HB 9: "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; repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 HOUSE BILL NO. 9 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 repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an 11 effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 04.16.160(a) is amended to read: 02 (a) Except as otherwise provided by law, a person who is 21 years of age or 03 older may not purchase alcoholic beverages if the person has been ordered to refrain 04 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 05 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 06 municipal ordinance or [,] as a condition of probation or parole from a conviction 07 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A 08 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The 09 restriction on purchasing alcoholic beverages applies during the period that the person 10 is required to refrain from consuming alcoholic beverages under the sentence or 11 condition of probation or parole. 12 * Sec. 2. AS 11.41.110(a) is amended to read: 13 (a) A person commits the crime of murder in the second degree if 14 (1) with intent to cause serious physical injury to another person or 15 knowing that the conduct is substantially certain to cause death or serious physical 16 injury to another person, the person causes the death of any person; 17 (2) the person knowingly engages in conduct that results in the death 18 of another person under circumstances manifesting an extreme indifference to the 19 value of human life; 20 (3) under circumstances not amounting to murder in the first degree 21 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 22 person commits or attempts to commit arson in the first degree, kidnapping, sexual 23 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 24 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 25 degree, escape in the first or second degree, robbery in any degree, or misconduct 26 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 27 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 28 and, in the course of or in furtherance of that crime or in immediate flight from that 29 crime, any person causes the death of a person other than one of the participants; 30 (4) acting with a criminal street gang, the person commits or attempts 31 to commit a crime that is a felony and, in the course of or in furtherance of that crime
01 or in immediate flight from that crime, any person causes the death of a person other 02 than one of the participants; or 03 (5) the person with criminal negligence causes the death of a child 04 under the age of 16, and the person has been previously convicted of a crime involving 05 a child under the age of 16 that was 06 (A) a felony violation of AS 11.41; 07 (B) in violation of a law or ordinance in another jurisdiction 08 with elements similar to a felony under AS 11.41; or 09 (C) an attempt, a solicitation, or a conspiracy to commit a 10 crime listed in (A) or (B) of this paragraph. 11 * Sec. 3. AS 11.41.150(a) is amended to read: 12 (a) A person commits the crime of murder of an unborn child if the person 13 (1) with intent to cause the death of an unborn child or of another 14 person, causes the death of an unborn child; 15 (2) with intent to cause serious physical injury to an unborn child or to 16 another person or knowing that the conduct is substantially certain to cause death or 17 serious physical injury to an unborn child or to another person, causes the death of an 18 unborn child; 19 (3) while acting alone or with one or more persons, commits or 20 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 21 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 22 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 23 first or second degree, robbery in any degree, or misconduct involving a controlled 24 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 25 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 26 in furtherance of that crime or in immediate flight from that crime, any person causes 27 the death of an unborn child; 28 (4) knowingly engages in conduct that results in the death of an unborn 29 child under circumstances manifesting an extreme indifference to the value of human 30 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 31 relationship in which domestic violence, as defined in AS 18.66.990, has occurred
01 does not constitute conduct manifesting an extreme indifference to the value of human 02 life. 03 * Sec. 4. AS 11.46.130(a) is amended to read: 04 (a) A person commits the crime of theft in the second degree if the person 05 commits theft as defined in AS 11.46.100 and 06 (1) the value of the property or services [, ADJUSTED FOR 07 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 08 $25,000; 09 (2) the property is a firearm or explosive; 10 (3) the property is taken from the person of another; 11 (4) the property is taken from a vessel and is vessel safety or survival 12 equipment; 13 (5) the property is taken from an aircraft and the property is aircraft 14 safety or survival equipment; 15 (6) the value of the property [, ADJUSTED FOR INFLATION AS 16 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 17 preceding five years, the person has been convicted and sentenced on two or more 18 separate occasions in this or another jurisdiction of 19 (A) an offense under AS 11.46.120, or an offense under 20 another law or ordinance with similar elements; 21 (B) a crime set out in this subsection or an offense under 22 another law or ordinance with similar elements; 23 (C) an offense under AS 11.46.140(a)(1), or an offense under 24 another law or ordinance with similar elements; or 25 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 26 offense under another law or ordinance with similar elements; or 27 (7) the property is an access device. 28 * Sec. 5. AS 11.46.140(a) is amended to read: 29 (a) A person commits the crime of theft in the third degree if the person 30 commits theft as defined in AS 11.46.100 and 31 (1) the value of the property or services [, ADJUSTED FOR
01 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 02 or 03 (2) [REPEALED] 04 (3) [REPEALED] 05 (4) the value of the property is less than $250 and, within the preceding 06 five years, the person has been convicted and sentenced on three or more separate 07 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 08 offense under another law or ordinance with similar elements. 09 * Sec. 6. AS 11.46.150(a) is amended to read: 10 (a) A person commits the crime of theft in the fourth degree if the person 11 commits theft as defined in AS 11.46.100 and the value of the property or services [, 12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 13 * Sec. 7. AS 11.46.220(c) is amended to read: 14 (c) Concealment of merchandise is 15 (1) a class C felony if 16 (A) the merchandise is a firearm; 17 (B) the value of the merchandise [, ADJUSTED FOR 18 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 19 (C) the value of the merchandise [, ADJUSTED FOR 20 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 21 $750 and, within the preceding five years, the person has been convicted and 22 sentenced on two or more separate occasions in this or another jurisdiction of 23 (i) the offense of concealment of merchandise under 24 this paragraph or (2)(A) of this subsection, or an offense under another 25 law or ordinance with similar elements; or 26 (ii) an offense under AS 11.46.120, 11.46.130, or 27 11.46.140(a)(1), or an offense under another law or ordinance with 28 similar elements; 29 (2) a class A misdemeanor if 30 (A) the value of the merchandise [, ADJUSTED FOR 31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
01 $750; or 02 (B) [REPEALED] 03 (C) the value of the merchandise is less than $250 and, within 04 the preceding five years, the person has been convicted and sentenced on three 05 or more separate occasions of the offense of concealment of merchandise or 06 theft in any degree, or an offense under another law or ordinance with similar 07 elements; 08 (3) a class B misdemeanor if the value of the merchandise [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 10 * Sec. 8. AS 11.46.260(b) is amended to read: 11 (b) Removal of identification marks is 12 (1) a class C felony if the value of the property on which the serial 13 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 14 PROVIDED IN AS 11.46.982,] is $750 or more; 15 (2) a class A misdemeanor if the value of the property on which the 16 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 17 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 18 (3) a class B misdemeanor if the value of the property on which the 19 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 20 PROVIDED IN AS 11.46.982,] is less than $250. 21 * Sec. 9. AS 11.46.270(b) is amended to read: 22 (b) Unlawful possession is 23 (1) a class C felony if the value of the property on which the serial 24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 25 PROVIDED IN AS 11.46.982,] is $750 or more; 26 (2) a class A misdemeanor if the value of the property on which the 27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 29 (3) a class B misdemeanor if the value of the property on which the 30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 31 PROVIDED IN AS 11.46.982,] is less than $250.
01 * Sec. 10. AS 11.46.280(d) is amended to read: 02 (d) Issuing a bad check is 03 (1) a class B felony if the face amount of the check is $25,000 or more; 04 (2) a class C felony if the face amount of the check [, ADJUSTED 05 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 06 $25,000; 07 (3) a class A misdemeanor if the face amount of the check [, 08 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 09 but less than $750; 10 (4) a class B misdemeanor if the face amount of the check [, 11 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 12 * Sec. 11. AS 11.46.285(b) is amended to read: 13 (b) Fraudulent use of an access device is 14 (1) a class B felony if the value of the property or services obtained is 15 $25,000 or more; 16 (2) a class C felony if the value of the property or services obtained [, 17 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more 18 but less than $25,000; 19 (3) a class A misdemeanor if the value of the property or services 20 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 21 than $750. 22 * Sec. 12. AS 11.46.295 is amended to read: 23 Sec. 11.46.295. Prior convictions. For purposes of considering prior 24 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 25 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 26 AS 11.46.220(c), 27 (1) a conviction for an offense under another law or ordinance with 28 similar elements is a conviction of an offense having elements similar to those of an 29 offense defined as such under Alaska law at the time the offense was committed; 30 (2) a conviction for an offense under Alaska law where the value of the 31 property or services for the offense was lower than the value of property or services
01 for the offense under current Alaska law is a prior conviction for that offense; and 02 (3) the court shall consider the date of a prior conviction as occurring 03 on the date that sentence is imposed for the prior offense. 04 * Sec. 13. AS 11.46.360(a) is amended to read: 05 (a) A person commits the crime of vehicle theft in the first degree if, having 06 no right to do so or any reasonable ground to believe the person has such a right, the 07 person drives, tows away, or takes 08 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 09 of another; 10 (2) the propelled vehicle of another and 11 (A) the vehicle or any other property of another is damaged in a 12 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 13 AS 11.46.982,] of $750 or more; 14 (B) the owner incurs reasonable expenses as a result of the loss 15 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 16 PROVIDED IN AS 11.46.982,] of $750 or more; or 17 (C) the owner is deprived of the use of the vehicle for seven 18 days or more; 19 (3) the propelled vehicle of another and the vehicle is marked as a 20 police or emergency vehicle; or 21 (4) the propelled vehicle of another and, within the preceding seven 22 years, the person was convicted under 23 (A) this section or AS 11.46.365; 24 (B) former AS 11.46.482(a)(4) or (5); 25 (C) former AS 11.46.484(a)(2); 26 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 27 of a propelled vehicle; or 28 (E) a law or ordinance of this or another jurisdiction with 29 elements substantially similar to those of an offense described in (A) - (D) of 30 this paragraph. 31 * Sec. 14. AS 11.46.420(a) is amended to read:
01 (a) A person commits the crime of arson in the third degree if the person 02 intentionally damages a motor vehicle 03 [(1)] by starting a fire or causing an explosion while that vehicle is 04 located on state or municipal [PUBLIC] land [; OR 05 (2) THAT IS THE PROPERTY OF ANOTHER PERSON BY 06 STARTING A FIRE OR CAUSING AN EXPLOSION WHILE THAT VEHICLE IS 07 LOCATED ON PRIVATE PROPERTY]. 08 * Sec. 15. AS 11.46.460 is amended to read: 09 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 10 the crime [OFFENSE] of disregard of a highway obstruction if, without the right to do 11 so or a reasonable ground to believe the person has the right, the person 12 (1) drives a vehicle through, over, or around an obstruction erected on 13 a highway under authority of AS 19.10.100; or 14 (2) opens an obstruction erected on a highway under authority of 15 AS 19.10.100. 16 (b) Violation of this section is a class B misdemeanor [VIOLATION 17 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 18 * Sec. 16. AS 11.46.482(a) is amended to read: 19 (a) A person commits the crime of criminal mischief in the third degree if, 20 having no right to do so or any reasonable ground to believe the person has such a 21 right, 22 (1) with intent to damage property of another, the person damages 23 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 24 IN AS 11.46.982,] of $750 or more; 25 (2) the person recklessly creates a risk of damage in an amount 26 exceeding $100,000 to property of another by the use of widely dangerous means; or 27 (3) the person knowingly 28 (A) defaces, damages, or desecrates a cemetery or the contents 29 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 30 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 31 memorial appears to be abandoned, lost, or neglected;
01 (B) removes human remains or associated burial artifacts from 02 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 03 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 04 * Sec. 17. AS 11.46.484(a) is amended to read: 05 (a) A person commits the crime of criminal mischief in the fourth degree if, 06 having no right to do so or any reasonable ground to believe the person has such a 07 right, 08 (1) with intent to damage property of another, the person damages 09 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 10 IN AS 11.46.982,] of $250 or more but less than $750; 11 (2) the person tampers with a fire protection device in a building that is 12 a public place; 13 (3) the person knowingly accesses a computer, computer system, 14 computer program, computer network, or part of a computer system or network; 15 (4) the person uses a device to descramble an electronic signal that has 16 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 17 device is used only to descramble signals received directly from a satellite or unless 18 the person owned the device before September 18, 1984; or 19 (5) the person knowingly removes, relocates, defaces, alters, obscures, 20 shoots at, destroys, or otherwise tampers with an official traffic control device or 21 damages the work on a highway under construction. 22 * Sec. 18. AS 11.46.486(a) is amended to read: 23 (a) A person commits the crime of criminal mischief in the fifth degree if, 24 having no right to do so or any reasonable ground to believe the person has such a 25 right, 26 (1) with reckless disregard for the risk of harm to or loss of the 27 property or with intent to cause substantial inconvenience to another, the person 28 tampers with property of another; 29 (2) with intent to damage property of another, the person damages 30 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 31 IN AS 11.46.982,] less than $250; or
01 (3) the person rides in a propelled vehicle and, with criminal 02 negligence, disregards the fact that it has been stolen or that it is being used in 03 violation of AS 11.46.360 or 11.46.365(a)(1). 04 * Sec. 19. AS 11.46.530(b) is amended to read: 05 (b) Criminal simulation is 06 (1) a class C felony if the value of what the object purports to represent 07 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 08 more; 09 (2) a class A misdemeanor if the value of what the object purports to 10 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 11 $250 or more but less than $750; 12 (3) a class B misdemeanor if the value of what the object purports to 13 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 14 than $250. 15 * Sec. 20. AS 11.46.620(d) is amended to read: 16 (d) Misapplication of property is 17 (1) a class C felony if the value of the property misapplied [, 18 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 19 (2) a class A misdemeanor if the value of the property misapplied [, 20 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 21 * Sec. 21. AS 11.46.730(c) is amended to read: 22 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 23 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 24 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 25 defendant's conduct, in which case defrauding secured creditors is 26 (1) a class B felony if the loss is $25,000 or more; 27 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 29 * Sec. 22. AS 11.56.730(a) is amended to read: 30 (a) A person commits the crime [OFFENSE] of failure to appear if the person 31 (1) is released under the provisions of AS 12.30;
01 (2) knows that the person is required to appear before a court or 02 judicial officer at the time and place of a scheduled hearing; and 03 (3) with criminal negligence does not appear before the court or 04 judicial officer at the time and place of the scheduled hearing. 05 * Sec. 23. AS 11.56.730(d) is amended to read: 06 (d) Failure to appear is a 07 (1) class C felony if the person was released in connection with a 08 charge of a felony or while awaiting sentence or appeal after conviction of a felony 09 [AND THE PERSON 10 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 11 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 12 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 13 HEARING; OR 14 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 15 SCHEDULED HEARING TO AVOID PROSECUTION]; 16 (2) class A misdemeanor if the person was released in connection with 17 a 18 (A) charge of a misdemeanor, while awaiting sentence or 19 appeal after conviction of a misdemeanor; or 20 (B) [, OR IN CONNECTION WITH A] requirement to appear 21 as a material witness in a criminal proceeding [, AND THE PERSON 22 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 23 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 24 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 25 HEARING; OR 26 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 27 SCHEDULED HEARING TO AVOID PROSECUTION; OR 28 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 29 * Sec. 24. AS 11.56.757(b) is amended to read: 30 (b) Violation of condition of release is a 31 (1) class A misdemeanor if the person is released from a charge or
01 conviction of a felony; 02 (2) class B misdemeanor if the person is released from a charge or 03 conviction of a misdemeanor. 04 * Sec. 25. AS 11.61.110(c) is amended to read: 05 (c) Disorderly conduct is a class B misdemeanor and is punishable as 06 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 07 be for a definite term of not more than 10 days. 08 * Sec. 26. AS 11.61.145(d) is amended to read: 09 (d) Promoting an exhibition of fighting animals 10 (1) under (a)(1) or (2) of this section is a class C felony; 11 (2) under (a)(3) of this section is 12 [(A)] a violation 13 [(i)] for the first offense, a class B misdemeanor [; 14 (ii) PUNISHABLE BY A FINE OF NOT MORE 15 THAN $1,000] for the second offense, [;] and 16 [(B)] a class A misdemeanor for the third and each subsequent 17 offense. 18 * Sec. 27. AS 11.61.150(a) is amended to read: 19 (a) A person commits the crime [OFFENSE] of obstruction of highways if the 20 person knowingly 21 (1) places, drops, or permits to drop on a highway any substance that 22 creates a substantial risk of physical injury to others using the highway; or 23 (2) renders a highway impassable or passable only with unreasonable 24 inconvenience or hazard. 25 * Sec. 28. AS 11.61.150(c) is amended to read: 26 (c) Obstruction of highways is a class B misdemeanor [VIOLATION 27 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 28 * Sec. 29. AS 11.66.110(a) is amended to read: 29 (a) A person commits the crime of sex trafficking in the first degree if the 30 person 31 (1) induces or causes a [ANOTHER] person to engage in prostitution
