sections apply to sentences imposed on or after the effective date of 30 those sections for conduct occurring on or after the effective date of those sections: 31 (1) AS 12.55.025(c), as amended by sec. 55 of this Act;
01 (2) AS 12.55.027(a), as amended by sec. 56 of this Act; 02 (3) AS 12.55.027(b), as repealed and reenacted by sec. 57 of this Act; 03 (4) AS 12.55.027(c), as repealed and reenacted by sec. 58 of this Act; 04 (5) AS 12.55.051(a), as amended by sec. 59 of this Act; 05 (6) AS 12.55.125(c), as amended by sec. 65 of this Act; 06 (7) AS 12.55.125(d), as amended by sec. 66 of this Act; 07 (8) AS 12.55.125(e), as amended by sec. 67 of this Act; 08 (9) AS 12.55.125(q), as amended by sec. 68 of this Act; 09 (10) AS 12.55.135(a), as amended by sec. 69 of this Act; 10 (11) AS 12.55.135(b), as amended by sec. 70 of this Act; 11 (12) AS 12.55.135(q), enacted by sec. 71 of this Act; 12 (13) AS 28.15.291(b), as repealed and reenacted by sec. 80 of this Act; 13 (14) AS 28.35.030(k), as amended by sec. 82 of this Act; and 14 (15) AS 28.35.032(o), as amended by sec. 85 of this Act. 15 (e) AS 12.55.055(a), as amended by sec. 60 of this Act, and AS 12.55.055(c), as 16 amended by sec. 61 of this Act, apply to community work service imposed on or after the 17 effective date of secs. 60 and 61 of this Act for conduct occurring on or after the effective date 18 of secs. 60 and 61 of this Act. 19 (f) The following sections apply to probation ordered on or after the effective date of 20 those sections for conduct occurring on or after the effective date of those sections: 21 (1) AS 12.55.090(b), as amended by sec. 62 of this Act; 22 (2) AS 12.55.090(c), as amended by sec. 63 of this Act; and 23 (3) AS 12.55.090(f), as amended by sec. 64 of this Act. 24 (g) AS 28.35.030(o), as amended by sec. 84 of this Act, applies to revocation of a 25 driver's license, privilege to drive, privilege to obtain a driver's license, or an identification 26 card or driver's license occurring on or after the effective date of sec. 84 of this Act. 27 (h) The following sections apply to parole granted on or after the effective date of 28 those sections for conduct occurring on or after the effective date of those sections: 29 (1) AS 33.16.010(c), as amended by sec. 89 of this Act; 30 (2) AS 33.16.060(a), as amended by sec. 90 of this Act; 31 (3) AS 33.16.090(a), as amended by sec. 91 of this Act;
01 (4) AS 33.16.090(b), as amended by sec. 92 of this Act; 02 (5) AS 33.16.100(h), enacted by sec. 95 of this Act; 03 (6) AS 33.16.150(g), as amended by sec. 100 of this Act; 04 (7) AS 33.16.210(a), as amended by sec. 102 of this Act; 05 (8) AS 33.16.210(b), as amended by sec. 103 of this Act; 06 (9) AS 33.16.220(b), as amended by sec. 104 of this Act; 07 (10) AS 33.16.220(f), as amended by sec. 105 of this Act; 08 (11) AS 33.16.220(i), as amended by sec. 106 of this Act; and 09 (12) AS 33.20.010(c), as repealed and reenacted by sec. 107 of this Act. 10 (i) AS 33.16.100(a), as amended by sec. 93 of this Act, applies to parole granted on or 11 after the effective date of sec. 93 of this Act, for conduct occurring before, on, or after the 12 effective date of sec. 93 of this Act. 13 * Sec. 126. Section 193, ch. 36, SLA 2016, sec. 79, ch. 1, 4SSLA 2017, sec. 81, ch. 1, 14 4SSLA 2017, and sec. 83, ch. 1, 4SSLA 2017, are repealed. 15 * Sec. 127. This Act takes effect immediately under AS 01.10.070(c).