CSHB 49(FIN): "An Act relating to criminal law and procedure; eliminating marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to electronic monitoring; relating to controlled substances; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to operating under the influence; relating to refusal to submit to a chemical test; relating to the duties of the commissioner of corrections; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 49(FIN) 01 "An Act relating to criminal law and procedure; eliminating marriage as a defense to 02 certain crimes of sexual assault; establishing the crime of possession of motor vehicle 03 theft tools; relating to electronic monitoring; relating to controlled substances; relating 04 to probation and parole; relating to sentencing; amending the definitions of 'most 05 serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; 06 relating to operating under the influence; relating to refusal to submit to a chemical test; 07 relating to the duties of the commissioner of corrections; relating to testing of sexual 08 assault examination kits; relating to reports of involuntary commitment; amending 09 Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an 10 effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that 03 the Alaska Court System, the Department of Corrections, and the Department of Public Safety 04 make continued efforts to find efficiencies in the criminal justice system and increase the use 05 of contemporaneous two-way video conference for pretrial hearings whenever possible. 06 (b) When imposing a sentence, it is the intent of the legislature that the court may take 07 into consideration any good conduct and self-improvement efforts the defendant has made 08 while in pretrial status, including taking general education development, undergraduate, 09 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith- 10 based activities, and voluntary treatment programs. 11 (c) It is the intent of the legislature that the Department of Corrections develop a plan 12 to track and measure the effectiveness of evidence-based programs offered to offenders and 13 report its progress on the plan to both the House and Senate Judiciary Committees during the 14 Second Regular Session of the Thirty-First Alaska State Legislature. 15 (d) The legislature finds that the legislature did not intend, by enacting ch. 90, SLA 16 2003, and the legislature does not now intend by enacting this Act, to place a limitation on 17 which previous convictions may be considered when imposing a sentence under 18 AS 12.55.125(i), as amended by sec. 64 of this Act. 19 (e) It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 68 of 20 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d 21 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a 22 sentence under AS 12.55.125(i), as amended by sec. 64 of this Act, a prior felony conviction 23 should not be considered if 10 or more years has elapsed between the date of the defendant's 24 unconditional discharge on the immediately preceding offense and the date the defendant 25 committed the present offense unless the prior conviction was for an unclassified or class A 26 felony. 27 (f) It is the intent of the legislature that all prior felony convictions be considered 28 when imposing a sentence under AS 12.55.125(i), as amended by sec. 64 of this Act, 29 regardless of the amount of time that has passed since each conviction. 30 (g) The legislature finds that 31 (1) protecting the public from sex offenders serves a compelling governmental
01 interest, and that the release of certain information about sex offenders to public agencies and 02 the general public assists in protecting the public; 03 (2) a sex offender who is required to register as a sex offender in the state 04 where the person was convicted may relocate to this state for various reasons; 05 (3) the Alaska Supreme Court's narrow interpretation of the state's sex 06 offender registration requirements in its decision in State, Department of Public Safety v. 07 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex 08 offenders who may come to this state in that it requires a person to register as a sex offender 09 in this state only if that person has been convicted of an offense that is similar to a sex offense 10 as defined in AS 12.63.100, as amended by sec. 73 of this Act. 11 (h) It is the intent of the legislature to overturn State, Department of Public Safety v. 12 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender 13 required to register in another jurisdiction is not required to register in the state unless the 14 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as 15 amended by sec. 73 of this Act. Additionally, it is the intent of the legislature to give 16 reciprocity to other jurisdictions and require a sex offender who is physically present in the 17 state and is required to register as a sex offender in another jurisdiction to register as a sex 18 offender in the state regardless of whether the person's underlying conviction is similar to a 19 sex offense as defined in AS 12.63.100, as amended by sec. 73 of this Act. 20 (i) It is the intent of the legislature that the Department of Public Safety make 21 additional resources available to expand investigations of online exploitation of children. 22 * Sec. 2. AS 11.41.110(a) is amended to read: 23 (a) A person commits the crime of murder in the second degree if 24 (1) with intent to cause serious physical injury to another person or 25 knowing that the conduct is substantially certain to cause death or serious physical 26 injury to another person, the person causes the death of any person; 27 (2) the person knowingly engages in conduct that results in the death 28 of another person under circumstances manifesting an extreme indifference to the 29 value of human life; 30 (3) under circumstances not amounting to murder in the first degree 31 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the
01 person commits or attempts to commit arson in the first degree, kidnapping, sexual 02 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 03 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 04 degree, escape in the first or second degree, robbery in any degree, or misconduct 05 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 06 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 07 and, in the course of or in furtherance of that crime or in immediate flight from that 08 crime, any person causes the death of a person other than one of the participants; 09 (4) acting with a criminal street gang, the person commits or attempts 10 to commit a crime that is a felony and, in the course of or in furtherance of that crime 11 or in immediate flight from that crime, any person causes the death of a person other 12 than one of the participants; or 13 (5) the person with criminal negligence causes the death of a child 14 under the age of 16, and the person has been previously convicted of a crime involving 15 a child under the age of 16 that was 16 (A) a felony violation of AS 11.41; 17 (B) in violation of a law or ordinance in another jurisdiction 18 with elements similar to a felony under AS 11.41; or 19 (C) an attempt, a solicitation, or a conspiracy to commit a 20 crime listed in (A) or (B) of this paragraph. 21 * Sec. 3. AS 11.41.150(a) is amended to read: 22 (a) A person commits the crime of murder of an unborn child if the person 23 (1) with intent to cause the death of an unborn child or of another 24 person, causes the death of an unborn child; 25 (2) with intent to cause serious physical injury to an unborn child or to 26 another person or knowing that the conduct is substantially certain to cause death or 27 serious physical injury to an unborn child or to another person, causes the death of an 28 unborn child; 29 (3) while acting alone or with one or more persons, commits or 30 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 31 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,