01 through the use of force; 02 (2) as other than a patron of a prostitute, induces or causes a 03 [ANOTHER] person [WHO IS] under 20 years of age to engage in prostitution; or 04 (3) induces or causes a person in that person's legal custody to engage 05 in prostitution. 06 * Sec. 30. AS 11.66.130(a) is amended to read: 07 (a) A person commits the crime of sex trafficking in the third degree if, with 08 intent to promote prostitution, the person 09 (1) [RECEIVES COMPENSATION FOR PROSTITUTION 10 SERVICES RENDERED BY ANOTHER; AND 11 (2) WITH THE INTENT TO PROMOTE PROSTITUTION, 12 (A)] manages, supervises, controls, or owns, either alone or in 13 association with others, a place of prostitution; 14 (2) [(B)] as other than a patron of a prostitute, induces or causes a 15 [ANOTHER] person who is 20 years of age or older to engage in prostitution; 16 (3) as other than a prostitute receiving compensation for 17 personally rendered prostitution services, [(C)] receives or agrees to receive money 18 or other property under an agreement or understanding that the money or other 19 property is derived from prostitution; or 20 (4) [(D)] engages in conduct that institutes, aids, or facilitates a 21 prostitution enterprise. 22 * Sec. 31. AS 11.66.135(a) is amended to read: 23 (a) A person commits the crime of sex trafficking in the fourth degree if the 24 person 25 [(1) RECEIVES COMPENSATION FOR PROSTITUTION 26 SERVICES RENDERED BY ANOTHER; AND 27 (2)] engages in conduct that institutes, aids, or facilitates prostitution 28 under circumstances not proscribed under AS 11.66.130(a)(4) 29 [AS 11.66.130(a)(2)(D)]. 30 * Sec. 32. AS 11.66.200(c) is amended to read: 31 (c) Gambling is a violation
01 [(1)] for the first offense. Gambling is a class B misdemeanor [; 02 (2) PUNISHABLE BY A FINE OF NOT MORE THAN $1,000] for 03 the second and each subsequent offense. 04 * Sec. 33. AS 11.71 is amended by adding a new section to read: 05 Sec. 11.71.021. Misconduct involving a controlled substance in the second 06 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 07 misconduct involving a controlled substance in the second degree if the person 08 (1) manufactures or delivers any amount of a schedule IA controlled 09 substance or possesses any amount of a schedule IA controlled substance with intent 10 to manufacture or deliver; 11 (2) manufactures any material, compound, mixture, or preparation that 12 contains 13 (A) methamphetamine, or its salts, isomers, or salts of isomers; 14 or 15 (B) an immediate precursor of methamphetamine, or its salts, 16 isomers, or salts of isomers; 17 (3) possesses an immediate precursor of methamphetamine, or the 18 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 19 with the intent to manufacture any material, compound, mixture, or preparation that 20 contains methamphetamine, or its salts, isomers, or salts of isomers; 21 (4) possesses a listed chemical with intent to manufacture any material, 22 compound, mixture, or preparation that contains 23 (A) methamphetamine, or its salts, isomers, or salts of isomers; 24 or 25 (B) an immediate precursor of methamphetamine, or its salts, 26 isomers, or salts of isomers; 27 (5) possesses methamphetamine in an organic solution with intent to 28 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 29 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 30 delivers 31 (A) an immediate precursor of methamphetamine, or the salts,
01 isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 to another person with reckless disregard that the precursor will be used to 03 manufacture any material, compound, mixture, or preparation that contains 04 methamphetamine, or its salts, isomers, or salts of isomers; or 05 (B) a listed chemical to another person with reckless disregard 06 that the listed chemical will be used to manufacture any material, compound, 07 mixture, or preparation that contains 08 (i) methamphetamine, or its salts, isomers, or salts of 09 isomers; 10 (ii) an immediate precursor of methamphetamine, or its 11 salts, isomers, or salts of isomers; or 12 (iii) methamphetamine or its salts, isomers, or salts of 13 isomers in an organic solution. 14 (b) In a prosecution under (a) of this section, possession of more than six 15 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 16 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 17 the person intended to use the listed chemicals to manufacture, to aid or abet another 18 person to manufacture, or to deliver to another person who intends to manufacture 19 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 20 of methamphetamine or its immediate precursors. The prima facie evidence described 21 in this subsection does not apply to a person who possesses 22 (1) the listed chemicals ephedrine, pseudoephedrine, 23 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 24 (A) and the listed chemical was dispensed to the person under a 25 valid prescription; or 26 (B) in the ordinary course of a legitimate business, or an 27 employee of a legitimate business, as a 28 (i) retailer or as a wholesaler; 29 (ii) wholesale drug distributor licensed by the Board of 30 Pharmacy; 31 (iii) manufacturer of drug products licensed by the
01 Board of Pharmacy; 02 (iv) pharmacist licensed by the Board of Pharmacy; or 03 (v) health care professional licensed by the state; or 04 (2) less than 24 grams of ephedrine, pseudoephedrine, 05 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 06 kept in a locked storage area on the premises of a legitimate business or nonprofit 07 organization operating a camp, lodge, school, day care center, treatment center, or 08 other organized group activity, and the location or nature of the activity, or the age of 09 the participants, makes it impractical for the participants in the activity to obtain 10 medicinal products. 11 (c) In this section, "listed chemical" means a chemical described under 12 AS 11.71.200. 13 (d) Misconduct involving a controlled substance in the second degree is a 14 class A felony. 15 * Sec. 34. AS 11.71.030(a) is amended to read: 16 (a) Except as authorized in AS 17.30, a person commits the crime of 17 misconduct involving a controlled substance in the third [SECOND] degree if the 18 person 19 (1) manufactures or delivers, or possesses with intent to manufacture 20 or deliver, 21 (A) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of one gram or more containing a schedule 23 IA controlled substance; 24 (B) 25 or more tablets, ampules, or syrettes containing a 25 schedule IA controlled substance; 26 (C) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of 2.5 grams or more containing a schedule 28 IIA or IIIA controlled substance; or 29 (D) 50 or more tablets, ampules, or syrettes containing a 30 schedule IIA or IIIA controlled substance; 31 (2) delivers any amount of a schedule IVA, VA, or VIA controlled
01 substance to a person under 19 years of age who is at least three years younger than 02 the person delivering the substance; 03 (3) possesses any amount of a schedule IA or IIA controlled substance 04 (A) with reckless disregard that the possession occurs 05 (i) on or within 500 feet of school grounds; or 06 (ii) at or within 500 feet of a recreation or youth center; 07 or 08 (B) on a school bus; 09 (4) manufactures any material, compound, mixture, or preparation that 10 contains 11 (A) methamphetamine, or its salts, isomers, or salts of isomers; 12 or 13 (B) an immediate precursor of methamphetamine, or its salts, 14 isomers, or salts of isomers; 15 (5) possesses an immediate precursor of methamphetamine, or the 16 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 17 with the intent to manufacture any material, compound, mixture, or preparation that 18 contains methamphetamine, or its salts, isomers, or salts of isomers; 19 (6) possesses a listed chemical with intent to manufacture any material, 20 compound, mixture, or preparation that contains 21 (A) methamphetamine, or its salts, isomers, or salts of isomers; 22 or 23 (B) an immediate precursor of methamphetamine, or its salts, 24 isomers, or salts of isomers; 25 (7) possesses methamphetamine in an organic solution with intent to 26 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 27 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 28 delivers 29 (A) an immediate precursor of methamphetamine, or the salts, 30 isomers, or salts of isomers of the immediate precursor of methamphetamine, 31 to another person with reckless disregard that the precursor will be used to
01 manufacture any material, compound, mixture, or preparation that contains 02 methamphetamine, or its salts, isomers, or salts of isomers; or 03 (B) a listed chemical to another person with reckless disregard 04 that the listed chemical will be used to manufacture any material, compound, 05 mixture, or preparation that contains 06 (i) methamphetamine, or its salts, isomers, or salts of 07 isomers; 08 (ii) an immediate precursor of methamphetamine, or its 09 salts, isomers, or salts of isomers; or 10 (iii) methamphetamine or its salts, isomers, or salts of 11 isomers in an organic solution; or 12 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 13 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 14 substance or possesses any amount of a schedule IIA or IIIA controlled substance 15 with intent to manufacture or deliver. 16 * Sec. 35. AS 11.71.030(d) is amended to read: 17 (d) Misconduct involving a controlled substance in the third [SECOND] 18 degree is a class B felony. 19 * Sec. 36. AS 11.71.040(a) is amended to read: 20 (a) Except as authorized in AS 17.30, a person commits the crime of 21 misconduct involving a controlled substance in the fourth [THIRD] degree if the 22 person 23 (1) manufactures or delivers any amount of a schedule IVA or VA 24 controlled substance or possesses any amount of a schedule IVA or VA controlled 25 substance with intent to manufacture or deliver; 26 (2) manufactures or delivers, or possesses with the intent to 27 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 28 of an aggregate weight of one ounce or more containing a schedule VIA controlled 29 substance; 30 (3) possesses 31 (A) any amount of a
01 (i) schedule IA controlled substance [LISTED IN 02 AS 11.71.140(e)]; 03 (ii) IIA controlled substance except a controlled 04 substance listed in AS 11.71.150(e)(11) - (15); 05 (B) 25 or more tablets, ampules, or syrettes containing a 06 schedule IIIA or IVA controlled substance; 07 (C) one or more preparations, compounds, mixtures, or 08 substances of an aggregate weight of 09 (i) three grams or more containing a schedule IIIA 10 or IVA controlled substance except a controlled substance in a 11 form listed in (ii) of this subparagraph; 12 (ii) 12 grams or more containing a schedule IIIA 13 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 14 sprayed on or otherwise applied to tobacco, an herb, or another 15 organic material; or 16 (iii) 500 milligrams or more of a schedule IIA 17 controlled substance listed in AS 11.71.150(e)(11) - (15); 18 (D) 50 or more tablets, ampules, or syrettes containing a 19 schedule VA controlled substance; 20 (E) one or more preparations, compounds, mixtures, or 21 substances of an aggregate weight of six grams or more containing a 22 schedule VA controlled substance; 23 (F) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of four ounces or more containing a 25 schedule VIA controlled substance; or 26 (G) 25 or more plants of the genus cannabis; 27 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 28 (A) with reckless disregard that the possession occurs 29 (i) on or within 500 feet of school grounds; or 30 (ii) at or within 500 feet of a recreation or youth center; 31 or
01 (B) on a school bus; 02 (5) knowingly keeps or maintains any store, shop, warehouse, 03 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 04 keeping or distributing controlled substances in violation of a felony offense under this 05 chapter or AS 17.30; 06 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 07 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 08 mark, imprint, or device of another or any likeness of any of these on a drug, drug 09 container, or labeling so as to render the drug a counterfeit substance; 10 (7) knowingly uses in the course of the manufacture or distribution of a 11 controlled substance a registration number that is fictitious, revoked, suspended, or 12 issued to another person; 13 (8) knowingly furnishes false or fraudulent information in or omits 14 material information from any application, report, record, or other document required 15 to be kept or filed under AS 17.30; 16 (9) obtains possession of a controlled substance by misrepresentation, 17 fraud, forgery, deception, or subterfuge; 18 (10) affixes a false or forged label to a package or other container 19 containing any controlled substance; or 20 (11) manufactures or delivers, or possesses with the intent to 21 manufacture or deliver, 22 (A) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of less than one gram containing a schedule 24 IA controlled substance; 25 (B) less than 25 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 less than 2.5 grams containing a schedule 29 IIA or IIIA controlled substance; or 30 (D) less than 50 tablets, ampules, or syrettes containing a 31 schedule IIA or IIIA controlled substance.
01 * Sec. 37. AS 11.71.040(d) is amended to read: 02 (d) Misconduct involving a controlled substance in the fourth [THIRD] 03 degree is a class C felony. 04 * Sec. 38. AS 11.71.050 is amended to read: 05 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 06 [FOURTH] degree. (a) Except as authorized in AS 17.30, a person commits the 07 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if 08 the person 09 (1) manufactures or delivers, or possesses with the intent to 10 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 11 of an aggregate weight of less than one ounce containing a schedule VIA controlled 12 substance; 13 (2) [REPEALED] 14 (3) fails to make, keep, or furnish any record, notification, order form, 15 statement, invoice, or information required under AS 17.30; [OR] 16 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 17 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a 18 schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance; or 19 (5) possesses 20 (A) less than 25 tablets, ampules, or syrettes containing a 21 schedule IIIA or IVA controlled substance; 22 (B) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of less than 24 (i) three grams containing a schedule IIIA or IVA 25 controlled substance except a controlled substance in a form listed 26 in (ii) of this subparagraph; 27 (ii) 12 grams but more than six grams containing a 28 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 29 (16) that has been sprayed on or otherwise applied to tobacco, an 30 herb, or another organic material; or 31 (iii) 500 milligrams containing a schedule IIA
01 controlled substance listed in AS 11.71.150(e)(11) - (15); 02 (C) less than 50 tablets, ampules, or syrettes containing a 03 schedule VA controlled substance; 04 (D) one or more preparations, compounds, mixtures, or 05 substances of an aggregate weight of less than six grams containing a 06 schedule VA controlled substance; or 07 (E) one or more preparations, compounds, mixtures, or 08 substances of an aggregate weight of one ounce or more containing a 09 schedule VIA controlled substance. 10 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 11 degree is a class A misdemeanor. 12 * Sec. 39. AS 11.71.060 is amended to read: 13 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 14 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 15 misconduct involving a controlled substance in the sixth [FIFTH] degree if the person 16 (1) uses or displays any amount of a schedule VIA controlled 17 substance; 18 (2) possesses one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of 20 (A) less than one ounce containing a schedule VIA controlled 21 substance; 22 (B) six grams or less containing a schedule IIIA controlled 23 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 24 otherwise applied to tobacco, an herb, or another organic material; or 25 (3) refuses entry into a premise for an inspection authorized under 26 AS 17.30. 27 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 28 is a class B misdemeanor. 29 * Sec. 40. AS 11.71.311(a) is amended to read: 30 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 31 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
01 that person 02 (1) sought, in good faith, medical or law enforcement assistance for 03 another person who the person reasonably believed was experiencing a drug overdose 04 and 05 (A) the evidence supporting the prosecution for an offense 06 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 07 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 08 result of the person seeking medical or law enforcement assistance; 09 (B) the person remained at the scene with the other person until 10 medical or law enforcement assistance arrived; and 11 (C) the person cooperated with medical or law enforcement 12 personnel, including by providing identification; 13 (2) was experiencing a drug overdose and sought medical assistance, 14 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 15 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) 16 was obtained as a result of the overdose and the need for medical assistance. 17 * Sec. 41. AS 12.25.150(a) is amended to read: 18 (a) A person arrested shall be taken before a judge or magistrate without 19 unnecessary delay, and in any event within 48 [24] hours after arrest, [ABSENT 20 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 21 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 22 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 23 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 24 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 25 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 26 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 27 ARREST.] This requirement applies to municipal police officers to the same extent as 28 it does to state troopers. 29 * Sec. 42. AS 12.25.180(a) is amended to read: 30 (a) When a peace officer stops or contacts a person for the commission of [A 31 CLASS C FELONY OFFENSE,] a misdemeanor [,] or the violation of a municipal
01 ordinance, the officer may, in the officer's discretion, issue a citation to the person 02 instead of taking the person before a judge or magistrate under AS 12.25.150, unless 03 [EXCEPT THE OFFICER MAY ARREST IF] 04 (1) the person does not furnish satisfactory evidence of identity; 05 (2) the peace officer reasonably believes the person is a danger to self 06 or others; 07 (3) the crime for which the person is contacted is one involving 08 violence or harm to another person or to property; 09 (4) the person asks to be taken before a judge or magistrate under 10 AS 12.25.150; or 11 (5) the peace officer has probable cause to believe the person 12 committed a crime involving domestic violence; in this paragraph, "crime involving 13 domestic violence" has the meaning given in AS 18.66.990. 14 * Sec. 43. AS 12.25.180(b) is amended to read: 15 (b) When a peace officer stops or contacts a person for the commission of an 16 infraction or a violation, the officer shall issue a citation instead of taking the person 17 before a judge or magistrate under AS 12.25.150, unless [EXCEPT THE OFFICER 18 MAY ARREST IF] 19 (1) the person does not furnish satisfactory evidence of identity; or 20 (2) the person refuses to accept service of the citation [; OR 21 (3) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 22 THE PERSON HAS COMMITTED 23 (A) A VIOLATION OF CONDITIONS OF RELEASE 24 UNDER AS 11.56.757; OR 25 (B) THE OFFENSE OF FAILURE TO APPEAR UNDER 26 AS 11.56.730]. 27 * Sec. 44. AS 12.25.190(b) is amended to read: 28 (b) The time specified in the notice to appear shall be at least five [TWO] 29 working days after the issuance of the citation [UNDER AS 12.25.180(a)]. 30 * Sec. 45. AS 12.30.006(b) is amended to read: 31 (b) At the first appearance before a judicial officer, a person who is charged
01 with a felony may be detained up to 48 hours for the prosecuting authority to 02 demonstrate that release of the person under AS 12.30.011 would not reasonably 03 ensure the appearance of the person or will pose a danger to the victim, other persons, 04 or the community [, IF THE PERSON HAS 05 (1) BEEN CHARGED WITH AN UNCLASSIFIED, CLASS A, 06 CLASS B, OR CLASS C FELONY; OR 07 (2) A CRIMINAL CONVICTION OR CHARGE OUTSIDE THE 08 STATE THAT HAS NOT BEEN USED IN DETERMINING THE PERSON'S RISK 09 LEVEL IN THE PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 10 * Sec. 46. AS 12.30.006(c) is amended to read: 11 (c) A person who remains in custody 48 hours after appearing before a judicial 12 officer because of inability to meet the conditions of release shall, upon application, be 13 entitled to have the conditions reviewed by the judicial officer who imposed them. If 14 the judicial officer who imposed the conditions of release is not available, any judicial 15 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 16 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 17 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 18 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 19 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 20 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 21 (1) APPEARANCE OF THE PERSON IN COURT; AND 22 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 23 COMMUNITY.] 24 * Sec. 47. AS 12.30.006(d) is amended to read: 25 (d) If a person remains in custody after review of conditions by a judicial 26 officer under (c) of this section, the person may request a subsequent review of 27 conditions. Unless the prosecuting authority stipulates otherwise or the person has 28 been incarcerated for a period equal to the maximum sentence for the most serious 29 charge for which the person is being held, a judicial officer may not schedule a bail 30 review hearing under this subsection unless 31 (1) the person provides to the court and the prosecuting authority a