01 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 02 first or second degree, robbery in any degree, or misconduct involving a controlled 03 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 04 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 05 in furtherance of that crime or in immediate flight from that crime, any person causes 06 the death of an unborn child; 07 (4) knowingly engages in conduct that results in the death of an unborn 08 child under circumstances manifesting an extreme indifference to the value of human 09 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 10 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 11 does not constitute conduct manifesting an extreme indifference to the value of human 12 life. 13 * Sec. 4. AS 11.41.432(b) is amended to read: 14 (b) Except as provided in (d) [(a)] of this section, in a prosecution under 15 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the 16 victim was, at the time of the alleged offense, the legal spouse of the defendant. 17 * Sec. 5. AS 11.41.432 is amended by adding a new subsection to read: 18 (d) It is a defense to a crime charged under AS 11.41.425(a)(2) - (5) or 19 11.41.427 that the offender is married to the person and neither party has filed with the 20 court for separation, divorce, or dissolution of the marriage. 21 * Sec. 6. AS 11.41.438(b) is amended to read: 22 (b) Except as provided in (c) of this section, sexual [SEXUAL] abuse of a 23 minor in the third degree is a class C felony, punishable as provided in 24 AS 12.55.125(e). 25 * Sec. 7. AS 11.41.438 is amended by adding a new subsection to read: 26 (c) Sexual abuse of a minor in the third degree is a class C felony, punishable 27 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years 28 younger than the offender. 29 * Sec. 8. AS 11.41.452(a) is amended to read: 30 (a) A person commits the crime of [ONLINE] enticement of a minor if the 31 person, being 18 years of age or older, knowingly communicates [USES A
01 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 02 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 03 (1) the other person is a child under 16 years of age; or 04 (2) the person believes that the other person is a child under 16 years 05 of age. 06 * Sec. 9. AS 11.41.452(d) is amended to read: 07 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 08 is a class B felony. 09 * Sec. 10. AS 11.41.452(e) is amended to read: 10 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 11 the defendant was, at the time of the offense, required to register as a sex offender or 12 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 13 * Sec. 11. AS 11.46.130(a) is amended to read: 14 (a) A person commits the crime of theft in the second degree if the person 15 commits theft as defined in AS 11.46.100 and 16 (1) the value of the property or services [, ADJUSTED FOR 17 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 18 $25,000; 19 (2) the property is a firearm or explosive; 20 (3) the property is taken from the person of another; 21 (4) the property is taken from a vessel and is vessel safety or survival 22 equipment; 23 (5) the property is taken from an aircraft and the property is aircraft 24 safety or survival equipment; 25 (6) the value of the property [, ADJUSTED FOR INFLATION AS 26 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 27 preceding five years, the person has been convicted and sentenced on two or more 28 separate occasions in this or another jurisdiction of 29 (A) an offense under AS 11.46.120, or an offense under 30 another law or ordinance with similar elements; 31 (B) a crime set out in this subsection or an offense under
01 another law or ordinance with similar elements; 02 (C) an offense under AS 11.46.140(a)(1), or an offense under 03 another law or ordinance with similar elements; or 04 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 05 offense under another law or ordinance with similar elements; or 06 (7) the property is an access device or identification document. 07 * Sec. 12. AS 11.46.140(a) is amended to read: 08 (a) A person commits the crime of theft in the third degree if the person 09 commits theft as defined in AS 11.46.100 and 10 (1) the value of the property or services [, ADJUSTED FOR 11 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 12 or 13 (2) [REPEALED] 14 (3) [REPEALED] 15 (4) the value of the property is less than $250 and, within the preceding 16 five years, the person has been convicted and sentenced on three or more separate 17 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 18 offense under another law or ordinance with similar elements. 19 * Sec. 13. AS 11.46.150(a) is amended to read: 20 (a) A person commits the crime of theft in the fourth degree if the person 21 commits theft as defined in AS 11.46.100 and the value of the property or services [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 23 * Sec. 14. AS 11.46.220(c) is amended to read: 24 (c) Concealment of merchandise is 25 (1) a class C felony if 26 (A) the merchandise is a firearm; 27 (B) the value of the merchandise [, ADJUSTED FOR 28 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 29 (C) the value of the merchandise [, ADJUSTED FOR 30 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 31 $750 and, within the preceding five years, the person has been convicted and
01 sentenced on two or more separate occasions in this or another jurisdiction of 02 (i) the offense of concealment of merchandise under 03 this paragraph or (2)(A) of this subsection, or an offense under another 04 law or ordinance with similar elements; or 05 (ii) an offense under AS 11.46.120, 11.46.130, or 06 11.46.140(a)(1), or an offense under another law or ordinance with 07 similar elements; 08 (2) a class A misdemeanor if 09 (A) the value of the merchandise [, ADJUSTED FOR 10 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 11 $750; or 12 (B) [REPEALED] 13 (C) the value of the merchandise is less than $250 and, within 14 the preceding five years, the person has been convicted and sentenced on three 15 or more separate occasions of the offense of concealment of merchandise or 16 theft in any degree, or an offense under another law or ordinance with similar 17 elements; 18 (3) a class B misdemeanor if the value of the merchandise [, 19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 20 * Sec. 15. AS 11.46.260(b) is amended to read: 21 (b) Removal of identification marks is 22 (1) a class C felony if the value of the property on which the serial 23 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 24 PROVIDED IN AS 11.46.982,] is $750 or more; 25 (2) a class A misdemeanor if the value of the property on which the 26 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 27 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 28 (3) a class B misdemeanor if the value of the property on which the 29 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 30 PROVIDED IN AS 11.46.982,] is less than $250. 31 * Sec. 16. AS 11.46.270(b) is amended to read:
01 (b) Unlawful possession is 02 (1) a class C felony if the value of the property on which the serial 03 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 04 PROVIDED IN AS 11.46.982,] is $750 or more; 05 (2) a class A misdemeanor if the value of the property on which the 06 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 07 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 08 (3) a class B misdemeanor if the value of the property on which the 09 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 10 PROVIDED IN AS 11.46.982,] is less than $250. 11 * Sec. 17. AS 11.46.280(d) is amended to read: 12 (d) Issuing a bad check is 13 (1) a class B felony if the face amount of the check is $25,000 or more; 14 (2) a class C felony if the face amount of the check [, ADJUSTED 15 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 16 $25,000; 17 (3) a class A misdemeanor if the face amount of the check [, 18 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 19 but less than $750; 20 (4) a class B misdemeanor if the face amount of the check [, 21 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 22 * Sec. 18. AS 11.46.285 is amended to read: 23 Sec. 11.46.285. Fraudulent use of an access device or identification 24 document. (a) A person commits the crime of fraudulent use of an access device or 25 identification document if, with intent to defraud, the person uses an access device or 26 identification document to obtain property or services with knowledge that 27 (1) the access device or identification document is stolen or forged; 28 (2) the access device or identification document is expired or has 29 been revoked or cancelled; or 30 (3) for any other reason, that person's use of the access device or 31 identification document is unauthorized by either the issuer or the person to whom
01 the access device or identification document is issued. 02 (b) Fraudulent use of an access device or identification document is 03 (1) a class B felony if the value of the property or services obtained is 04 $25,000 or more; 05 (2) a class C felony if the value of the property or services obtained [, 06 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 07 more but less than $25,000; 08 (3) a class A misdemeanor if the value of the property or services 09 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 10 than $75 [$750]. 11 * Sec. 19. AS 11.46.295 is amended to read: 12 Sec. 11.46.295. Prior convictions. For purposes of considering prior 13 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 14 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 15 AS 11.46.220(c), 16 (1) a conviction for an offense under another law or ordinance with 17 similar elements is a conviction of an offense having elements similar to those of an 18 offense defined as such under Alaska law at the time the offense was committed; 19 (2) a conviction for an offense under Alaska law where the value of the 20 property or services for the offense was lower than the value of property or services 21 for the offense under current Alaska law is a prior conviction for that offense; and 22 (3) the court shall consider the date of a prior conviction as occurring 23 on the date that sentence is imposed for the prior offense. 24 * Sec. 20. AS 11.46.360(a) is amended to read: 25 (a) A person commits the crime of vehicle theft in the first degree if, having 26 no right to do so or any reasonable ground to believe the person has such a right, the 27 person drives, tows away, or takes 28 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 29 of another; 30 (2) the propelled vehicle of another and 31 (A) the vehicle or any other property of another is damaged in a
01 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 02 AS 11.46.982,] of $750 or more; 03 (B) the owner incurs reasonable expenses as a result of the loss 04 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 05 PROVIDED IN AS 11.46.982,] of $750 or more; or 06 (C) the owner is deprived of the use of the vehicle for seven 07 days or more; 08 (3) the propelled vehicle of another and the vehicle is marked as a 09 police or emergency vehicle; or 10 (4) the propelled vehicle of another and, within the preceding seven 11 years, the person was convicted under 12 (A) this section or AS 11.46.365; 13 (B) former AS 11.46.482(a)(4) or (5); 14 (C) former AS 11.46.484(a)(2); 15 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 16 of a propelled vehicle; or 17 (E) a law or ordinance of this or another jurisdiction with 18 elements substantially similar to those of an offense described in (A) - (D) of 19 this paragraph. 20 * Sec. 21. AS 11.46 is amended by adding a new section to article 3 to read: 21 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 22 the crime of possession of motor vehicle theft tools if the person possesses a motor 23 vehicle theft tool with intent to use or permit use of the tool in the commission of 24 vehicle theft. 25 (b) In this section, 26 (1) "altered or shaved key" means a key altered by cutting, filing, or 27 other means to fit multiple vehicles or vehicles other than vehicles for which the key 28 was originally manufactured; 29 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 30 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 31 device adapted or designed for use in committing vehicle theft;
01 (3) "trial or jiggler key" means a key designed or altered to manipulate 02 a vehicle locking mechanism other than the lock for which the key was originally 03 manufactured. 04 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 05 * Sec. 22. AS 11.46.482(a) is amended to read: 06 (a) A person commits the crime of criminal mischief in the third degree if, 07 having no right to do so or any reasonable ground to believe the person has such a 08 right, 09 (1) with intent to damage property of another, the person damages 10 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 11 IN AS 11.46.982,] of $750 or more; 12 (2) the person recklessly creates a risk of damage in an amount 13 exceeding $100,000 to property of another by the use of widely dangerous means; or 14 (3) the person knowingly 15 (A) defaces, damages, or desecrates a cemetery or the contents 16 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 17 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 18 memorial appears to be abandoned, lost, or neglected; 19 (B) removes human remains or associated burial artifacts from 20 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 21 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 22 * Sec. 23. AS 11.46.484(a) is amended to read: 23 (a) A person commits the crime of criminal mischief in the fourth 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 intent to damage property of another, the person damages 27 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 28 IN AS 11.46.982,] of $250 or more but less than $750; 29 (2) the person tampers with a fire protection device in a building that is 30 a public place; 31 (3) the person knowingly accesses a computer, computer system,
01 computer program, computer network, or part of a computer system or network; 02 (4) the person uses a device to descramble an electronic signal that has 03 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 04 device is used only to descramble signals received directly from a satellite or unless 05 the person owned the device before September 18, 1984; or 06 (5) the person knowingly removes, relocates, defaces, alters, obscures, 07 shoots at, destroys, or otherwise tampers with an official traffic control device or 08 damages the work on a highway under construction. 09 * Sec. 24. AS 11.46.486(a) is amended to read: 10 (a) A person commits the crime of criminal mischief in the fifth degree if, 11 having no right to do so or any reasonable ground to believe the person has such a 12 right, 13 (1) with reckless disregard for the risk of harm to or loss of the 14 property or with intent to cause substantial inconvenience to another, the person 15 tampers with property of another; 16 (2) with intent to damage property of another, the person damages 17 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 18 IN AS 11.46.982,] less than $250; or 19 (3) the person rides in a propelled vehicle and, with criminal 20 negligence, disregards the fact that it has been stolen or that it is being used in 21 violation of AS 11.46.360 or 11.46.365(a)(1). 22 * Sec. 25. AS 11.46.530(b) is amended to read: 23 (b) Criminal simulation is 24 (1) a class C felony if the value of what the object purports to represent 25 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 26 more; 27 (2) a class A misdemeanor if the value of what the object purports to 28 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 29 $250 or more but less than $750; 30 (3) a class B misdemeanor if the value of what the object purports to 31 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less