01 written statement that new information not considered at the previous review will be 02 presented at the hearing; the statement must include a description of the information 03 and the reason the information was not presented at a previous hearing; in this 04 paragraph, "new information" does not include [INCLUDES] the [PERSON'S] 05 inability to post the required bail; 06 (2) the prosecuting authority and any surety, if applicable, have at least 07 48 hours' written notice before the time set for the review requested under this 08 subsection; the defendant shall notify the surety; and 09 (3) at least seven days have elapsed between the previous review and 10 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 11 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 12 * Sec. 48. AS 12.30.006(f) is amended to read: 13 (f) The judicial officer shall issue written or oral findings that explain the 14 reasons the officer imposed the particular conditions of release or modifications or 15 additions to conditions previously imposed. The judicial officer shall inform the 16 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER 17 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's 18 order establishing conditions of release. 19 * Sec. 49. AS 12.30.011 is repealed and reenacted to read: 20 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 21 chapter, a judicial officer shall order a person charged with an offense to be released 22 on the person's personal recognizance or upon execution of an unsecured appearance 23 bond, on the condition that the person 24 (1) obey all court orders and all federal, state, and local laws; 25 (2) appear in court when ordered; 26 (3) if represented, maintain contact with the person's lawyer; and 27 (4) notify the person's lawyer, who shall notify the prosecuting 28 authority and the court, not more than 24 hours after the person changes residence. 29 (b) If a judicial officer determines that the release under (a) of this section will 30 not reasonably ensure the appearance of the person or will pose a danger to the victim, 31 other persons, or the community, the officer shall impose the least restrictive condition
01 or conditions that will reasonably ensure the person's appearance and protect the 02 victim, other persons, and the community. In addition to conditions under (a) of this 03 section, the judicial officer may, singly or in combination, 04 (1) require the execution of an appearance bond in a specified amount 05 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 06 of the amount of the bond; 07 (2) require the execution of a bail bond with sufficient solvent sureties 08 or the deposit of cash; 09 (3) require the execution of a performance bond in a specified amount 10 of cash to be deposited in the registry of the court; 11 (4) place restrictions on the person's travel, association, or residence; 12 (5) order the person to refrain from possessing a deadly weapon on the 13 person or in the person's vehicle or residence; 14 (6) require the person to maintain employment or, if unemployed, 15 actively seek employment; 16 (7) require the person to notify the person's lawyer and the prosecuting 17 authority within two business days after any change in employment; 18 (8) require the person to avoid all contact with a victim, a potential 19 witness, or a codefendant; 20 (9) require the person to refrain from the consumption and possession 21 of alcoholic beverages; 22 (10) require the person to refrain from the use of a controlled substance 23 as defined by AS 11.71, unless prescribed by a licensed health care provider with 24 prescriptive authority; 25 (11) require the person to be physically inside the person's residence, 26 or in the residence of the person's third-party custodian, at times set by the court; 27 (12) require the person to keep regular contact with a law enforcement 28 officer or agency; 29 (13) order the person to refrain from entering or remaining in premises 30 licensed under AS 04; 31 (14) place the person in the custody of an individual who agrees to
01 serve as a third-party custodian of the person as provided in AS 12.30.021; 02 (15) if the person is under the treatment of a licensed health care 03 provider, order the person to follow the provider's treatment recommendations; 04 (16) order the person to take medication that has been prescribed for 05 the person by a licensed health care provider with prescriptive authority; 06 (17) order the person to comply with any other condition that is 07 reasonably necessary to ensure the appearance of the person and to ensure the safety 08 of the victim, other persons, and the community; 09 (18) require the person to comply with a program established under 10 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 11 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 12 or a crime involving domestic violence. 13 (c) In determining the conditions of release under this chapter, the court shall 14 consider the following: 15 (1) the nature and circumstances of the offense charged; 16 (2) the weight of the evidence against the person; 17 (3) the nature and extent of the person's family ties and relationships; 18 (4) the person's employment status and history; 19 (5) the length and character of the person's past and present residence; 20 (6) the person's record of convictions; 21 (7) the person's record of appearance at court proceedings; 22 (8) assets available to the person to meet monetary conditions of 23 release; 24 (9) the person's reputation, character, and mental condition; 25 (10) the effect of the offense on the victim, any threats made to the 26 victim, and the danger that the person poses to the victim; 27 (11) any other facts that are relevant to the person's appearance or the 28 person's danger to the victim, other persons, or the community. 29 (d) In making a finding regarding the release of a person under this chapter, 30 (1) except as otherwise provided in this chapter, the burden of proof is 31 on the prosecuting authority that a person charged with an offense should be detained
01 or released with conditions described in (b) of this section or AS 12.30.016; 02 (2) there is a rebuttable presumption that no condition or combination 03 of conditions will reasonably ensure the appearance of the person or the safety of the 04 victim, other persons, or the community, if the person is 05 (A) charged with an unclassified felony, a class A felony, a 06 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 07 (B) charged with a felony crime against a person under 08 AS 11.41, was previously convicted of a felony crime against a person under 09 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 10 five years have elapsed between the date of the person's unconditional 11 discharge on the immediately preceding offense and the commission of the 12 present offense; 13 (C) charged with a felony offense committed while the person 14 was on release under this chapter for a charge or conviction of another offense; 15 (D) charged with a crime involving domestic violence, and has 16 been convicted in the previous five years of a crime involving domestic 17 violence in this state or a similar offense in another jurisdiction; 18 (E) arrested in connection with an accusation that the person 19 committed a felony outside the state or is a fugitive from justice from another 20 jurisdiction, and the court is considering release under AS 12.70. 21 * Sec. 50. AS 12.30.016(b) is amended to read: 22 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 23 AS 28.35.030, or 28.35.032, a judicial officer may order the person 24 (1) to refrain from 25 (A) consuming alcoholic beverages; or 26 (B) possessing on the person, in the person's residence, or in 27 any vehicle or other property over which the person has control, alcoholic 28 beverages; 29 (2) to submit to a search without a warrant of the person, the person's 30 personal property, the person's residence, or any vehicle or other property over which 31 the person has control, for the presence of alcoholic beverages by a peace officer [OR
01 PRETRIAL SERVICES OFFICER] who has reasonable suspicion that the person is 02 violating the conditions of the person's release by possessing alcoholic beverages; 03 (3) to submit to a breath test when requested by a law enforcement 04 officer [OR PRETRIAL SERVICES OFFICER]; 05 (4) to provide a sample for a urinalysis or blood test when requested by 06 a law enforcement officer [OR PRETRIAL SERVICES OFFICER]; 07 (5) to take a drug or combination of drugs intended to prevent 08 substance abuse; 09 (6) to follow any treatment plan imposed by the court under 10 AS 28.35.028; 11 (7) to comply with a program established under AS 47.38.020. 12 * Sec. 51. AS 12.30.016(c) is amended to read: 13 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 14 officer may order the person 15 (1) to refrain from 16 (A) consuming a controlled substance; or 17 (B) possessing on the person, in the person's residence, or in 18 any vehicle or other property over which the person has control, a controlled 19 substance or drug paraphernalia; 20 (2) to submit to a search without a warrant of the person, the person's 21 personal property, the person's residence, or any vehicle or other property over which 22 the person has control, for the presence of a controlled substance or drug paraphernalia 23 by a peace officer [OR PRETRIAL SERVICES OFFICER] who has reasonable 24 suspicion that the person is violating the terms of the person's release by possessing 25 controlled substances or drug paraphernalia; 26 (3) to enroll in a random drug testing program, at the person's expense, 27 [WITH TESTING TO OCCUR NOT LESS THAN ONCE A WEEK, OR TO 28 SUBMIT TO RANDOM DRUG TESTING BY THE PRETRIAL SERVICES 29 OFFICE IN THE DEPARTMENT OF CORRECTIONS] to detect the presence of a 30 controlled substance, with testing to occur not less than once a week, and with the 31 results being submitted to the court and the prosecuting authority;
01 (4) to refrain from entering or remaining in a place where a controlled 02 substance is being used, manufactured, grown, or distributed; 03 (5) to refrain from being physically present at, within a two-block area 04 of, or within a designated area near, the location where the alleged offense occurred or 05 at other designated places, unless the person actually resides within that area; 06 (6) to refrain from the use or possession of an inhalant; or 07 (7) to comply with a program established under AS 47.38.020. 08 * Sec. 52. AS 12.30.016 is amended by adding a new subsection to read: 09 (g) In a prosecution charging misconduct involving a controlled substance 10 under AS 11.71.021(a)(2) for the manufacture of methamphetamine, or its salts, 11 isomers, or salts of isomers, if the person has been previously convicted in this or 12 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 13 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 14 require the posting of a minimum of $250,000 cash bond before the person may be 15 released. The judicial officer may reduce this requirement if the person proves to the 16 satisfaction of the officer that the person's only role in the offense was as an aider or 17 abettor and that the person did not stand to benefit financially from the manufacturing. 18 * Sec. 53. AS 12.30.021(a) is amended to read: 19 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 20 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 21 RECORD,] that the appointment will, singly or in combination with other 22 conditions, 23 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 24 AVAILABLE IN THE PERSON'S LOCATION; 25 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 26 HAVE BEEN ORDERED; AND 27 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 28 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 29 the victim, other persons, and the community. 30 * Sec. 54. AS 12.30.021(c) is amended to read: 31 (c) A judicial officer may not appoint a person as a third-party custodian if
01 (1) the proposed custodian is acting as a third-party custodian for 02 another person; 03 (2) the proposed custodian has been convicted in the previous three 04 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 05 (3) criminal charges are pending in this state or another jurisdiction 06 against the proposed custodian; 07 (4) the proposed custodian is on probation in this state or another 08 jurisdiction for an offense; 09 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 10 STATE WILL CALL] the proposed custodian may be called as a witness in the 11 prosecution of the person; 12 (6) the proposed custodian resides out of state; however, a nonresident 13 may serve as a custodian if the nonresident resides in the state while serving as 14 custodian. 15 * Sec. 55. AS 12.55.015(a) is amended to read: 16 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 17 sentence on a defendant convicted of an offense, may singly or in combination 18 (1) impose a fine when authorized by law and as provided in 19 AS 12.55.035; 20 (2) order the defendant to be placed on probation under conditions 21 specified by the court that may include provision for active supervision; 22 (3) impose a definite term of periodic imprisonment, but only if an 23 employment obligation of the defendant preexisted sentencing and the defendant 24 receives a composite sentence of not more than two years to serve; 25 (4) impose a definite term of continuous imprisonment; 26 (5) order the defendant to make restitution under AS 12.55.045; 27 (6) order the defendant to carry out a continuous or periodic program 28 of community work under AS 12.55.055; 29 (7) suspend execution of all or a portion of the sentence imposed under 30 AS 12.55.080; 31 (8) suspend [ENTRY OF JUDGMENT UNDER AS 12.55.078 OR
01 SUSPEND] imposition of sentence under AS 12.55.085; 02 (9) order the forfeiture to the commissioner of public safety or a 03 municipal law enforcement agency of a deadly weapon that was in the actual 04 possession of or used by the defendant during the commission of an offense described 05 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 06 (10) order the defendant, while incarcerated, to participate in or 07 comply with the treatment plan of a rehabilitation program that is related to the 08 defendant's offense or to the defendant's rehabilitation if the program is made available 09 to the defendant by the Department of Corrections; 10 (11) order the forfeiture to the state of a motor vehicle, weapon, 11 electronic communication device, or money or other valuables, used in or obtained 12 through an offense that was committed for the benefit of, at the direction of, or in 13 association with a criminal street gang; 14 (12) order the defendant to have no contact, either directly or 15 indirectly, with a victim or witness of the offense until the defendant is 16 unconditionally discharged; 17 (13) order the defendant to refrain from consuming alcoholic 18 beverages for a period of time. 19 * Sec. 56. AS 12.55.025(c) is amended to read: 20 (c) Except as provided in (d) of this section, when a defendant is sentenced to 21 imprisonment, the term of confinement commences on the date of imposition of 22 sentence unless the court specifically provides that the defendant must report to serve 23 the sentence on another date. If the court provides another date to begin the term of 24 confinement, the court shall provide the defendant with written notice of the date, 25 time, and location of the correctional facility to which the defendant must report. A 26 defendant shall receive credit for time spent in custody pending trial, sentencing, or 27 appeal, if the detention was in connection with the offense for which sentence was 28 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 29 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 30 actual time spent in custody pending trial, sentencing, or appeal. The time during 31 which a defendant is voluntarily absent from official detention after the defendant has
01 been sentenced may not be credited toward service of the sentence. 02 * Sec. 57. AS 12.55.027(a) is amended to read: 03 (a) A court may grant a defendant credit toward a sentence of imprisonment 04 for time spent in a treatment program or under electronic monitoring only as 05 provided in [THAT FURTHERS THE REFORMATION AND REHABILITATION 06 OF THE DEFENDANT IF THE COURT FINDS THAT THE PROGRAM PLACES 07 A SUBSTANTIAL RESTRICTION ON THE DEFENDANT'S FREEDOM OF 08 MOVEMENT AND BEHAVIOR AND IS CONSISTENT WITH] this section. 09 * Sec. 58. AS 12.55.027(b) is repealed and reenacted to read: 10 (b) A court may grant a defendant one day of credit toward a sentence of 11 imprisonment for each full day the defendant resided in the facility of a treatment 12 program and observed the rules of the treatment program and the facility if 13 (1) the court finds that the treatment program meets the standards 14 described in (c) of this section; 15 (2) before the defendant entered the treatment program, the court 16 ordered the defendant to reside in the facility of the treatment program and participate 17 in the treatment program as a condition of bail release or a condition of probation; and 18 (3) the court has received a written report from the director of the 19 program that 20 (A) states that the defendant has participated in the treatment 21 plan prescribed for the defendant and has complied with the requirements of 22 the plan; and 23 (B) sets out the number of full days the defendant resided in the 24 facility of the treatment program and observed the rules of the treatment 25 program and facility. 26 * Sec. 59. AS 12.55.027(c) is repealed and reenacted to read: 27 (c) To qualify for credit against a sentence of imprisonment for a day spent in 28 a treatment program, the treatment program and the facility of the treatment program 29 must impose substantial restrictions on a person's liberty on that day that are 30 equivalent to incarceration, including the requirement that a participant in the program 31 (1) must live in a residential facility operated by the program;
01 (2) must be confined at all times to the grounds of the facility or be in 02 the physical custody of an employee of the facility, except for 03 (A) court appearances; 04 (B) meetings with counsel; 05 (C) employment, vocational training, or community volunteer 06 work required by the treatment program; and 07 (D) periods during which the resident is permitted to leave the 08 facility for rehabilitative purposes directly related to the person's treatment, so 09 long as the periods during which the resident is permitted to leave the facility 10 are expressly limited as to both time and purpose by the treatment program; 11 (3) is subject to disciplinary sanctions by the program if the participant 12 violates rules of the program and facility; sanctions must be in writing and available 13 for court review; and 14 (4) is subject to immediate arrest, without warrant, if the participant 15 leaves the facility without permission. 16 * Sec. 60. AS 12.55.045(l) is amended to read: 17 (l) An order by the court that the defendant pay restitution is a civil judgment 18 for the amount of the restitution. An order by the court that the defendant pay 19 restitution when the court [SUSPENDS ENTRY OF JUDGMENT UNDER 20 AS 12.55.078 OR] suspends imposition of sentence under AS 12.55.085 is a civil 21 judgment for the amount of the restitution and remains enforceable and is not 22 discharged when [THE PROCEEDING IS DISMISSED UNDER AS 12.55.078 OR] a 23 conviction is set aside under AS 12.55.085. The victim or the state on behalf of the 24 victim may enforce the judgment through any procedure authorized by law for the 25 enforcement of a civil judgment. If the victim enforces or collects restitution through 26 civil process, collection costs and full reasonable attorney fees shall be awarded. If the 27 state on the victim's behalf enforces or collects restitution through civil process, 28 collection costs and full reasonable attorney fees shall be awarded, up to a maximum 29 of twice the amount of restitution owing at the time the civil process was initiated. 30 This section does not limit the authority of the court to enforce orders of restitution. 31 * Sec. 61. AS 12.55.051(a) is amended to read:
01 (a) If the defendant defaults in the payment of a fine or any installment or of 02 restitution or any installment, the court may order the defendant to show cause why 03 the defendant should not be sentenced to imprisonment for nonpayment and, if the 04 payment was made a condition of the defendant's probation, may revoke the probation 05 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 06 contempt or probation revocation proceeding brought as a result of failure to pay a 07 fine or restitution, it is an affirmative defense that the defendant was unable to pay 08 despite having made continuing good faith efforts to pay the fine or restitution. If the 09 court finds that the defendant was unable to pay despite having made continuing good 10 faith efforts, the defendant may not be imprisoned solely because of the inability to 11 pay. If the court does not find that the default was attributable to the defendant's 12 inability to pay despite having made continuing good faith efforts to pay the fine or 13 restitution, the court may order the defendant imprisoned until the order of the court 14 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 15 imprisonment imposed under this section may not exceed one day for each $50 of the 16 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 17 be given toward satisfaction of the order of the court for every day a person is 18 incarcerated for nonpayment of a fine or restitution. 19 * Sec. 62. AS 12.55.055(a) is amended to read: 20 (a) The court may order a defendant convicted of an offense to perform 21 community work as a condition of probation, a suspended sentence, or suspended 22 imposition of sentence, [OR SUSPENDED ENTRY OF JUDGMENT,] or in addition 23 to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the 24 court may recommend to the Department of Corrections that the defendant perform 25 community work. 26 * Sec. 63. AS 12.55.055(c) is amended to read: 27 (c) The court may offer a defendant convicted of an offense the option of 28 performing community work in lieu of a fine, surcharge, or portion of a fine or 29 surcharge if the court finds the defendant is unable to pay the fine. The value of 30 community work in lieu of a fine is $3 [THE STATE'S MINIMUM WAGE] for each 31 hour.