01 than $250. 02 * Sec. 26. AS 11.46.620(d) is amended to read: 03 (d) Misapplication of property is 04 (1) a class C felony if the value of the property misapplied [, 05 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 06 (2) a class A misdemeanor if the value of the property misapplied [, 07 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 08 * Sec. 27. AS 11.46.730(c) is amended to read: 09 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 10 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 11 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 12 defendant's conduct, in which case defrauding secured creditors is 13 (1) a class B felony if the loss is $25,000 or more; 14 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 15 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 16 * Sec. 28. AS 11.46.980 is amended by adding a new subsection to read: 17 (e) In determining the degree or classification of a crime under this chapter, if 18 the combined value of the property or services taken from one or more persons or 19 commercial establishments within a period of 180 days is $750 or more but less than 20 $25,000, the value may be aggregated. 21 * Sec. 29. AS 11.56.310(a) is amended to read: 22 (a) One commits the crime of escape in the second degree if, without lawful 23 authority, one 24 (1) removes oneself from 25 (A) a secure correctional facility while under official detention 26 for a misdemeanor; 27 (B) official detention for a felony or for extradition; or 28 (C) official detention and, during the escape or at any time 29 before being restored to official detention, one possesses on or about oneself a 30 firearm; 31 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the
01 unlawful evasion or at any time before being restored to official detention, one 02 possesses on or about oneself a firearm; or 03 (3) while under official detention for a felony, 04 (A) removes, tampers with, or disables the electronic 05 monitoring equipment; [,] or 06 (B) without prior authorization, leaves one's residence or 07 other place designated by the commissioner of corrections or the 08 commissioner of health and social services for [THE] service by electronic 09 monitoring [OF OFFICIAL DETENTION FOR A FELONY]. 10 * Sec. 30. AS 11.56.320(a) is amended to read: 11 (a) One commits the crime of escape in the third degree if one 12 (1) removes oneself from official detention during any lawful 13 movement or activity incident to confinement within a correctional facility for a 14 misdemeanor; [OR] 15 (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave 16 the state; 17 (3) while under official detention for a misdemeanor, 18 (A) removes, tampers with, or disables the electronic 19 monitoring equipment; or 20 (B) without prior authorization, leaves one's residence or 21 other place designated by the commissioner of corrections or the 22 commissioner of health and social services for service by electronic 23 monitoring; or 24 (4) while on release under AS 12.30, 25 (A) removes, tampers with, or disables the electronic 26 monitoring equipment; or 27 (B) without prior authorization, leaves one's residence or 28 other place designated by a judicial officer as a condition of release. 29 * Sec. 31. 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. 32. 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. 33. 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. 34. AS 11.56.810(a) is amended to read: 05 (a) A person commits the crime of terroristic threatening in the second degree 06 if the person makes a threat that 07 (1) places [KNOWINGLY MAKES A FALSE REPORT THAT A 08 CIRCUMSTANCE (1) DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT 09 TO EXIST AND (A)] a person [IS PLACED] in reasonable fear of serious physical 10 injury to any person with reckless disregard that the threat may cause 11 (A) the [; (B) CAUSES] evacuation of or initiation of an 12 emergency protocol for a building, public place or area, business premises, or 13 mode of public transportation; 14 (B) [(C) CAUSES] serious public inconvenience; or 15 (C) the public or a substantial group of the public to be in 16 fear of serious physical injury [(D) THE REPORT CLAIMS THAT A 17 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 18 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 19 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 20 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 21 TRANSPORTATION]; or 22 (2) causes any person to reasonably believe that a circumstance 23 exists or is about to exist that is dangerous to the proper or safe functioning of an oil or 24 gas pipeline or supporting facility, utility, or transportation or cargo facility; in this 25 paragraph, "oil or gas pipeline or supporting facility" and "utility" have the meanings 26 given in AS 11.46.495. 27 * Sec. 35. AS 11.61.123(a) is amended to read: 28 (a) A person commits the crime of indecent viewing or production of a 29 picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly 30 (1) views, or views [PRODUCES] a picture of, the private exposure of 31 the genitals, anus, or female breast of another person; or
01 (2) produces a picture of the private exposure of the genitals, anus, 02 or female breast of another person [AND THE VIEW OR PRODUCTION IS 03 WITHOUT THE KNOWLEDGE OR CONSENT OF 04 (1) THE PARENT OR GUARDIAN OF THE PERSON VIEWED, 05 OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR 06 SHOWN IS UNDER 16 YEARS OF AGE; AND 07 (2) THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF 08 THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE]. 09 * Sec. 36. AS 11.61.123(c) is amended to read: 10 (c) This section does not apply to the viewing or production of a picture 11 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 12 purpose. 13 * Sec. 37. AS 11.61.123(d) is amended to read: 14 (d) In a prosecution under this section, it is an affirmative defense that the 15 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 16 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 17 posted, and any viewing or use of pictures produced is done only in the interest of 18 crime prevention or prosecution. 19 * Sec. 38. AS 11.61.123(f) is amended to read: 20 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 21 (1) class B felony if the person violates (a)(2) of this section and the 22 person shown in the picture was, at the time of the production of the picture, a 23 minor; 24 (2) [(1)] class C felony if the person 25 (A) violates (a)(1) of this section and the person viewed 26 (i) [OR SHOWN IN A PICTURE] was, at the time of 27 the viewing [OR PRODUCTION OF THE PICTURE], a minor; 28 (ii) in a picture was, at the time of the production of 29 the picture, a minor; or 30 (B) violates (a)(2) of this section and the person shown in a 31 picture was, at the time of the production of the picture, an adult;