01 * Sec. 64. AS 12.55.090(b) is amended to read: 02 (b) Except as otherwise provided in (f) of this section, the court may revoke or 03 modify any condition of probation or may [,] change the period of probation [, OR 04 TERMINATE PROBATION AND DISCHARGE THE DEFENDANT FROM 05 PROBATION]. 06 * Sec. 65. AS 12.55.090(c) is amended to read: 07 (c) The period of probation, together with any extension, may not exceed 08 (1) 25 [15] years for a felony sex offense; or 09 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 10 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 11 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 12 OR (2) OF THIS SUBSECTION; 13 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 14 (A) UNDER AS 11.41; 15 (B) THAT IS A CRIME INVOLVING DOMESTIC 16 VIOLENCE; OR 17 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 18 DEFINED IN AS 12.63.100; 19 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 20 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 21 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 22 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 23 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 24 THIS SUBSECTION]. 25 * Sec. 66. AS 12.55.090(f) is amended to read: 26 (f) Unless the defendant and the prosecuting authority agree at the probation 27 revocation proceeding or other proceeding [RELATED TO A PROBATION 28 VIOLATION, THE PERSON QUALIFIES FOR A REDUCTION UNDER 29 AS 33.05.020(h), OR A PROBATION OFFICER RECOMMENDS TO THE COURT 30 THAT PROBATION BE TERMINATED AND THE DEFENDANT BE 31 DISCHARGED FROM PROBATION UNDER (g) OF THIS SECTION OR
01 AS 33.05.040], the court may not reduce the specific period of probation or the 02 specific term of suspended incarceration except by the amount of incarceration 03 imposed for a probation violation, if 04 (1) the sentence was imposed in accordance with a plea agreement 05 under Rule 11, Alaska Rules of Criminal Procedure; and 06 (2) the agreement required a specific period of probation or a specific 07 term of suspended incarceration. 08 * Sec. 67. AS 12.55.125(c) is amended to read: 09 (c) Except as provided in (i) of this section, a defendant convicted of a class A 10 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 11 and shall be sentenced to a definite term within the following presumptive ranges, 12 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13 (1) if the offense is a first felony conviction and does not involve 14 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years; 15 (2) if the offense is a first felony conviction 16 (A) and the defendant 17 [(A)] possessed a firearm, used a dangerous instrument, or 18 caused serious physical injury or death during the commission of the offense, 19 [FIVE TO NINE YEARS;] or 20 [(B)] knowingly directed the conduct constituting the offense at 21 a uniformed or otherwise clearly identified peace officer, firefighter, 22 correctional employee, emergency medical technician, paramedic, ambulance 23 attendant, or other emergency responder who was engaged in the performance 24 of official duties at the time of the offense, seven to 11 years; 25 (B) and the conviction is for manufacturing related to 26 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 27 (i) the manufacturing occurred in a building with 28 reckless disregard that the building was used as a permanent or 29 temporary home or place of lodging for one or more children 30 under 18 years of age or the building was a place frequented by 31 children; or
01 (ii) in the course of manufacturing or in preparation 02 for manufacturing, the defendant obtained the assistance of one or 03 more children under 18 years of age or one or more children were 04 present; 05 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 06 years; 07 (4) if the offense is a third felony conviction and the defendant is not 08 subject to sentencing under (l) of this section, 15 [13] to 20 years. 09 * Sec. 68. AS 12.55.125(d) is amended to read: 10 (d) Except as provided in (i) of this section, a defendant convicted of a class B 11 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 12 and shall be sentenced to a definite term within the following presumptive ranges, 13 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (1) if the offense is a first felony conviction and does not involve 15 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 16 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 17 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 18 probation under AS 12.55.086, the defendant is required to serve an active term 19 of imprisonment within the range specified in this paragraph, unless the court 20 finds that a mitigation factor under AS 12.55.155 applies; 21 (2) if the offense is a first felony conviction, 22 (A) the defendant violated AS 11.41.130, and the victim was 23 [(A)] a child under 16 years of age, two to four years; [OR] 24 (B) two to four years if the conviction is for attempt, 25 solicitation, or conspiracy to manufacture related to methamphetamine 26 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 27 (i) the attempted manufacturing occurred, or the 28 solicited or conspired offense was to have occurred, in a building 29 with reckless disregard that the building was used as a permanent 30 or temporary home or place of lodging for one or more children 31 under 18 years of age or the building was a place frequented by
01 children; or 02 (ii) in the course of an attempt to manufacture, the 03 defendant obtained the assistance of one or more children under 18 04 years of age or one or more children were present [WAS 16 YEARS 05 OF AGE OR OLDER, ONE TO THREE YEARS]; 06 (3) if the offense is a second felony conviction, four [TWO] to seven 07 [FIVE] years; 08 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 09 * Sec. 69. AS 12.55.125(e) is amended to read: 10 (e) Except as provided in (i) of this section, a defendant convicted of a class C 11 felony may be sentenced to a definite term of imprisonment of not more than five 12 years, and shall be sentenced to a definite term within the following presumptive 13 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (1) if the offense is a first felony conviction and does not involve 15 circumstances described in (4) of this subsection, zero to two years; a defendant 16 sentenced under this paragraph may, if the court finds it appropriate, be granted a 17 suspended imposition of sentence under AS 12.55.085, and the court may, as a 18 condition of probation under AS 12.55.086, require the defendant to serve an active 19 term of imprisonment within the range specified in this paragraph; 20 (2) if the offense is a second felony conviction, two [ONE] to four 21 years; 22 (3) if the offense is a third felony conviction, three [TWO] to five 23 years; 24 (4) if the offense is a first felony conviction, and the defendant violated 25 AS 08.54.720(a)(15), one to two years. 26 * Sec. 70. AS 12.55.125(q) is amended to read: 27 (q) Other than for convictions subject to a mandatory 99-year sentence, the 28 court shall impose, in addition to an active term of imprisonment imposed under (i) of 29 this section, a minimum period of (1) suspended imprisonment of five years and a 30 minimum period of probation supervision of 15 years for conviction of an unclassified 31 felony, (2) suspended imprisonment of three years and a minimum period of probation
01 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 02 imprisonment of two years and a minimum period of probation supervision of five 03 years for conviction of a class C felony. The period of probation is in addition to any 04 sentence received under (i) of this section and may not be suspended or reduced. 05 Upon a defendant's release from confinement in a correctional facility, the 06 defendant is subject to this probation requirement and shall submit and comply 07 with the terms and requirements of the probation. 08 * Sec. 71. AS 12.55.135(a) is amended to read: 09 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 10 definite term of imprisonment of not more than 11 [(1)] one year [, IF THE 12 (A) CONVICTION IS FOR A CRIME WITH A 13 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 14 IMPRISONMENT; 15 (B) TRIER OF FACT FINDS THE AGGRAVATING 16 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 17 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 18 DEFINITION OF THE OFFENSE; 19 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 20 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 21 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 22 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 23 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 24 DEGREE UNDER AS 11.41.230; OR 25 (E) CONVICTION IS FOR A VIOLATION OF 26 (i) AS 11.41.427; 27 (ii) AS 11.41.440; 28 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 29 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 30 (iv) AS 11.61.116(c)(2); OR 31 (v) AS 11.61.118(a)(2);
01 (2) 30 DAYS]. 02 * Sec. 72. AS 12.55.135(b) is amended to read: 03 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 04 definite term of imprisonment of not more than 90 05 [(1) 10] days unless otherwise specified in the provision of law 06 defining the offense [OR IN THIS SECTION; 07 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 08 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 09 OF AGE OR OLDER; OR 10 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 11 AGE OR OLDER; OR 12 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 13 AS 11.56.757]. 14 * Sec. 73. AS 12.55.135 is amended by adding a new subsection to read: 15 (q) A court may not impose a sentence of imprisonment or suspended 16 imprisonment for possession of marijuana in violation of AS 11.71.060 if the 17 defendant alleges, and the court finds, that the defendant was not under formal or 18 informal probation or parole conditions in this or another jurisdiction at the time of the 19 offense; that the defendant possessed the marijuana for the defendant's personal use 20 within the defendant's permanent or temporary residence; and that the defendant has 21 not been previously convicted more than once in this or another jurisdiction for 22 possession of marijuana. If the defendant has not been previously convicted as 23 described in this subsection, the maximum unsuspended fine that the court may 24 impose is $500. If the defendant has been previously convicted once as described in 25 this subsection, the maximum unsuspended fine that the court may impose is $1,000. 26 In this subsection, 27 (1) "permanent or temporary residence" means a permanent structure 28 adopted for overnight accommodation; "permanent or temporary residence" does not 29 include 30 (A) vehicles, tents, prisons or other correctional facilities, 31 residential treatment facilities, or shelters operated by a charitable organization
01 or a government agency; 02 (B) any place where the defendant's possession or use of 03 marijuana violated established rules for residents, such as a ban on smoking or 04 a ban on marijuana or other controlled substances; 05 (2) "previously convicted" means the defendant entered a plea of 06 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 07 regardless of whether the conviction was set aside under AS 12.55.085 or a similar 08 procedure in another jurisdiction, of possession of marijuana; "previously convicted" 09 does not include a judgment that has been reversed or vacated by a court. 10 * Sec. 74. AS 12.61.015(a) is amended to read: 11 (a) If a victim of a felony or a crime involving domestic violence requests, the 12 prosecuting attorney shall make a reasonable effort to 13 (1) confer with the person against whom the offense has been 14 perpetrated about that person's testimony before the defendant's trial; 15 (2) in a manner reasonably calculated to give prompt actual notice, 16 notify the victim 17 (A) of the defendant's conviction and the crimes of which the 18 defendant was convicted; 19 (B) of the victim's right in a case that is a felony to make a 20 written or oral statement for use in preparation of the defendant's presentence 21 report, and of the victim's right to appear personally at the defendant's 22 sentencing hearing to present a written statement and to give sworn testimony 23 or an unsworn oral presentation; 24 (C) of the address and telephone number of the office that will 25 prepare the presentence report; and 26 (D) of the time and place of the sentencing proceeding; 27 (3) notify the victim in writing of the final disposition of the case 28 within 30 days after final disposition of the case; 29 (4) confer with the victim of a crime involving domestic violence 30 concerning a proposed plea agreement before entering into an agreement; 31 (5) inform the victim of a pending motion that may substantially delay
01 the prosecution and inform the court of the victim's position on the motion; in this 02 paragraph, a "substantial delay" is 03 (A) for a misdemeanor, a delay of one month or longer; 04 (B) for a felony, a delay of two months or longer; and 05 (C) for an appeal, a delay of six months or longer. 06 * Sec. 75. AS 12.61.017(a) is amended to read: 07 (a) An employer may not penalize or threaten to penalize a victim [OF AN 08 OFFENSE] because the victim 09 [(1)] is subpoenaed or requested by the prosecuting attorney to attend a 10 court proceeding for the purpose of giving testimony. In this subsection, "penalize" 11 means to take action affecting the employment status, wages, and benefits 12 payable to the victim, including 13 (1) demotion or suspension; 14 (2) dismissal from employment; 15 (3) loss of pay or benefits, except pay and benefits that are directly 16 attributable to the victim's absence from employment to attend the court 17 proceeding [; OR 18 (2) REPORTS THE OFFENSE TO A LAW ENFORCEMENT 19 AGENCY OR PARTICIPATES IN THE INVESTIGATION OF THE OFFENSE BY 20 A LAW ENFORCEMENT AGENCY]. 21 * Sec. 76. AS 12.63.100(7) is amended to read: 22 (7) "sex offense" means 23 (A) a crime under AS 11.41.100(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit a 25 sexual offense, or a similar offense under the laws of the other jurisdiction; in 26 this subparagraph, "sexual offense" has the meaning given in 27 AS 11.41.100(a)(3); 28 (B) a crime under AS 11.41.110(a)(3), or a similar law of 29 another jurisdiction, in which the person committed or attempted to commit 30 one of the following crimes, or a similar law of another jurisdiction: 31 (i) sexual assault in the first degree;
01 (ii) sexual assault in the second degree; 02 (iii) sexual abuse of a minor in the first degree; or 03 (iv) sexual abuse of a minor in the second degree; 04 (C) a crime, or an attempt, solicitation, or conspiracy to commit 05 a crime, under the following statutes or a similar law of another jurisdiction: 06 (i) AS 11.41.410 - 11.41.438; 07 (ii) AS 11.41.440(a)(2); 08 (iii) AS 11.41.450 - 11.41.458; 09 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 10 exposure is before a person under 16 years of age and the offender has 11 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 12 (v) AS 11.61.125 - 11.61.128; 13 (vi) AS 11.66.110, 11.66.130(a)(2) 14 [11.66.130(a)(2)(B)], or AS 26.05.900(b) if the person who was 15 induced or caused to engage in prostitution was under 20 years of age 16 at the time of the offense; 17 (vii) former AS 11.15.120, former 11.15.134, or assault 18 with the intent to commit rape under former AS 11.15.160, former 19 AS 11.40.110, or former 11.40.200; 20 (viii) AS 11.61.118(a)(2) if the offender has a previous 21 conviction for that offense; 22 (ix) AS 11.66.100(a)(2) if the offender is subject to 23 punishment under AS 11.66.100(e); 24 (x) AS 26.05.890 if the person engaged in sexual 25 penetration or sexual contact with the victim; 26 (xi) AS 26.05.890 if, at the time of the offense, the 27 victim is under a duty to obey the lawful orders of the offender, 28 regardless of whether the offender is in the direct chain of command 29 over the victim; 30 (xii) AS 26.05.893 if the person engaged in sexual 31 penetration or sexual contact with the victim;
01 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 02 years of age at the time of the offense; or 03 (xiv) AS 26.05.900 if, at the time of the offense, the 04 victim is under a duty to obey the lawful orders of the offender, 05 regardless of whether the offender is in the direct chain of command 06 over the victim; or 07 (D) an offense, or an attempt, solicitation, or conspiracy to 08 commit an offense, under AS 26.05.935(b), or a similar law of another 09 jurisdiction, if the member of the militia commits one of the following 10 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 11 Code of Military Justice): 12 (i) child pornography; or 13 (ii) pandering and prostitution if the person who is 14 induced, enticed, caused, or procured to engage in a sexual act is under 15 20 years of age at the time of the offense; 16 * Sec. 77. AS 12.70.130 is amended to read: 17 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 18 lawfully made by a peace officer or a private person without a warrant upon 19 reasonable information that the accused stands charged in the courts of another state 20 with a crime punishable by death or imprisonment for a term exceeding one year, but 21 when arrested the accused must be taken before a judge or magistrate without 22 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT 23 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and 24 complaint shall be made against the accused under oath setting out the ground for the 25 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR 26 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 27 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had 28 been arrested on a warrant. 29 * Sec. 78. AS 18.67.020(a) is amended to read: 30 (a) The Violent Crimes Compensation Board is established in the 31 Department of Administration. The board is composed of three members to be