01 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this 02 section and the person viewed 03 (A) [OR SHOWN IN A PICTURE] was, at the time of the 04 viewing [OR PRODUCTION OF THE PICTURE], an adult; or 05 (B) in a picture was, at the time of the production of the 06 picture, an adult. 07 * Sec. 39. AS 11.61.123 is amended by adding a new subsection to read: 08 (g) The provisions of this section do not apply to acts 09 (1) that may reasonably be construed to be normal caretaker 10 responsibilities for a child, interactions with a child, or affection for a child; or 11 (2) performed for the purpose of administering a recognized and lawful 12 form of treatment that is reasonably adapted to promoting the physical or mental 13 health of the person being treated. 14 * Sec. 40. AS 11.61 is amended by adding a new section to read: 15 Sec. 11.61.124. Solicitation or production of an indecent picture of a 16 minor. (a) An offender commits the crime of solicitation or production of an indecent 17 picture of a minor if, under circumstances not proscribed under AS 11.41.455, the 18 offender being 18 years of age or older 19 (1) solicits a picture of the genitals, anus, or female breast of another 20 person and the 21 (A) person solicited is under 16 years of age and at least four 22 years younger than the offender; or 23 (B) offender believes that the other person is under 16 years of 24 age and at least four years younger than the offender; or 25 (2) produces a picture of the genitals, anus, or female breast of another 26 person and the 27 (A) person shown in the picture is under 16 years of age and at 28 least four years younger than the offender; or 29 (B) offender believes that the other person is under 16 years of 30 age and at least four years younger than the offender. 31 (b) In a prosecution under (a) of this section, it is not a defense that the person
01 solicited or shown in the picture was not actually a child under 16 years of age and at 02 least four years younger than the offender. 03 (c) In a prosecution under (a)(1) of this section, it is not necessary for the 04 prosecution to show that a picture was actually produced. 05 (d) The provisions of this section do not apply to acts 06 (1) that may reasonably be construed to be normal caretaker 07 responsibilities for a child, interactions with a child, or affection for a child; or 08 (2) performed for the purpose of administering a recognized and lawful 09 form of treatment that is reasonably adapted to promoting the physical or mental 10 health of the person being treated. 11 (e) Solicitation or production of an indecent picture of a minor is a 12 (1) class C felony if an offender 13 (A) violates (a)(1) of this section and the person solicited is 14 under 13 years of age; or 15 (B) violates (a)(2) of this section; 16 (2) class A misdemeanor if an offender violates (a)(1) of this section 17 and the person solicited is 13 years of age or older. 18 (f) In this section, "picture" has the meaning given in AS 11.61.123. 19 * Sec. 41. AS 11.71 is amended by adding a new section to read: 20 Sec. 11.71.021. Misconduct involving a controlled substance in the second 21 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 22 misconduct involving a controlled substance in the second degree if the person 23 (1) manufactures or delivers any amount of a schedule IA controlled 24 substance or possesses any amount of a schedule IA controlled substance with intent 25 to manufacture or deliver; 26 (2) manufactures any material, compound, mixture, or preparation that 27 contains 28 (A) methamphetamine, or its salts, isomers, or salts of isomers; 29 or 30 (B) an immediate precursor of methamphetamine, or its salts, 31 isomers, or salts of isomers;
01 (3) possesses an immediate precursor of methamphetamine, or the 02 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 03 with the intent to manufacture any material, compound, mixture, or preparation that 04 contains methamphetamine, or its salts, isomers, or salts of isomers; 05 (4) possesses a listed chemical with intent to manufacture any material, 06 compound, mixture, or preparation that contains 07 (A) methamphetamine, or its salts, isomers, or salts of isomers; 08 or 09 (B) an immediate precursor of methamphetamine, or its salts, 10 isomers, or salts of isomers; 11 (5) possesses methamphetamine in an organic solution with intent to 12 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 13 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 14 delivers 15 (A) an immediate precursor of methamphetamine, or the salts, 16 isomers, or salts of isomers of the immediate precursor of methamphetamine, 17 to another person with reckless disregard that the precursor will be used to 18 manufacture any material, compound, mixture, or preparation that contains 19 methamphetamine, or its salts, isomers, or salts of isomers; or 20 (B) a listed chemical to another person with reckless disregard 21 that the listed chemical will be used to manufacture any material, compound, 22 mixture, or preparation that contains 23 (i) methamphetamine, or its salts, isomers, or salts of 24 isomers; 25 (ii) an immediate precursor of methamphetamine, or its 26 salts, isomers, or salts of isomers; or 27 (iii) methamphetamine or its salts, isomers, or salts of 28 isomers in an organic solution. 29 (b) In a prosecution under (a) of this section, possession of more than six 30 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 31 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that
01 the person intended to use the listed chemicals to manufacture, to aid or abet another 02 person to manufacture, or to deliver to another person who intends to manufacture 03 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 04 of methamphetamine or its immediate precursors. The prima facie evidence described 05 in this subsection does not apply to a person who possesses 06 (1) the listed chemicals ephedrine, pseudoephedrine, 07 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 08 (A) and the listed chemical was dispensed to the person under a 09 valid prescription; or 10 (B) in the ordinary course of a legitimate business, or an 11 employee of a legitimate business, as a 12 (i) retailer or as a wholesaler; 13 (ii) wholesale drug distributor licensed by the Board of 14 Pharmacy; 15 (iii) manufacturer of drug products licensed by the 16 Board of Pharmacy; 17 (iv) pharmacist licensed by the Board of Pharmacy; or 18 (v) health care professional licensed by the state; or 19 (2) less than 24 grams of ephedrine, pseudoephedrine, 20 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 21 kept in a locked storage area on the premises of a legitimate business or nonprofit 22 organization operating a camp, lodge, school, day care center, treatment center, or 23 other organized group activity, and the location or nature of the activity, or the age of 24 the participants, makes it impractical for the participants in the activity to obtain 25 medicinal products. 26 (c) In this section, "listed chemical" means a chemical described under 27 AS 11.71.200. 28 (d) Misconduct involving a controlled substance in the second degree is a 29 class A felony. 30 * Sec. 42. AS 11.71.030(a) is amended to read: 31 (a) Except as authorized in AS 17.30, a person commits the crime of
01 misconduct involving a controlled substance in the third [SECOND] degree if the 02 person 03 (1) manufactures or delivers, or possesses with intent to manufacture 04 or deliver, 05 (A) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of one gram or more containing a schedule 07 IA controlled substance; 08 (B) 25 or more tablets, ampules, or syrettes containing a 09 schedule IA controlled substance; 10 (C) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of 2.5 grams or more containing a schedule 12 IIA or IIIA controlled substance; or 13 (D) 50 or more tablets, ampules, or syrettes containing a 14 schedule IIA or IIIA controlled substance; 15 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 16 substance to a person under 19 years of age who is at least three years younger than 17 the person delivering the substance; 18 (3) possesses any amount of a schedule IA or IIA controlled substance 19 (A) with reckless disregard that the possession occurs 20 (i) on or within 500 feet of school grounds; or 21 (ii) at or within 500 feet of a recreation or youth center; 22 or 23 (B) on a school bus; 24 (4) manufactures any material, compound, mixture, or preparation that 25 contains 26 (A) methamphetamine, or its salts, isomers, or salts of isomers; 27 or 28 (B) an immediate precursor of methamphetamine, or its salts, 29 isomers, or salts of isomers; 30 (5) possesses an immediate precursor of methamphetamine, or the 31 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 with the intent to manufacture any material, compound, mixture, or preparation that 02 contains methamphetamine, or its salts, isomers, or salts of isomers; 03 (6) possesses a listed chemical with intent to manufacture any material, 04 compound, mixture, or preparation that contains 05 (A) methamphetamine, or its salts, isomers, or salts of isomers; 06 or 07 (B) an immediate precursor of methamphetamine, or its salts, 08 isomers, or salts of isomers; 09 (7) possesses methamphetamine in an organic solution with intent to 10 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 11 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 12 delivers 13 (A) an immediate precursor of methamphetamine, or the salts, 14 isomers, or salts of isomers of the immediate precursor of methamphetamine, 15 to another person with reckless disregard that the precursor will be used to 16 manufacture any material, compound, mixture, or preparation that contains 17 methamphetamine, or its salts, isomers, or salts of isomers; or 18 (B) a listed chemical to another person with reckless disregard 19 that the listed chemical will be used to manufacture any material, compound, 20 mixture, or preparation that contains 21 (i) methamphetamine, or its salts, isomers, or salts of 22 isomers; 23 (ii) an immediate precursor of methamphetamine, or its 24 salts, isomers, or salts of isomers; or 25 (iii) methamphetamine or its salts, isomers, or salts of 26 isomers in an organic solution; or 27 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 28 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 29 substance or possesses any amount of a schedule IIA or IIIA controlled substance 30 with intent to manufacture or deliver. 31 * Sec. 43. AS 11.71.030(d) is amended to read:
01 (d) Misconduct involving a controlled substance in the third [SECOND] 02 degree is a class B felony. 03 * Sec. 44. AS 11.71.040(a) is amended to read: 04 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 05 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if 06 the person 07 (1) manufactures or delivers any amount of a schedule IVA or VA 08 controlled substance or possesses any amount of a schedule IVA or VA controlled 09 substance with intent to manufacture or deliver; 10 (2) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 12 of an aggregate weight of one ounce or more containing a schedule VIA controlled 13 substance; 14 (3) possesses any amount of a schedule IA controlled substance listed 15 in AS 11.71.140(e); 16 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds; or 19 (ii) at or within 500 feet of a recreation or youth center; 20 or 21 (B) on a school bus; 22 (5) knowingly keeps or maintains any store, shop, warehouse, 23 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 24 keeping or distributing controlled substances in violation of a felony offense under this 25 chapter or AS 17.30; 26 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 27 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 28 mark, imprint, or device of another or any likeness of any of these on a drug, drug 29 container, or labeling so as to render the drug a counterfeit substance; 30 (7) knowingly uses in the course of the manufacture or distribution of a 31 controlled substance a registration number that is fictitious, revoked, suspended, or
01 issued to another person; 02 (8) knowingly furnishes false or fraudulent information in or omits 03 material information from any application, report, record, or other document required 04 to be kept or filed under AS 17.30; 05 (9) obtains possession of a controlled substance by misrepresentation, 06 fraud, forgery, deception, or subterfuge; 07 (10) affixes a false or forged label to a package or other container 08 containing any controlled substance; [OR] 09 (11) manufactures or delivers, or possesses with the intent to 10 manufacture or deliver, 11 (A) one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of less than one gram containing a schedule 13 IA controlled substance; 14 (B) less than 25 tablets, ampules, or syrettes containing a 15 schedule IA controlled substance; 16 (C) one or more preparations, compounds, mixtures, or 17 substances of an aggregate weight of less than 2.5 grams containing a schedule 18 IIA or IIIA controlled substance; or 19 (D) less than 50 tablets, ampules, or syrettes containing a 20 schedule IIA or IIIA controlled substance; or 21 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, 22 has been convicted on two or more separate occasions of a crime under 23 (A) this paragraph; 24 (B) AS 11.71.050(a)(4); or 25 (C) a law or ordinance of this or another jurisdiction with 26 elements similar to a crime listed under (A) or (B) of this paragraph. 27 * Sec. 45. AS 11.71.040(d) is amended to read: 28 (d) Misconduct involving a controlled substance in the fourth [THIRD] 29 degree is a class C felony. 30 * Sec. 46. AS 11.71.050 is amended to read: 31 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth
01 [FOURTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 02 commits the crime of misconduct involving a controlled substance in the fifth 03 [FOURTH] degree if the person 04 (1) manufactures or delivers, or possesses with the intent to 05 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 06 of an aggregate weight of less than one ounce containing a schedule VIA controlled 07 substance; 08 (2) [REPEALED] 09 (3) fails to make, keep, or furnish any record, notification, order form, 10 statement, invoice, or information required under AS 17.30; [OR] 11 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 12 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3), 11.71.040(a)(4)], or 11.71.060(a)(2), 13 possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled 14 substance; or 15 (5) under circumstances not proscribed under AS 11.71.030(a)(3), 16 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a 17 schedule VIA controlled substance. 18 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 19 degree is a class A misdemeanor. 20 * Sec. 47. AS 11.71.060 is amended to read: 21 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 22 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 23 commits the crime of misconduct involving a controlled substance in the sixth 24 [FIFTH] degree if the person 25 (1) uses or displays any amount of a schedule VIA controlled 26 substance; 27 (2) possesses one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of 29 (A) less than one ounce containing a schedule VIA controlled 30 substance; 31 (B) six grams or less containing a schedule IIIA controlled