01 appointed by the governor. One of the members shall be designated as chair by the 02 governor. At least one member must be a medical or osteopathic physician [, A 03 PHYSICIAN ASSISTANT, OR AN ADVANCED NURSE PRACTITIONER] 04 licensed to practice in this state or holding a retired status license [FROM 05 PRACTICE] in this state, and one member must be an attorney licensed to practice in 06 this state or retired from practice in this state. 07 * Sec. 79. AS 18.67.101 is amended to read: 08 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 09 board may order the payment of compensation in accordance with the provisions of 10 this chapter for personal injury or death that resulted from 11 (1) an attempt on the part of the applicant to prevent the commission of 12 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 13 officer to do so, or aiding a victim of crime; or 14 (2) the commission or attempt on the part of one other than the 15 applicant to commit any of the following offenses: 16 (A) murder in any degree; 17 (B) manslaughter; 18 (C) criminally negligent homicide; 19 (D) assault in any degree; 20 (E) kidnapping; 21 (F) sexual assault in any degree; 22 (G) sexual abuse of a minor; 23 (H) robbery in any degree; 24 (I) threats to do bodily harm; 25 (J) driving while under the influence of an alcoholic beverage, 26 inhalant, or controlled substance or another crime resulting from the operation 27 of a motor vehicle, boat, or airplane when the offender is under the influence 28 of an alcoholic beverage, inhalant, or controlled substance; 29 (K) arson in the first degree; 30 (L) sex trafficking in violation of AS 11.66.110 or 31 11.66.130(a)(2) [11.66.130(a)(2)(B)];
01 (M) human trafficking in any degree; or 02 (N) unlawful exploitation of a minor. 03 * Sec. 80. AS 28.15.191(g) is amended to read: 04 (g) A court that has ordered a person to refrain from consuming alcoholic 05 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 06 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 07 following a conviction under those sections or a similar municipal ordinance [, OR AS 08 A CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME] shall 09 (1) require the surrender of the person's license and identification card 10 and forward the license and identification card to the department; 11 (2) report the order to the department within two days; and 12 (3) inform the person that the person's license and identification card 13 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 14 otherwise qualified to receive a license or identification card, when the person obtains 15 a new license or identification card, the license or identification card must list the 16 restriction imposed by AS 04.16.160 for the period of probation or parole. 17 * Sec. 81. AS 28.15.291(a) is repealed and reenacted to read: 18 (a) A person is guilty of a class A misdemeanor if the person 19 (1) drives a motor vehicle on a highway or vehicular way or area at a 20 time when that person's driver's license, privilege to drive, or privilege to obtain a 21 license has been canceled, suspended, or revoked in this or another jurisdiction; or 22 (2) drives in violation of a limitation placed on that person's license or 23 privilege to drive in this or another jurisdiction. 24 * Sec. 82. AS 28.15.291(b) is repealed and reenacted to read: 25 (b) Upon conviction under (a) of this section, the court 26 (1) shall impose a minimum sentence of imprisonment 27 (A) if the person has not been previously convicted, of not less 28 than 10 days with 10 days suspended, including a mandatory condition of 29 probation that the defendant complete not less than 80 hours of community 30 work service; 31 (B) if the person has been previously convicted, of not less than
01 10 days; 02 (C) if the person's driver's license, privilege to drive, or 03 privilege to obtain a license was revoked under circumstances described in 04 AS 28.15.181(c)(1), if the person was driving in violation of a limited license 05 issued under AS 28.15.201(d) following that revocation, or if the person was 06 driving in violation of an ignition interlock device requirement following that 07 revocation, of not less than 20 days with 10 days suspended, and a fine of not 08 less than $500, including a mandatory condition of probation that the 09 defendant complete not less than 80 hours of community work service; 10 (D) if the person's driver's license, privilege to drive, or 11 privilege to obtain a license was revoked under circumstances described in 12 AS 28.15.181(c)(2), (3), or (4), if the person was driving in violation of a 13 limited license issued under AS 28.15.201(d) following that revocation, or if 14 the person was driving in violation of an ignition interlock device requirement 15 following that revocation, of not less than 30 days and a fine of not less than 16 $1,000; 17 (2) may impose additional conditions of probation; 18 (3) may not 19 (A) suspend execution of sentence or grant probation except on 20 condition that the person serve a minimum term of imprisonment and perform 21 required community work service as provided in (1) of this subsection; 22 (B) suspend imposition of sentence; 23 (4) shall revoke the person's license, privilege to drive, or privilege to 24 obtain a license, and the person may not be issued a new license or a limited license 25 nor may the privilege to drive or obtain a license be restored for an additional period 26 of not less than 90 days after the date that the person would have been entitled to 27 restoration of driving privileges; and 28 (5) may order that the motor vehicle that was used in commission of 29 the offense be forfeited under AS 28.35.036. 30 * Sec. 83. AS 28.35.028(b) is amended to read: 31 (b) Once the court elects to proceed under this section, the defendant shall
01 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 02 as appropriate. The state and the defendant may enter into a plea agreement to 03 determine the offense or offenses to which the defendant is required to plead. If the 04 court accepts the agreement, the court shall enforce the terms of the agreement. The 05 court shall enter a judgment of conviction for the offense or offenses for which the 06 defendant has pleaded or an order finding that the defendant has violated probation, as 07 appropriate. A judgment of conviction or an order finding a probation violation must 08 set a schedule for payment of restitution owed by the defendant. In a judgment of 09 conviction and on probation conditions that the court considers appropriate, the court 10 may withhold pronouncement of a period of imprisonment or a fine to provide an 11 incentive for the defendant to complete recommended treatment successfully. 12 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 13 mandatory minimum or other sentencing provision applicable to the offense. 14 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 15 other provision of law, the court, at any time after the period when a reduction of 16 sentence is normally available, may consider and reduce the defendant's sentence [, 17 INCLUDING IMPRISONMENT, FINE, OR LICENSE REVOCATION,] based on 18 the defendant's compliance with the treatment plan; when reducing a sentence, the 19 court (1) may not reduce the sentence below the mandatory minimum sentence for the 20 offense unless the court finds that the defendant has successfully complied with and 21 completed the treatment plan and that the treatment plan approximated the severity of 22 the minimum period of imprisonment, and (2) may consider the defendant's 23 compliance with the treatment plan as a mitigating factor allowing a reduction of a 24 sentence under AS 12.55.155(a). A court entering an order finding the defendant has 25 violated probation may withhold pronouncement of disposition to provide an incentive 26 for the defendant to complete the recommended treatment successfully. 27 * Sec. 84. AS 28.35.030(k) is amended to read: 28 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 29 community residential center or by electronic monitoring at a private residence 30 [UNDER AS 33.30.065]. If electronic monitoring is not available, imprisonment 31 required under (b)(1)(A) of this section may [SHALL] be served at another
01 appropriate place determined by the commissioner of corrections [A PRIVATE 02 RESIDENCE BY OTHER MEANS DETERMINED BY THE COMMISSIONER OF 03 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 04 IMPRISONMENT REQUIRED UNDER (b)(1)(A) OF THIS SECTION BY 05 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 06 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 07 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 08 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE]. 09 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 10 community residential center or at a private residence if approved by the 11 commissioner of corrections. Imprisonment served at a private residence must include 12 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 13 IS NOT AVAILABLE, BY OTHER MEANS AS DETERMINED BY THE 14 COMMISSIONER OF CORRECTIONS]. The cost of imprisonment resulting from 15 the sentence imposed under (b)(1) of this section shall be paid to the state by the 16 person being sentenced provided, however, that the [. THE] cost of imprisonment 17 required to be paid under this subsection may not exceed $2,000. Upon the person's 18 conviction, the court shall include the costs of imprisonment as a part of the judgment 19 of conviction. Except for reimbursement from a permanent fund dividend as provided 20 in this subsection, payment of the cost of imprisonment is not required if the court 21 determines the person is indigent. For costs of imprisonment that are not paid by the 22 person as required by this subsection, the state shall seek reimbursement from the 23 person's permanent fund dividend as provided under AS 43.23.140. While at the 24 community residential center or other appropriate place, a person sentenced 25 under (b)(1)(A) of this section shall perform at least 24 hours of community 26 service work. A person sentenced under (b)(1)(B) of this section shall perform at least 27 160 hours of community service work, as required by the director of the community 28 residential center or other appropriate place, or as required by the commissioner of 29 corrections if the sentence is being served at a private residence. In this subsection, 30 "appropriate place" means a facility with 24-hour on-site staff supervision that is 31 specifically adapted to provide a residence, and includes a correctional center,
01 residential treatment facility, hospital, halfway house, group home, work farm, work 02 camp, or other place that provides varying levels of restriction. 03 * Sec. 85. AS 28.35.030(l) is amended to read: 04 (l) The commissioner of corrections shall determine and prescribe by 05 regulation a uniform average cost of imprisonment for the purpose of determining the 06 cost of imprisonment required to be paid under (k) of this section by a convicted 07 person. [THE REGULATIONS MUST INCLUDE THE COSTS ASSOCIATED 08 WITH ELECTRONIC MONITORING UNDER AS 33.30.065.] 09 * Sec. 86. AS 28.35.030(o) is amended to read: 10 (o) Upon request, the department shall review a driver's license revocation 11 imposed under (n)(3) of this section and 12 [(1)] may restore the driver's license if 13 (1) [(A)] the license has been revoked for a period of at least 10 years; 14 (2) [(B)] the person has not been convicted of a [DRIVING- 15 RELATED] criminal offense since the license was revoked; and 16 (3) [(C)] the person provides proof of financial responsibility [; 17 (2) SHALL RESTORE THE DRIVER'S LICENSE IF 18 (A) THE PERSON HAS BEEN GRANTED LIMITED 19 LICENSE PRIVILEGES UNDER AS 28.15.201(g) AND HAS 20 SUCCESSFULLY DRIVEN UNDER THAT LIMITED LICENSE FOR 21 THREE YEARS WITHOUT HAVING THE LIMITED LICENSE 22 PRIVILEGES REVOKED; 23 (B) THE PERSON HAS SUCCESSFULLY COMPLETED A 24 COURT-ORDERED TREATMENT PROGRAM UNDER AS 28.35.028 OR 25 A REHABILITATIVE TREATMENT PROGRAM UNDER AS 28.15.201(h); 26 (C) THE PERSON HAS NOT BEEN CONVICTED OF A 27 VIOLATION OF AS 28.35.030 OR 28.35.032 OR A SIMILAR LAW OR 28 ORDINANCE OF THIS OR ANOTHER JURISDICTION SINCE THE 29 LICENSE WAS REVOKED; 30 (D) THE PERSON IS OTHERWISE ELIGIBLE TO HAVE 31 THE PERSON'S DRIVING PRIVILEGES RESTORED AS PROVIDED IN
01 AS 28.15.211; IN AN APPLICATION UNDER THIS SUBSECTION, A 02 PERSON WHOSE LICENSE WAS REVOKED FOR A VIOLATION OF 03 AS 28.35.030(n) OR 28.35.032(p) IS NOT REQUIRED TO SUBMIT 04 COMPLIANCE AS REQUIRED UNDER AS 28.35.030(h) OR 28.35.032(l); 05 AND 06 (E) THE PERSON PROVIDES PROOF OF FINANCIAL 07 RESPONSIBILITY]. 08 * Sec. 87. AS 28.35.032(o) is amended to read: 09 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 10 community residential center, or if a community residential center [PRIVATE 11 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF 12 ELECTRONIC MONITORING] is not available, at another appropriate place as 13 determined by the commissioner of corrections [IMPRISONMENT UNDER 14 (g)(1)(A) OF THIS SECTION SHALL BE SERVED AT A PRIVATE RESIDENCE 15 BY OTHER MEANS AS DETERMINED BY THE COMMISSIONER OF 16 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 17 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY 18 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 19 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 20 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 21 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.] 22 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 23 community residential center or at a private residence if approved by the 24 commissioner of corrections. Imprisonment served at a private residence must include 25 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 26 IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS 27 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 28 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 29 paid to the state by the person being sentenced provided, however, that the [. THE] 30 cost of imprisonment required to be paid under this subsection may not exceed $2,000. 31 Upon the person's conviction, the court shall include the costs of imprisonment as a
01 part of the judgment of conviction. Except for reimbursement from a permanent fund 02 dividend as provided in this subsection, payment of the cost of imprisonment is not 03 required if the court determines the person is indigent. For costs of imprisonment that 04 are not paid by the person as required by this subsection, the state shall seek 05 reimbursement from the person's permanent fund dividend as provided under 06 AS 43.23.140. While at the community residential center or another appropriate 07 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24 08 hours of community service work. A person sentenced under (g)(1)(B) of this 09 section shall perform at least 160 hours of community service work, as required by the 10 director of the community residential center or other appropriate place, or as required 11 by the commissioner of corrections if the sentence is being served at a private 12 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 13 staff supervision that is specifically adapted to provide a residence, and includes a 14 correctional center, residential treatment facility, hospital, halfway house, group home, 15 work farm, work camp, or other place that provides varying levels of restriction. 16 * Sec. 88. AS 29.10.200(21) is amended to read: 17 (21) AS 29.25.070(e) (notices of certain civil actions) [AND (g) 18 (PENALTIES)]; 19 * Sec. 89. AS 29.25.070(a) is amended to read: 20 (a) For the violation of an ordinance, a municipality may by ordinance 21 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days [, 22 EXCEPT AS LIMITED BY (g) OF THIS SECTION]. For a violation that cannot 23 result in incarceration or the loss of a valuable license, a municipality may allow 24 disposition of the violation without court appearance and establish a schedule of fine 25 amounts for each offense. 26 * Sec. 90. AS 33.05.040 is amended to read: 27 Sec. 33.05.040. Duties of probation officers. A probation officer shall 28 (1) furnish to each probationer under the supervision of the officer a 29 written statement of the conditions of probation and shall instruct the probationer 30 regarding the same; 31 (2) keep informed concerning the conduct and condition of each