01 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 02 otherwise applied to tobacco, an herb, or another organic material; or 03 (3) refuses entry into a premise for an inspection authorized under 04 AS 17.30. 05 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 06 is a class B misdemeanor. 07 * Sec. 48. AS 11.71.311(a) is amended to read: 08 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 09 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 10 11.71.060(a)(1) or (2) if that person 11 (1) sought, in good faith, medical or law enforcement assistance for 12 another person who the person reasonably believed was experiencing a drug overdose 13 and 14 (A) the evidence supporting the prosecution for an offense 15 under AS 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR 16 (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained or discovered as a 17 result of the person seeking medical or law enforcement assistance; 18 (B) the person remained at the scene with the other person until 19 medical or law enforcement assistance arrived; and 20 (C) the person cooperated with medical or law enforcement 21 personnel, including by providing identification; 22 (2) was experiencing a drug overdose and sought medical assistance, 23 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 24 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 25 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 26 medical assistance. 27 * Sec. 49. AS 12.25.150(a) is amended to read: 28 (a) A person arrested shall be taken before a judge or magistrate without 29 unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT 30 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 31 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES
01 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 02 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 03 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 04 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 05 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 06 ARREST.] This requirement applies to municipal police officers to the same extent as 07 it does to state troopers. 08 * Sec. 50. AS 12.30.006(b) is amended to read: 09 (b) At the first appearance before a judicial officer, a person may be detained 10 up to 48 hours for the prosecuting authority to demonstrate that release of the person 11 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 12 pose a danger to the victim, other persons, or the community, if the person has 13 (1) been charged with an unclassified, class A, class B, or class C 14 felony; or 15 (2) a criminal conviction or charge outside the state [THAT HAS NOT 16 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE 17 PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 18 * Sec. 51. AS 12.30.006(c) is amended to read: 19 (c) A person who remains in custody 48 hours after appearing before a judicial 20 officer because of inability to meet the conditions of release shall, upon application, be 21 entitled to have the conditions reviewed by the judicial officer who imposed them. If 22 the judicial officer who imposed the conditions of release is not available, any judicial 23 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 24 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 25 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 26 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 27 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 28 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 29 (1) APPEARANCE OF THE PERSON IN COURT; AND 30 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 31 COMMUNITY.]
01 * Sec. 52. AS 12.30.006(d) is amended to read: 02 (d) If a person remains in custody after review of conditions by a judicial 03 officer under (c) of this section, the person may request a subsequent review of 04 conditions. Unless the prosecuting authority stipulates otherwise or the person has 05 been incarcerated for a period equal to the maximum sentence for the most serious 06 charge for which the person is being held, a judicial officer may not schedule a bail 07 review hearing under this subsection unless 08 (1) the person provides to the court and the prosecuting authority a 09 written statement that new information not considered at the previous review will be 10 presented at the hearing; the statement must include a description of the information 11 and the reason the information was not presented at a previous hearing; in this 12 paragraph, "new information" does not include [INCLUDES] the person's inability to 13 post the required bail; 14 (2) the prosecuting authority and any surety, if applicable, have at least 15 48 hours' [HOURS"] written notice before the time set for the review requested under 16 this subsection; the defendant shall notify the surety; and 17 (3) at least seven days have elapsed between the previous review and 18 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 19 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 20 * Sec. 53. AS 12.30.006(f) is amended to read: 21 (f) The judicial officer shall issue written or oral findings that explain the 22 reasons the officer imposed the particular conditions of release or modifications or 23 additions to conditions previously imposed. The judicial officer shall inform the 24 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER 25 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's 26 order establishing conditions of release. 27 * Sec. 54. AS 12.30.011 is repealed and reenacted to read: 28 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 29 chapter, a judicial officer shall order a person charged with an offense to be released 30 on the person's personal recognizance or upon execution of an unsecured appearance 31 bond, on the condition that the person
01 (1) obey all court orders and all federal, state, and local laws; 02 (2) appear in court when ordered; 03 (3) if represented, maintain contact with the person's lawyer; and 04 (4) notify the person's lawyer, who shall notify the prosecuting 05 authority and the court, not more than 24 hours after the person changes residence. 06 (b) If a judicial officer determines that the release under (a) of this section will 07 not reasonably ensure the appearance of the person or will pose a danger to the victim, 08 other persons, or the community, the officer shall impose the least restrictive condition 09 or conditions that will reasonably ensure the person's appearance and protect the 10 victim, other persons, and the community. In addition to conditions under (a) of this 11 section, the judicial officer may, singly or in combination, 12 (1) require the execution of an appearance bond in a specified amount 13 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 14 of the amount of the bond; 15 (2) require the execution of a bail bond with sufficient solvent sureties 16 or the deposit of cash; 17 (3) require the execution of a performance bond in a specified amount 18 of cash to be deposited in the registry of the court; 19 (4) place restrictions on the person's travel, association, or residence; 20 (5) order the person to refrain from possessing a deadly weapon on the 21 person or in the person's vehicle or residence; 22 (6) require the person to maintain employment or, if unemployed, 23 actively seek employment; 24 (7) require the person to notify the person's lawyer and the prosecuting 25 authority within two business days after any change in employment; 26 (8) require the person to avoid all contact with a victim, a potential 27 witness, or a codefendant; 28 (9) require the person to refrain from the consumption and possession 29 of alcoholic beverages; 30 (10) require the person to refrain from the use of a controlled substance 31 as defined by AS 11.71, unless prescribed by a licensed health care provider with