01 probationer under the supervision of the officer and shall report on the probationer to 02 the court placing that person on probation; 03 (3) use all suitable methods, not inconsistent with the conditions 04 imposed by the court, to aid probationers and to bring about improvements in their 05 conduct and condition; 06 (4) keep records of the probation work, [INCLUDING 07 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 08 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete 09 accounts of all money collected from persons under the supervision of the officer, give 10 receipts for money collected and make at least monthly returns of it, make the reports 11 to the court and the commissioner required by them, and perform other duties the court 12 may direct; 13 (5) perform duties with respect to persons on parole as the 14 commissioner shall request, and in that service shall be termed a parole officer; 15 (6) [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 16 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 17 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 18 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 19 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 20 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 21 A RECOGNITION OF POSITIVE BEHAVIOR; 22 (7) UPON DETERMINING THAT A PROBATIONER UNDER THE 23 SUPERVISION OF THE OFFICER MEETS THE REQUIREMENTS OF 24 AS 12.55.090(g), RECOMMEND TO THE COURT AS SOON AS PRACTICABLE 25 THAT PROBATION BE TERMINATED AND THE PROBATIONER BE 26 DISCHARGED FROM PROBATION; 27 (8) FOR EACH PROBATIONER WHO OWES RESTITUTION AND 28 WHO IS UNDER THE SUPERVISION OF THE OFFICER, CREATE A 29 RESTITUTION PAYMENT SCHEDULE BASED ON THE PROBATIONER'S 30 INCOME AND ABILITY TO PAY IF THE COURT HAS NOT ALREADY SET A 31 RESTITUTION PAYMENT SCHEDULE;
01 (9)] accommodate the diligent efforts of each probationer to secure and 02 maintain steady employment or to participate in educational courses or training 03 programs when prescribing the times at which a probationer shall report; and 04 (7) [(10)] permit each probationer to travel in the state to make diligent 05 efforts to secure and maintain steady employment or to participate in educational 06 courses or training programs if the travel is not inconsistent with other terms and 07 conditions of probation. 08 * Sec. 91. AS 33.16.010(c) is amended to read: 09 (c) A prisoner who is not eligible for [SPECIAL MEDICAL OR] 10 discretionary parole, or who is not released on [SPECIAL MEDICAL OR] 11 discretionary parole, shall be released on mandatory parole for the term of good time 12 deductions credited under AS 33.20, if the term or terms of imprisonment are two 13 years or more. 14 * Sec. 92. AS 33.16.060(a) is amended to read: 15 (a) The board shall 16 (1) serve as the parole authority for the state; 17 (2) upon receiving an application, consider the suitability for parole 18 of a prisoner who is eligible [FOR DISCRETIONARY PAROLE AT LEAST 90 19 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY AND UPON 20 RECEIPT OF THE PRISONER'S APPLICATION] for special medical or 21 discretionary parole; 22 (3) impose parole conditions on all prisoners released under 23 [SPECIAL MEDICAL,] discretionary [,] or mandatory parole; 24 (4) under AS 33.16.210, discharge a person from parole when custody 25 is no longer required; 26 (5) maintain records of the meetings and proceedings of the board; 27 (6) recommend to the governor and the legislature changes in the law 28 administered by the board; 29 (7) recommend to the governor or the commissioner changes in the 30 practices of the department and of other departments of the executive branch 31 necessary to facilitate the purposes and practices of parole;
01 (8) upon request of the governor, review and recommend applicants 02 for executive clemency; and 03 (9) execute other responsibilities prescribed by law. 04 * Sec. 93. AS 33.16.090(a) is amended to read: 05 (a) A prisoner sentenced to an active term of imprisonment of at least 181 06 days may, in the discretion of the board, be released on discretionary parole if the 07 prisoner 08 [(1)] has served the amount of time specified under (b) of this section, 09 except that 10 (1) [(A)] a prisoner sentenced to one or more mandatory 99-year terms 11 under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not 12 eligible for consideration for discretionary parole; 13 (2) [(B)] a prisoner is not eligible for consideration of discretionary 14 parole if made ineligible by order of a court under AS 12.55.115; 15 (3) [(C)] a prisoner imprisoned under AS 12.55.086 is not eligible for 16 discretionary parole unless the actual term of imprisonment is more than one year [; 17 OR 18 (2) IS AT LEAST 60 YEARS OF AGE, HAS SERVED AT LEAST 19 10 YEARS OF A SENTENCE FOR ONE OR MORE CRIMES IN A SINGLE 20 JUDGMENT, AND HAS NOT BEEN CONVICTED OF AN UNCLASSIFIED 21 FELONY OR A SEXUAL FELONY AS DEFINED IN AS 12.55.185]. 22 * Sec. 94. AS 33.16.090(b) is amended to read: 23 (b) A prisoner eligible under (a) [(a)(1)] of this section who is sentenced 24 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 25 released on discretionary parole until the prisoner has served the mandatory minimum 26 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 27 imposed, or any term set under AS 12.55.115, whichever is greatest; 28 (2) to a single sentence within or below a presumptive range set out in 29 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and 30 has not been allowed by the three-judge panel under AS 12.55.175 to be considered 31 for discretionary parole release, may not be released on discretionary parole until the
01 prisoner has served the term imposed, less good time earned under AS 33.20.010; 02 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 03 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 04 AS 12.55.175 to be considered for discretionary parole release during the second half 05 of the sentence, may not be released on discretionary parole until 06 (A) the prisoner has served that portion of the active term of 07 imprisonment required by the three-judge panel; and 08 (B) in addition to the factors set out in AS 33.16.100(a), the 09 board determines that 10 (i) the prisoner has successfully completed all 11 rehabilitation programs ordered by the three-judge panel that were 12 made available to the prisoner; and 13 (ii) the prisoner would not constitute a danger to the 14 public if released on parole; 15 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 16 the applicable presumptive range may not be released on discretionary parole until the 17 prisoner has served the greater of the following: 18 (A) an amount of time, less good time earned under 19 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 20 of the amount of time above the presumptive range; or 21 (B) any term set under AS 12.55.115; 22 (5) to a single sentence under any other provision of law may not be 23 released on discretionary parole until the prisoner has served at least one-fourth of the 24 active term of imprisonment, any mandatory minimum sentence imposed under any 25 provision of law, or any term set under AS 12.55.115, whichever is greatest; 26 (6) to concurrent sentences may not be released on discretionary parole 27 until the prisoner has served the greatest of 28 (A) any mandatory minimum sentence or sentences imposed 29 under any provision of law; 30 (B) any term set under AS 12.55.115; or 31 (C) the amount of time that is required to be served under (1) -
01 (5) of this subsection for the sentence imposed for the primary crime, had that 02 been the only sentence imposed; 03 (7) to consecutive or partially consecutive sentences may not be 04 released on discretionary parole until the prisoner has served the greatest of 05 (A) the composite total of any mandatory minimum sentence or 06 sentences imposed under any provision of law, including AS 12.55.127; 07 (B) any term set under AS 12.55.115; or 08 (C) the amount of time that is required to be served under (1) - 09 (5) of this subsection for the sentence imposed for the primary crime, had that 10 been the only sentence imposed, plus one-quarter of the composite total of the 11 active term of imprisonment imposed as consecutive or partially consecutive 12 sentences imposed for all crimes other than the primary crime [; 13 (8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND 14 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER 15 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, 16 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE 17 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED 18 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT 19 IMPOSED]. 20 * Sec. 95. AS 33.16.100(a) is amended to read: 21 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 22 UNCLASSIFIED FELONY WHO IS OTHERWISE ELIGIBLE UNDER 23 AS 12.55.115 AND AS 33.16.090(a)(1)] on discretionary parole if it determines a 24 reasonable probability exists that 25 (1) the prisoner will live and remain at liberty without violating any 26 laws or conditions imposed by the board; 27 (2) the prisoner's rehabilitation and reintegration into society will be 28 furthered by release on parole; 29 (3) the prisoner will not pose a threat of harm to the public if released 30 on parole; and 31 (4) release of the prisoner on parole would not diminish the
01 seriousness of the crime. 02 * Sec. 96. AS 33.16.100(b) is amended to read: 03 (b) If the board finds a change in circumstances in a prisoner's parole release 04 plan submitted under AS 33.16.130(a) [PREPAROLE REPORTS LISTED IN 05 AS 33.16.110(a)], or discovers new information concerning a prisoner who has been 06 granted a parole release date, the board may rescind or revise the previously granted 07 parole release date. In reconsidering the release date, the procedures set out in 08 AS 33.16.130(b) and (c) [AS 33.16.130] shall be followed. 09 * Sec. 97. AS 33.16.100 is amended by adding a new subsection to read: 10 (h) If the parole board considers an application for discretionary parole and 11 denies parole because the prisoner does not meet the standards in (a) of this section, 12 the board may make a prisoner ineligible for further consideration of discretionary 13 parole, or may require that additional time be served before the prisoner is again 14 eligible for consideration for discretionary parole. 15 * Sec. 98. AS 33.16.120(a) is amended to read: 16 (a) If the victim of a crime against a person or arson in the first degree 17 requests notice of a scheduled hearing to review or consider discretionary parole for a 18 prisoner convicted of that crime, the board shall send notice of the hearing to the 19 victim at least 30 days before the hearing. The notice must be accompanied by a copy 20 of the prisoner's application for parole submitted under AS 33.16.130(a) [PAROLE 21 PLAN SUBMITTED TO THE BOARD]. However, the copy of the application 22 [PAROLE PLAN] sent to the victim may not include the prisoner's [CONFIDENTIAL 23 HEALTH INFORMATION, INFORMATION PROTECTED UNDER 24 AS 33.16.170,] proposed residence and [, OR] employment addresses. 25 * Sec. 99. AS 33.16.120(f) is amended to read: 26 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c) 27 [OR 33.16.090,] the board shall make every reasonable effort to notify the victim 28 before the prisoner's release date. Notification under this subsection must include the 29 expected date of the prisoner's release, the geographic area in which the prisoner is 30 required to reside, and other pertinent information concerning the prisoner's conditions 31 of parole that may affect the victim.
01 * Sec. 100. AS 33.16.120(g) is amended to read: 02 (g) A victim of a crime involving domestic violence [OR OF A SEXUAL 03 ASSAULT UNDER AS 11.41.410 - 11.41.427] shall be informed by the board at least 04 30 days in advance of a scheduled hearing to review or consider discretionary parole 05 for a prisoner. The board shall inform the victim of any decision to grant or deny 06 discretionary parole or to release the prisoner under AS 33.16.010(c). If the prisoner 07 is to be released, the victim shall be notified of the expected date of the release, the 08 geographic area in which the prisoner will reside, and any other information 09 concerning conditions of parole that may affect the victim. The victim shall also be 10 informed of any changes in the conditions of parole that may affect the victim. The 11 board shall send the notice required to the last known address of the victim. A person 12 may not bring a civil action for damages for a failure to comply with the provisions of 13 this subsection. 14 * Sec. 101. AS 33.16.130 is repealed and reenacted to read: 15 Sec. 33.16.130. Application for discretionary parole. (a) A prisoner eligible 16 for discretionary parole may apply to the board for discretionary parole. As part of the 17 application for parole, the prisoner shall submit to the board a parole release plan that 18 includes the prisoner's plan for employment, residence, and other information 19 concerning the prisoner's rehabilitative plans if released on parole. 20 (b) Before the board determines a prisoner's suitability for discretionary 21 parole, the prisoner is entitled to a hearing before the board. The prisoner shall be 22 furnished a copy of the preparole reports listed in AS 33.16.110, and permitted access 23 to all records that will be considered by the board in making its decision except those 24 that are made confidential by law. The prisoner may also respond in writing to all 25 materials considered by the board, be present at the hearing, and present evidence to 26 the board. 27 (c) The board shall issue its decision in writing and provide the basis for a 28 denial of discretionary parole. A copy of the decision shall be provided to the prisoner. 29 * Sec. 102. AS 33.16.150(g) is amended to read: 30 (g) In addition to other conditions of parole imposed under this section for a 31 prisoner serving a sentence for an offense where the aggravating factor provided in
01 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 02 condition of special medical, discretionary, and mandatory parole a requirement that 03 the prisoner submit to electronic monitoring. Electronic monitoring under this 04 subsection must [COMPLY WITH AS 33.30.011(a)(10) AND] provide for monitoring 05 of the prisoner's location and movements by Global Positioning System technology. 06 The board shall require a prisoner serving a period of parole with electronic 07 monitoring as provided under this subsection to pay all or a portion of the costs of the 08 electronic monitoring, but only if the prisoner has sufficient financial resources to pay 09 the costs or a portion of the costs. A prisoner subject to electronic monitoring under 10 this subsection is not entitled to a credit for time served in a correctional facility while 11 the defendant is on parole. In this subsection, "correctional facility" has the meaning 12 given in AS 33.30.901. 13 * Sec. 103. AS 33.16.180 is amended to read: 14 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 15 (1) conduct investigations of prisoners eligible for discretionary parole, 16 as requested by the board [AND AS PROVIDED IN THIS SECTION]; 17 (2) supervise the conduct of parolees; 18 (3) appoint and assign parole officers and personnel; 19 (4) notify the board and provide information on a prisoner 120 days 20 before the prisoner's mandatory release date, if the prisoner is to be released on 21 mandatory parole; and 22 (5) maintain records, files, and accounts as requested by the board [; 23 (6) PREPARE PREPAROLE REPORTS UNDER AS 33.16.110(a); 24 (7) NOTIFY THE BOARD IN WRITING OF A PRISONER'S 25 COMPLIANCE OR NONCOMPLIANCE WITH THE PRISONER'S CASE PLAN 26 CREATED UNDER AS 33.30.011(a)(8) NOT LESS THAN 30 DAYS BEFORE THE 27 PRISONER'S NEXT PAROLE ELIGIBILITY DATE OR THE PRISONER'S 28 PAROLE HEARING DATE, WHICHEVER IS EARLIER; 29 (8) ESTABLISH AN ADMINISTRATIVE SANCTION AND 30 INCENTIVE PROGRAM TO FACILITATE A SWIFT AND CERTAIN RESPONSE 31 TO A PAROLEE'S COMPLIANCE WITH OR VIOLATION OF THE
01 CONDITIONS OF PAROLE AND SHALL ADOPT REGULATIONS TO 02 IMPLEMENT THE PROGRAM; AT A MINIMUM, THE REGULATIONS MUST 03 INCLUDE 04 (A) A DECISION-MAKING PROCESS TO GUIDE PAROLE 05 OFFICERS IN DETERMINING THE SUITABLE RESPONSE TO 06 POSITIVE AND NEGATIVE OFFENDER BEHAVIOR THAT INCLUDES 07 A LIST OF SANCTIONS FOR THE MOST COMMON TYPES OF 08 NEGATIVE BEHAVIOR, INCLUDING TECHNICAL VIOLATIONS OF 09 CONDITIONS OF PAROLE, AND A LIST OF INCENTIVES FOR 10 COMPLIANCE WITH CONDITIONS AND POSITIVE BEHAVIOR THAT 11 EXCEEDS THOSE CONDITIONS; 12 (B) POLICIES AND PROCEDURES THAT ENSURE 13 (i) A PROCESS FOR RESPONDING TO NEGATIVE 14 BEHAVIOR THAT INCLUDES A REVIEW OF PREVIOUS 15 VIOLATIONS AND SANCTIONS; 16 (ii) THAT ENHANCED SANCTIONS FOR CERTAIN 17 NEGATIVE CONDUCT ARE APPROVED BY THE 18 COMMISSIONER OR THE COMMISSIONER'S DESIGNEE; AND 19 (iii) THAT APPROPRIATE DUE PROCESS 20 PROTECTIONS ARE INCLUDED IN THE PROCESS, INCLUDING 21 NOTICE OF NEGATIVE BEHAVIOR, AN OPPORTUNITY TO 22 DISPUTE THE ACCUSATION AND THE SANCTION, AND AN 23 OPPORTUNITY TO REQUEST A REVIEW OF THE 24 ACCUSATION AND THE SANCTION; AND 25 (9) WITHIN 30 DAYS AFTER SENTENCING OF AN OFFENDER, 26 PROVIDE THE VICTIM OF A CRIME INFORMATION ON THE EARLIEST 27 DATES THE OFFENDER COULD BE RELEASED ON FURLOUGH, 28 PROBATION, OR PAROLE, INCLUDING DEDUCTIONS OR REDUCTIONS 29 FOR GOOD TIME OR OTHER GOOD CONDUCT INCENTIVES, AND THE 30 PROCESS FOR RELEASE, INCLUDING CONTACT INFORMATION FOR THE 31 DECISION-MAKING BODIES].
01 * Sec. 104. AS 33.16.190 is amended to read: 02 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and 03 probation officers. An officer appointed by the commissioner under AS 33.05.020(a) 04 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or 05 this chapter. 06 * Sec. 105. AS 33.16.210(a) is amended to read: 07 (a) The board may unconditionally discharge a parolee from the jurisdiction 08 and custody of the board after the parolee has completed two years [ONE YEAR] of 09 parole. A discretionary parolee with a residual period of probation may, after two 10 years [ONE YEAR] of parole, be discharged by the board to immediately begin 11 serving the residual period of probation. 12 * Sec. 106. AS 33.16.210(b) is amended to read: 13 (b) Notwithstanding (a) of this section, the board may unconditionally 14 discharge a mandatory parolee before the parolee has completed two years [ONE 15 YEAR] of parole if the parolee is serving a concurrent period of residual probation 16 under AS 33.20.040(c), and the period of residual probation and the period of 17 suspended imprisonment each equal or exceed the period of mandatory parole. 18 * Sec. 107. AS 33.16.220(b) is amended to read: 19 (b) Except as provided in (e) of this section, within 15 working days after the 20 arrest and incarceration of a parolee for violation of a condition of parole, [OTHER 21 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215,] the board or its 22 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 23 designee shall determine if there is probable cause to believe that the parolee violated 24 the conditions of parole and, when probable cause exists, whether the parolee should 25 be released pending a final revocation hearing. A finding of probable cause at a 26 preliminary hearing in a criminal case is conclusive proof of probable cause that a 27 parole violation occurred. 28 * Sec. 108. AS 33.16.220(f) is amended to read: 29 (f) The [IF A PAROLEE HAS HAD A PRELIMINARY HEARING UNDER 30 (b) OF THIS SECTION, THE] board shall hold a final revocation hearing not later 31 than 120 days after a parolee's arrest, subject to restrictions arising under
01 AS 33.36.110 and (g) of this section. 02 * Sec. 109. AS 33.16.220(i) is amended to read: 03 (i) If, after the final revocation hearing, the board finds that the parolee has 04 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 05 ordinance, the board may revoke all or a portion of the [REMAINING PERIOD OF] 06 parole [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215], or change any 07 condition of parole. [A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE 08 DATE OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT 09 FOR ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 10 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 11 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 12 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 13 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 14 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 15 TOLLED AS DESCRIBED IN THIS SECTION.] 16 * Sec. 110. AS 33.20.010(c) is repealed and reenacted to read: 17 (c) A prisoner may not be awarded a good time deduction under (a) of this 18 section for any period spent in a treatment program, in a private residence, or while 19 under electronic monitoring. 20 * Sec. 111. AS 33.30.011(a) is amended to read: 21 (a) The commissioner shall 22 (1) establish, maintain, operate, and control correctional facilities 23 suitable for the custody, care, and discipline of persons charged or convicted of 24 offenses against the state or held under authority of state law; each correctional facility 25 operated by the state shall be established, maintained, operated, and controlled in a 26 manner that is consistent with AS 33.30.015; 27 (2) classify prisoners; 28 (3) for persons committed to the custody of the commissioner, 29 establish programs, including furlough programs that are reasonably calculated to 30 (A) protect the public and the victims of crimes committed by 31 prisoners;
01 (B) maintain health; 02 (C) create or improve occupational skills; 03 (D) enhance educational qualifications; 04 (E) support court-ordered restitution; and 05 (F) otherwise provide for the rehabilitation and reformation of 06 prisoners, facilitating their reintegration into society; 07 (4) provide necessary 08 (A) medical services for prisoners in correctional facilities or 09 who are committed by a court to the custody of the commissioner, including 10 examinations for communicable and infectious diseases; 11 (B) psychological or psychiatric treatment if a physician or 12 other health care provider, exercising ordinary skill and care at the time of 13 observation, concludes that 14 (i) a prisoner exhibits symptoms of a serious disease or 15 injury that is curable or may be substantially alleviated; and 16 (ii) the potential for harm to the prisoner by reason of 17 delay or denial of care is substantial; and 18 (C) assessment or screening of the risks and needs of offenders 19 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 20 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 21 disorder; 22 (5) establish minimum standards for sex offender treatment programs 23 offered to persons who are committed to the custody of the commissioner; 24 (6) provide for fingerprinting in correctional facilities in accordance 25 with AS 12.80.060; and 26 (7) establish a program to conduct assessments of the risks and needs 27 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 28 to the legislature, by electronic means, by January 15, 2017, and thereafter by 29 January 15, preceding the first regular session of each legislature, a report 30 summarizing the findings and results of the program [; THE PROGRAM MUST 31 INCLUDE A REQUIREMENT FOR AN ASSESSMENT BEFORE A PRISONER'S
01 RELEASE ON PAROLE, FURLOUGH, OR ELECTRONIC MONITORING FROM 02 A CORRECTIONAL FACILITY; 03 (8) ESTABLISH A PROCEDURE THAT PROVIDES FOR EACH 04 PRISONER REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT OF 05 30 DAYS OR MORE A WRITTEN CASE PLAN THAT 06 (A) IS PROVIDED TO THE PRISONER WITHIN 90 DAYS 07 AFTER SENTENCING; 08 (B) IS BASED ON THE RESULTS OF THE ASSESSMENT 09 OF THE PRISONER'S RISKS AND NEEDS UNDER (7) OF THIS 10 SUBSECTION; 11 (C) INCLUDES A REQUIREMENT TO FOLLOW THE 12 RULES OF THE INSTITUTION; 13 (D) IS MODIFIED WHEN NECESSARY FOR CHANGES IN 14 CLASSIFICATION, HOUSING STATUS, MEDICAL OR MENTAL 15 HEALTH, AND RESOURCE AVAILABILITY; 16 (E) INCLUDES PARTICIPATION IN PROGRAMMING 17 THAT ADDRESSES THE NEEDS IDENTIFIED IN THE ASSESSMENT; 18 (9) ESTABLISH A PROGRAM TO BEGIN REENTRY PLANNING 19 WITH EACH PRISONER SERVING AN ACTIVE TERM OF IMPRISONMENT 20 OF 90 DAYS OR MORE; REENTRY PLANNING MUST BEGIN AT LEAST 90 21 DAYS BEFORE RELEASE ON FURLOUGH OR PROBATION OR PAROLE; THE 22 REENTRY PROGRAM MUST INCLUDE 23 (A) A WRITTEN REENTRY PLAN FOR EACH PRISONER 24 COMPLETED UPON RELEASE ON FURLOUGH OR PROBATION OR 25 PAROLE THAT INCLUDES INFORMATION ON THE PRISONER'S 26 PROPOSED 27 (i) RESIDENCE; 28 (ii) EMPLOYMENT OR ALTERNATIVE MEANS OF 29 SUPPORT; 30 (iii) TREATMENT OPTIONS; 31 (iv) COUNSELING SERVICES;
01 (v) EDUCATION OR JOB TRAINING SERVICES; 02 (B) ANY OTHER REQUIREMENTS FOR SUCCESSFUL 03 TRANSITION BACK TO THE COMMUNITY, INCLUDING 04 ELECTRONIC MONITORING OR FURLOUGH FOR THE PERIOD 05 BETWEEN A SCHEDULED PAROLE HEARING AND PAROLE 06 ELIGIBILITY; 07 (C) COORDINATION WITH THE DEPARTMENT OF 08 LABOR AND WORKFORCE DEVELOPMENT TO PROVIDE ACCESS, 09 AFTER RELEASE, TO JOB TRAINING AND EMPLOYMENT 10 ASSISTANCE; 11 (10) FOR OFFENDERS UNDER ELECTRONIC MONITORING, 12 ESTABLISH 13 (A) MINIMUM STANDARDS FOR ELECTRONIC 14 MONITORING, WHICH MAY INCLUDE THE REQUIREMENT OF 15 ACTIVE, REAL-TIME MONITORING USING GLOBAL POSITIONING 16 SYSTEMS; AND 17 (B) PROCEDURES FOR OVERSIGHT AND APPROVING 18 ELECTRONIC MONITORING PROGRAMS AND SYSTEMS PROVIDED 19 BY PRIVATE CONTRACTORS; AND 20 (11) ASSIST A PRISONER IN OBTAINING A VALID STATE 21 IDENTIFICATION CARD IF THE PRISONER DOES NOT HAVE A VALID 22 STATE IDENTIFICATION CARD BEFORE THE PRISONER'S RELEASE; THE 23 DEPARTMENT SHALL PAY THE APPLICATION FEE FOR THE 24 IDENTIFICATION CARD]. 25 * Sec. 112. AS 33.30.013(a) is amended to read: 26 (a) The commissioner shall notify the victim if the offender 27 [(1)] escapes from custody [; 28 (2) IS DISCHARGED FROM PAROLE UNDER AS 33.16;] or 29 [(3)] is released to the community on a furlough, on an early release 30 program, or for any other reason. 31 * Sec. 113. AS 33.30.065(a) is amended to read:
01 (a) If the commissioner designates a prisoner to serve the prisoner's term of 02 imprisonment or period of temporary commitment, or a part of the term or period, by 03 electronic monitoring, the commissioner shall direct the prisoner to serve the term or 04 period at the prisoner's residence or other place selected by the commissioner. The 05 electronic monitoring shall be administered by the department [OR BY A PRIVATE 06 CONTRACTOR APPROVED BY THE DEPARTMENT UNDER 07 AS 33.30.011(a)(10)(B)] and shall be designed so that any attempt to remove, tamper 08 with, or disable the monitoring equipment or to leave the place selected for the service 09 of the term or period will result in a report or notice to the department. 10 * Sec. 114. AS 33.30.151 is amended to read: 11 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 12 establish correctional restitution centers in the state. The purpose of the centers is to 13 provide certain offenders with rehabilitation through [COMPREHENSIVE 14 TREATMENT FOR SUBSTANCE ABUSE, COGNITIVE BEHAVIORAL 15 DISORDERS, AND OTHER CRIMINAL RISK FACTORS, INCLUDING 16 AFTERCARE SUPPORT,] community service [,] and employment [,] while 17 protecting the community through partial incarceration of the offender, and to create a 18 means to provide restitution to victims of crimes. 19 (b) The commissioner shall adopt regulations setting standards for the 20 operation of the centers including 21 (1) requirements that the centers be secure and in compliance with 22 state and local safety laws; 23 (2) standards for disciplinary rules to be imposed on prisoners confined 24 to the centers; 25 (3) standards for the granting of emergency absence to prisoners 26 confined to the centers; 27 (4) standards for classifying prisoners to centers; 28 (5) standards for mandatory employment and participation in 29 community service programs in each center; and 30 (6) standards for periodic review of the performance of prisoners 31 confined to the centers [AND QUALITY ASSURANCE MEASURES TO ENSURE
01 CENTERS ARE MEETING STATE STANDARDS AND CONTRACTUAL 02 OBLIGATIONS; 03 (7) STANDARDS FOR THE PROVISION OF TREATMENT, 04 INCLUDING SUBSTANCE ABUSE TREATMENT, COGNITIVE BEHAVIORAL 05 THERAPY, AND AFTERCARE DESIGNED TO ADDRESS AN OFFENDER'S 06 INDIVIDUAL CRIMINOGENIC NEEDS; AND 07 (8) STANDARDS AND A PROCESS TO ASSESS AN 08 OFFENDER'S RISK OF RECIDIVATING AND THE CRIMINAL RISK FACTORS 09 AND NEEDS THAT REDUCE THE RISK OF RECIDIVATING AND ENSURE 10 THAT 11 (A) HIGH RISK OFFENDERS WITH MODERATE TO 12 HIGH NEEDS ARE A PRIORITY FOR ACCEPTANCE INTO A 13 CORRECTIONAL RESTITUTION CENTER; AND 14 (B) CENTERS ESTABLISH INTERNAL PROCEDURES TO 15 LIMIT THE MIXING OF LOW AND HIGH RISK PRISONERS]. 16 * Sec. 115. AS 34.03.360(7) is amended to read: 17 (7) "illegal activity involving a controlled substance" means a violation 18 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) 19 - (8)], or 11.71.040(a)(1), (2), or (5); 20 * Sec. 116. AS 34.03.360(10) is amended to read: 21 (10) "illegal activity involving a place of prostitution" means a 22 violation of AS 11.66.120(a)(1) or 11.66.130(a)(1) or (4) [11.66.130(a)(2)(A) or (D)]; 23 * Sec. 117. AS 43.61.010(f) is amended to read: 24 (f) The marijuana education and treatment fund is established in the general 25 fund. The [IN ADDITION TO THE ACCOUNTING UNDER (c) OF THIS 26 SECTION, THE] Department of Administration shall separately account for 25 27 percent of the tax collected under this section and deposit it into the marijuana 28 education and treatment fund. The Department of Administration shall deposit interest 29 earned on the fund into the general fund. Money in the fund does not lapse. The 30 legislature may use the annual estimated balance in the fund to make appropriations to 31 the Department of Health and Social Services for the comprehensive marijuana use
01 education and treatment program established under AS 44.29.020(a)(17). 02 * Sec. 118. AS 44.19.645(a) is amended to read: 03 (a) The commission shall evaluate the effect of sentencing laws and criminal 04 justice practices on the criminal justice system to evaluate whether those sentencing 05 laws and criminal justice practices provide for protection of the public, community 06 condemnation of the offender, the rights of victims of crimes, the rights of the accused 07 and the person convicted, restitution from the offender, and the principle of 08 reformation. The commission shall make recommendations for improving criminal 09 sentencing practices and criminal justice practices, including rehabilitation and 10 restitution. [THE COMMISSION SHALL ANNUALLY MAKE 11 RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON 12 HOW SAVINGS FROM CRIMINAL JUSTICE REFORMS SHOULD BE 13 REINVESTED TO REDUCE RECIDIVISM.] In formulating its recommendations, 14 the commission shall consider 15 (1) statutes, court rules, and court decisions relevant to sentencing of 16 criminal defendants in misdemeanor and felony cases; 17 (2) sentencing practices of the judiciary, including use of presumptive 18 sentences; 19 (3) means of promoting uniformity, proportionality, and accountability 20 in sentencing; 21 (4) alternatives to traditional forms of incarceration; 22 (5) the efficacy of parole and probation in ensuring public safety, 23 achieving rehabilitation, and reducing recidivism; 24 (6) the adequacy, availability, and effectiveness of treatment and 25 rehabilitation programs; 26 (7) crime and incarceration rates, including the rate of violent crime 27 and the abuse of controlled substances, in this state compared to other states, and best 28 practices adopted by other states that have proven to be successful in reducing 29 recidivism; 30 (8) the relationship between sentencing priorities and correctional 31 resources;
01 (9) the effectiveness of the state's current methodologies for the 02 collection and dissemination of criminal justice data; and 03 (10) whether the schedules for controlled substances in AS 11.71.140 - 04 11.71.190 are reasonable and appropriate, considering the criteria established in 05 AS 11.71.120(c). 06 * Sec. 119. AS 44.19.647(a) is amended to read: 07 (a) The commission shall submit to the governor and the legislature an annual 08 report [. THE REPORT MUST INCLUDE 09 (1) A DESCRIPTION] of its proceedings for the previous calendar 10 year and may submit [; 11 (2) A SUMMARY OF SAVINGS AND RECOMMENDATIONS ON 12 HOW SAVINGS FROM CRIMINAL JUSTICE REFORM SHOULD BE 13 REINVESTED TO REDUCE RECIDIVISM; 14 (3) PERFORMANCE METRICS AND OUTCOMES FROM THE 15 RECOMMENDATIONS THE COMMISSION MADE IN ITS DECEMBER 2015 16 REPORT, INCLUDING RECIDIVISM RATES, DEFINED AS 17 (A) THE PERCENTAGE OF INMATES WHO RETURN TO 18 PRISON WITHIN THREE YEARS AFTER RELEASE, BROKEN DOWN 19 BY OFFENSE TYPE AND RISK LEVEL; AND 20 (B) THE PERCENTAGE OF INMATES WHO RETURN TO 21 PRISON WITHIN THREE YEARS AFTER RELEASE FOR A NEW 22 CRIMINAL CONVICTION, BROKEN DOWN BY OFFENSE TYPE AND 23 RISK LEVEL; AND 24 (4) RECOMMENDATIONS FOR ADDITIONAL REFORMS, 25 WHICH MAY INCLUDE] recommendations for legislative and administrative action. 26 Reports and recommendations provided under this section shall be submitted not 27 later than February 1 of each year. 28 * Sec. 120. AS 44.66.010(a)(12) is amended to read: 29 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30, 30 2019 [JUNE 30, 2021]; 31 * Sec. 121. AS 47.12.315(a) is amended to read:
01 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 02 section, the department shall disclose information to the public, on request, concerning 03 a minor subject to this chapter who was at least 13 years of age at the time of 04 commission of 05 (1) a felony offense against a person under AS 11.41; 06 (2) arson in the first or second degree; 07 (3) burglary in the first degree; 08 (4) distribution of child pornography; 09 (5) sex trafficking in the first degree; 10 (6) misconduct involving a controlled substance in the first, [OR] 11 second, or third degrees involving distribution or possession with intent to deliver; or 12 (7) misconduct involving weapons in the first through fourth degrees. 13 * Sec. 122. AS 47.37.040 is amended to read: 14 Sec. 47.37.040. Duties of department. The department shall 15 (1) develop, encourage, and foster statewide, regional, and local plans 16 and programs for the prevention of alcoholism and drug abuse and treatment of 17 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 18 public and private agencies, organizations, and individuals, and provide technical 19 assistance and consultation services for these purposes; 20 (2) coordinate the efforts and enlist the assistance of all public and 21 private agencies, organizations, and individuals interested in prevention of alcoholism, 22 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 23 abusers, and inhalant abusers; 24 (3) cooperate with the Department of Corrections in establishing and 25 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 26 abusers, and inhalant abusers in or on parole from penal institutions; 27 (4) cooperate with the Department of Education and Early 28 Development, school boards, schools, police departments, courts, and other public and 29 private agencies, organizations, and individuals in establishing programs for the 30 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 31 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum
01 materials for use at all levels of school education; 02 (5) prepare, publish, evaluate, and disseminate educational material 03 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 04 volatile substances; 05 (6) develop and implement, as an integral part of treatment programs, 06 an educational program for use in the treatment of alcoholics, intoxicated persons, 07 drug abusers, and inhalant abusers that includes the dissemination of information 08 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 09 (7) organize and foster training programs for all persons engaged in 10 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 11 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 12 abuse workers; 13 (8) sponsor and encourage research into the causes and nature of 14 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 15 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 16 for information relating to alcoholism, drug abuse, and inhalant abuse; 17 (9) specify uniform methods for keeping statistical information by 18 public and private agencies, organizations, and individuals, and collect and make 19 available relevant statistical information, including number of persons treated, 20 frequency of admission and readmission, and frequency and duration of treatment; 21 (10) conduct program planning activities approved by the Advisory 22 Board on Alcoholism and Drug Abuse; 23 (11) review all state health, welfare, and treatment plans to be 24 submitted for federal funding, and advise the commissioner on provisions to be 25 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 26 abusers; 27 (12) assist in the development of, and cooperate with, alcohol, drug 28 abuse, and inhalant abuse education and treatment programs for employees of state 29 and local governments and businesses and industries in the state; 30 (13) use the support and assistance of interested persons in the 31 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to
01 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 02 treatment; 03 (14) cooperate with the Department of Public Safety and the 04 Department of Transportation and Public Facilities in establishing and conducting 05 programs designed to deal with the problem of persons operating motor vehicles while 06 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 07 develop and approve alcohol information courses required to be taken by drivers under 08 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 09 laws; 10 (15) encourage hospitals and other appropriate health facilities to 11 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 12 inhalant abusers and to provide them with adequate and appropriate treatment; 13 (16) encourage all health insurance programs to include alcoholism 14 and drug abuse as a covered illness; 15 (17) prepare an annual report covering the activities of the department 16 and notify the legislature that the report is available; 17 (18) develop and implement a training program on alcoholism and 18 drug abuse for employees of state and municipal governments, and private institutions; 19 (19) develop curriculum materials on drug and alcohol abuse and the 20 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 21 well as a course of instruction for teachers to be charged with presenting the 22 curriculum; 23 (20) develop and implement or designate, in cooperation with other 24 state or local agencies, a juvenile alcohol safety action program that provides alcohol 25 and substance abuse screening, referral, and monitoring of persons under 18 years of 26 age who have been referred to it by 27 (A) a court in connection with a charge or conviction of a 28 violation or misdemeanor related to the use of alcohol or a controlled 29 substance; 30 (B) the agency responsible for the administration of motor 31 vehicle laws in connection with a license action related to the use of alcohol or
01 a controlled substance; or 02 (C) department staff after a delinquency adjudication that is 03 related to the use of alcohol or a controlled substance; 04 (21) develop and implement, or designate, in cooperation with other 05 state or local agencies, an alcohol safety action program that provides alcohol and 06 substance abuse screening, referral, and monitoring services to persons who have been 07 referred by a court in connection with a charge or conviction of a misdemeanor 08 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a 09 controlled substance, referred by a court [OR] under AS 28.35.028 [AS 04.16.049 10 OR 04.16.050] or referred by an agency of the state with the responsibility for 11 administering motor vehicle laws in connection with a driver's license action involving 12 the use of alcohol or a controlled substance; 13 (22) whenever possible, apply evidence-based, research-based, and 14 consensus-based substance abuse and co-occurring substance abuse and mental health 15 disorders treatment practices and remove barriers that prevent the use of those 16 practices; 17 (23) collaborate with first responders, hospitals, schools, primary care 18 providers, developmental disability treatment providers, law enforcement, corrections, 19 attorneys, the Alaska Court System, community behavioral treatment providers, 20 Alaska Native organizations, and federally funded programs in implementing 21 programs for co-occurring substance abuse and mental health disorders treatment. 22 * Sec. 123. AS 47.38.020 is amended to read: 23 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 24 commissioner, in cooperation with the commissioner of corrections, shall establish a 25 program [USING A COMPETITIVE PROCUREMENT PROCESS] for certain 26 persons with release conditions ordered as provided under AS 12.30, or offenders with 27 conditions of probation, that include not consuming controlled substances or alcoholic 28 beverages. 29 (b) The commissioner shall adopt regulations to implement the program. 30 [THE REGULATIONS MUST INCLUDE REGULATIONS REGARDING 31 PRODUCTS AND SERVICES THAT PROVIDE ALCOHOL AND SUBSTANCE
01 ABUSE MONITORING.] 02 (c) The commissioner shall include in the program 03 (1) a requirement for twice-a-day testing, [EITHER REMOTELY OR] 04 in person if practicable, for alcoholic beverage use and random testing for controlled 05 substances; 06 (2) a means to provide the probation officer, prosecutor's office, or 07 local law enforcement agency with notice within 24 hours, so that a complaint may be 08 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 09 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 10 or an arrest warrant may be issued for the person on release or offender with 11 conditions of probation provided in this subsection, if the person or offender 12 (A) fails to appear for an appointment [OR FAILS TO 13 COMPLETE A TEST THROUGH THE USE OF REMOTE ALCOHOL OR 14 SUBSTANCE ABUSE MONITORING TECHNOLOGY] as required by the 15 program requirements; or 16 (B) tests positive for the use of controlled substances or 17 alcoholic beverages; and 18 (3) a requirement that the person or offender pay, based on the person's 19 or offender's ability under financial guidelines established by the commissioner, for 20 the cost of participating in the program. 21 (d) The department shall [CONTRACT WITH ONE OR MORE VENDORS 22 USING A COMPETITIVE PROCUREMENT PROCESS IN ACCORDANCE WITH 23 AS 36.30 (STATE PROCUREMENT CODE) TO] provide or conduct the testing 24 required under (c) of this section. 25 * Sec. 124. AS 47.38.100(a) is amended to read: 26 (a) The recidivism reduction program is established to promote the 27 rehabilitation through transitional re-entry programs of persons [ON PROBATION 28 OR PAROLE OR] incarcerated for offenses and recently released from correctional 29 facilities. 30 * Sec. 125. AS 47.38.100(b) is amended to read: 31 (b) The commissioner, in cooperation with the commissioner of corrections
01 [ALASKA CRIMINAL JUSTICE COMMISSION ESTABLISHED IN 02 AS 44.19.641], may provide for programs that have, as a primary focus, rehabilitation 03 and reduction of recidivism through transitional re-entry for persons [ON 04 PROBATION OR PAROLE OR] incarcerated for offenses and recently released from 05 correctional facilities. The commissioner may enter into contracts to provide for 06 programs under this section. A [AN ELIGIBLE] program under this section must 07 [ACCOMPLISH AT LEAST ONE OF THE FOLLOWING OBJECTIVES:] 08 (1) include case management; 09 (2) require sober living; 10 (3) provide, on-site or by referral, treatment for substance abuse 11 or mental health treatment; 12 (4) require employment, educational programming, vocational 13 training, or community volunteer work as approved by the director of the 14 treatment program; and 15 (5) limit residential placements in the program to a maximum of 16 one year [INCREASING ACCESS TO EVIDENCE-BASED REHABILITATION 17 PROGRAMS, INCLUDING DRUG AND ALCOHOL TREATMENT, MENTAL 18 HEALTH TREATMENT, AND COGNITIVE BEHAVIORAL PROGRAMS; OR 19 (2) SUPPORTING OFFENDERS' TRANSITION AND RE-ENTRY 20 FROM CORRECTIONAL FACILITIES TO THE COMMUNITY, INCLUDING 21 TRANSITIONAL HOUSING SERVICES, EMPLOYMENT SERVICES, 22 VOCATIONAL TRAINING, EDUCATIONAL SUPPORT, COUNSELING, AND 23 MEDICAL CARE]. 24 * Sec. 126. Section 35, ch. 83, SLA 2014, as amended by sec. 177, ch. 36, SLA 2016, is 25 amended to read: 26 Sec. 35. AS 22.20.210 is repealed June 30, 2019 [JUNE 30, 2021]. 27 * Sec. 127. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 REPEAL OF COURT RULES. Rules 38(d) and (e), Alaska Rules of Criminal 30 Procedure, are repealed. 31 * Sec. 128. AS 09.55.700; AS 11.46.980(d), 11.46.982; AS 11.56.730(e); AS 11.66.100(c),
01 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), 02 11.71.030(a)(7), 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 03 11.71.050(a)(4); AS 12.25.180(c), 12.25.190(d); AS 12.30.055(b); AS 12.55.011(b), 04 12.55.027(f), 12.55.027(g), 12.55.055(g), 12.55.055(h), 12.55.078, 12.55.090(g), 05 12.55.090(h), 12.55.090(i), 12.55.090(j), 12.55.090(k), 12.55.090(l), 12.55.090(m), 06 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), 07 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n), 08 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); 09 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); 10 AS 33.05.020(g), 33.05.020(h), 33.05.080(1); AS 33.07.010, 33.07.020, 33.07.030, 11 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), 12 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), 13 33.16.270, 33.16.900(2); AS 33.20.010(a)(4); AS 33.30.095; AS 43.23.140(b)(9); 14 AS 43.61.010(c), 43.61.010(d), 43.61.010(e); AS 44.19.645(b)(3), 44.19.645(b)(4), 15 44.19.645(c), 44.19.645(d), 44.19.645(e), 44.19.645(f), 44.19.645(g), 44.19.647(b); 16 AS 47.27.015(i); AS 47.37.130(h)(3), 47.37.130(k); and AS 47.38.100(d) are repealed. 17 * Sec. 129. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 APPLICABILITY. (a) The following sections apply to offenses committed on or after 20 the effective date of those sections: 21 (1) AS 11.46.130(a), as amended by sec. 4 of this Act; 22 (2) AS 11.46.140(a), as amended by sec. 5 of this Act; 23 (3) AS 11.46.150(a), as amended by sec. 6 of this Act; 24 (4) AS 11.46.220(c), as amended by sec. 7 of this Act; 25 (5) AS 11.46.260(b), as amended by sec. 8 of this Act; 26 (6) AS 11.46.270(b), as amended by sec. 9 of this Act; 27 (7) AS 11.46.280(d), as amended by sec. 10 of this Act; 28 (8) AS 11.46.285(b), as amended by sec. 11 of this Act; 29 (9) AS 11.46.295, as amended by sec. 12 of this Act; 30 (10) AS 11.46.360(a), as amended by sec. 13 of this Act; 31 (11) AS 11.46.420(a), as amended by sec. 14 of this Act;
01 (12) AS 11.46.460, as amended by sec. 15 of this Act; 02 (13) AS 11.46.482(a), as amended by sec. 16 of this Act; 03 (14) AS 11.46.484(a), as amended by sec. 17 of this Act; 04 (15) AS 11.46.486(a), as amended by sec. 18 of this Act; 05 (16) AS 11.46.530(b), as amended by sec. 19 of this Act; 06 (17) AS 11.46.620(d), as amended by sec. 20 of this Act; 07 (18) AS 11.46.730(c), as amended by sec. 21 of this Act; 08 (19) AS 11.56.730(d), as amended by sec. 23 of this Act; 09 (20) AS 11.56.757(b), as amended by sec. 24 of this Act; 10 (21) AS 11.61.110(c), as amended by sec. 25 of this Act; 11 (22) AS 11.61.150(c), as amended by sec. 28 of this Act; 12 (23) AS 11.66.110(a), as amended by sec. 29 of this Act; 13 (24) AS 11.66.130(a), as amended by sec. 30 of this Act; 14 (25) AS 11.66.135(a), as amended by sec. 31 of this Act; 15 (26) AS 11.66.200(c), as amended by sec. 32 of this Act; 16 (27) AS 11.71.021, enacted by sec. 33 of this Act; 17 (28) AS 11.71.030(a), as amended by sec. 34 of this Act; 18 (29) AS 11.71.030(d), as amended by sec. 35 of this Act; 19 (30) AS 11.71.040(a), as amended by sec. 36 of this Act; 20 (31) AS 11.71.040(d), as amended by sec. 37 of this Act; 21 (32) AS 11.71.050, as amended by sec. 38 of this Act; 22 (33) AS 11.71.060, as amended by sec. 39 of this Act; 23 (34) AS 28.15.291(a), as repealed and reenacted by sec. 81 of this Act; 24 (35) AS 29.10.200(21), as amended by sec. 88 of this Act; and 25 (36) AS 29.25.070(a), as amended by sec. 89 of this Act. 26 (b) The following sections apply to contact with a police officer occurring on or after 27 the effective date of those sections for offenses occurring before, on, or after the effective date 28 of those sections: 29 (1) AS 12.25.150(a), as amended by sec. 41 of this Act; 30 (2) AS 12.25.180(a), as amended by sec. 42 of this Act; 31 (3) AS 12.25.180(b), as amended by sec. 43 of this Act; and
01 (4) AS 12.25.190(b), as amended by sec. 44 of this Act. 02 (c) The following sections apply to offenses committed on or after the effective date 03 of those sections: 04 (1) AS 12.30.006(b), as amended by sec. 45 of this Act; 05 (2) AS 12.30.006(c), as amended by sec. 46 of this Act; 06 (3) AS 12.30.006(d), as amended by sec. 47 of this Act; 07 (4) AS 12.30.006(f), as amended by sec. 48 of this Act; 08 (5) AS 12.30.011, as repealed and reenacted by sec. 49 of this Act; 09 (6) AS 12.30.016(b), as amended by sec. 50 of this Act; 10 (7) AS 12.30.016(c), as amended by sec. 51 of this Act; 11 (8) AS 12.30.021(a), as amended by sec. 53 of this Act; and 12 (9) AS 12.30.021(c), as amended by sec. 54 of this Act. 13 (d) The following sections apply to sentences imposed on or after the effective date of 14 those sections for conduct occurring on or after the effective date of those sections: 15 (1) AS 12.55.025(c), as amended by sec. 56 of this Act; 16 (2) AS 12.55.027(a), as amended by sec. 57 of this Act; 17 (3) AS 12.55.027(b), as repealed and reenacted by sec. 58 of this Act; 18 (4) AS 12.55.027(c), as repealed and reenacted by sec. 59 of this Act; 19 (5) AS 12.55.051(a), as amended by sec. 61 of this Act; 20 (6) AS 12.55.125(c), as amended by sec. 67 of this Act; 21 (7) AS 12.55.125(d), as amended by sec. 68 of this Act; 22 (8) AS 12.55.125(e), as amended by sec. 69 of this Act; 23 (9) AS 12.55.125(q), as amended by sec. 70 of this Act; 24 (10) AS 12.55.135(a), as amended by sec. 71 of this Act; 25 (11) AS 12.55.135(b), as amended by sec. 72 of this Act; 26 (12) AS 12.55.135(q), enacted by sec. 73 of this Act; 27 (13) AS 28.15.291(b), as repealed and reenacted by sec. 82 of this Act; 28 (14) AS 28.35.030(k), as amended by sec. 84 of this Act; and 29 (15) AS 28.35.032(o), as amended by sec. 87 of this Act. 30 (e) AS 12.55.055(a), as amended by sec. 62 of this Act, and AS 12.55.055(c), as 31 amended by sec. 63 of this Act, apply to community work service imposed on or after the
01 effective date of secs. 62 and 63 of this Act for conduct occurring on or after the effective date 02 of secs. 62 and 63 of this Act. 03 (f) The following sections apply to probation ordered on or after the effective date of 04 those sections for conduct occurring on or after the effective date of those sections: 05 (1) AS 12.55.090(b), as amended by sec. 64 of this Act; 06 (2) AS 12.55.090(c), as amended by sec. 65 of this Act; and 07 (3) AS 12.55.090(f), as amended by sec. 66 of this Act. 08 (g) AS 28.35.030(o), as amended by sec. 86 of this Act, applies to revocation of a 09 driver's license, privilege to drive, privilege to obtain a driver's license, or an identification 10 card or driver's license occurring on or after the effective date of sec. 86 of this Act. 11 (h) The following sections apply to parole granted on or after the effective date of 12 those sections for conduct occurring on or after the effective date of those sections: 13 (1) AS 33.16.010(c), as amended by sec. 91 of this Act; 14 (2) AS 33.16.060(a), as amended by sec. 92 of this Act; 15 (3) AS 33.16.090(a), as amended by sec. 93 of this Act; 16 (4) AS 33.16.090(b), as amended by sec. 94 of this Act; 17 (5) AS 33.16.100(h), enacted by sec. 97 of this Act; 18 (6) AS 33.16.150(g), as amended by sec. 102 of this Act; 19 (7) AS 33.16.210(a), as amended by sec. 105 of this Act; 20 (8) AS 33.16.210(b), as amended by sec. 106 of this Act; 21 (9) AS 33.16.220(b), as amended by sec. 107 of this Act; 22 (10) AS 33.16.220(f), as amended by sec. 108 of this Act; 23 (11) AS 33.16.220(i), as amended by sec. 109 of this Act; and 24 (12) AS 33.20.010(c), as repealed and reenacted by sec. 110 of this Act. 25 (i) AS 33.16.100(a), as amended by sec. 95 of this Act, applies to parole granted on or 26 after the effective date of sec. 95 of this Act, for conduct occurring before, on, or after the 27 effective date of sec. 95 of this Act. 28 * Sec. 130. This Act takes effect immediately under AS 01.10.070(c).