01 prescriptive authority; 02 (11) require the person to be physically inside the person's residence, 03 or in the residence of the person's third-party custodian, at time periods set by the 04 court; 05 (12) require the person to keep regular contact with a law enforcement 06 officer or agency; 07 (13) order the person to refrain from entering or remaining in premises 08 licensed under AS 04; 09 (14) place the person in the custody of an individual who agrees to 10 serve as a third-party custodian of the person as provided in AS 12.30.021; 11 (15) if the person is under the treatment of a licensed health care 12 provider, order the person to follow the provider's treatment recommendations; 13 (16) order the person to take medication that has been prescribed for 14 the person by a licensed health care provider with prescriptive authority; 15 (17) order the person to submit to electronic monitoring administered 16 by a private organization; 17 (18) order the person to submit to a pretrial risk assessment by the 18 Department of Corrections under AS 33.05; 19 (19) order the person to comply with any other condition that is 20 reasonably necessary to ensure the appearance of the person and to ensure the safety 21 of the victim, other persons, and the community; and 22 (20) require the person to comply with a program established under 23 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 24 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 25 or a crime involving domestic violence. 26 (c) In determining the conditions of release under this chapter, the court shall 27 consider the following: 28 (1) the nature and circumstances of the offense charged; 29 (2) the weight of the evidence against the person; 30 (3) the nature and extent of the person's family ties and relationships; 31 (4) the person's employment status and history;
01 (5) the length and character of the person's past and present residence; 02 (6) the person's record of convictions and any pending criminal 03 charges; 04 (7) the person's record of appearance at court proceedings; 05 (8) assets available to the person to meet monetary conditions of 06 release; 07 (9) the person's reputation, character, and mental condition; 08 (10) the effect of the offense on the victim, any threats made to the 09 victim, and the danger that the person poses to the victim; 10 (11) any other facts that are relevant to the person's appearance or the 11 person's danger to the victim, other persons, or the community; and 12 (12) the pretrial risk assessment provided by the commissioner of 13 corrections. 14 (d) In making a finding regarding the release of a person under this chapter, 15 (1) except as otherwise provided in this chapter, the burden of proof is 16 on the prosecuting authority that a person charged with an offense should be detained 17 or released with conditions described in (b) of this section or AS 12.30.016; 18 (2) there is a rebuttable presumption that there is a substantial risk that 19 the person will not appear and the person poses a danger to the victim, other persons, 20 or the community, if the person is 21 (A) charged with an unclassified felony, a class A felony, a 22 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 23 (B) charged with a felony crime against a person under 24 AS 11.41, was previously convicted of a felony crime against a person under 25 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 26 five years have elapsed between the date of the person's unconditional 27 discharge on the immediately preceding offense and the commission of the 28 present offense; 29 (C) charged with a felony offense committed while the person 30 was on release under this chapter for a charge or conviction of another offense; 31 (D) charged with a crime involving domestic violence, and has
01 been convicted in the previous five years of a crime involving domestic 02 violence in this state or a similar offense in another jurisdiction; 03 (E) arrested in connection with an accusation that the person 04 committed a felony outside the state or is a fugitive from justice from another 05 jurisdiction, and the court is considering release under AS 12.70. 06 (e) If the supreme court establishes a schedule of bail amounts or conditions of 07 release for misdemeanor offenses, the schedule must include a condition providing 08 that a correctional facility shall, at the time of release, conduct a chemical test of the 09 breath of a person who has been arrested and who is intoxicated and shall detain the 10 person until the test result indicates that the person's breath has less than 0.08 grams of 11 alcohol for each 210 liters of breath or, with the consent of the person, release the 12 person to another person who is willing and able to provide care for the person. 13 * Sec. 55. AS 12.30.021(a) is amended to read: 14 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 15 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 16 RECORD,] that the appointment will, singly or in combination with other 17 conditions, 18 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 19 AVAILABLE IN THE PERSON'S LOCATION; 20 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 21 HAVE BEEN ORDERED; AND 22 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 23 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 24 the victim, other persons, and the community. 25 * Sec. 56. AS 12.30.021(c) is amended to read: 26 (c) A judicial officer may not appoint a person as a third-party custodian if 27 (1) the proposed custodian is acting as a third-party custodian for 28 another person; 29 (2) the proposed custodian has been unconditionally discharged 30 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a 31 crime under AS 11.41, or a similar crime in this or another jurisdiction;
01 (3) criminal charges are pending in this state or another jurisdiction 02 against the proposed custodian; 03 (4) the proposed custodian is on probation in this state or another 04 jurisdiction for an offense; 05 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 06 STATE WILL CALL] the proposed custodian may be called as a witness in the 07 prosecution of the person; 08 (6) the proposed custodian resides out of state; however, a nonresident 09 may serve as a custodian if the nonresident resides in the state while serving as 10 custodian. 11 * Sec. 57. AS 12.55.025(c) is amended to read: 12 (c) Except as provided in (d) of this section, when a defendant is sentenced to 13 imprisonment, the term of confinement commences on the date of imposition of 14 sentence unless the court specifically provides that the defendant must report to serve 15 the sentence on another date. If the court provides another date to begin the term of 16 confinement, the court shall provide the defendant with written notice of the date, 17 time, and location of the correctional facility to which the defendant must report. A 18 defendant shall receive credit for time spent in custody pending trial, sentencing, or 19 appeal, if the detention was in connection with the offense for which the sentence was 20 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 21 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 22 actual time spent in custody pending trial, sentencing, or appeal. The time during 23 which a defendant is voluntarily absent from official detention after the defendant has 24 been sentenced may not be credited toward service of the sentence. 25 * Sec. 58. AS 12.55.027(g) is amended to read: 26 (g) A court may not grant [GRANTING] credit against a sentence of 27 imprisonment under (d) of this section [MAY GRANT CREDIT OF NOT MORE 28 THAN 360 DAYS AGAINST A TOTAL TERM OF IMPRISONMENT IMPOSED] 29 for 30 (1) a felony crime against a person under AS 11.41; 31 (2) a crime involving domestic violence as defined in AS 18.66.990;
01 (3) a sex offense as defined in AS 12.63.100; 02 (4) an offense under AS 11.71 involving the delivery of a controlled 03 substance [TO A PERSON UNDER 19 YEARS OF AGE]; 04 (5) burglary in the first degree under AS 11.46.300; [OR] 05 (6) arson in the first degree under AS 11.46.400; 06 (7) a theft offense under AS 11.46.100; or 07 (8) vehicle theft under AS 11.46.360 or 11.46.365. 08 * Sec. 59. AS 12.55.051(a) is amended to read: 09 (a) If the defendant defaults in the payment of a fine or any installment or of 10 restitution or any installment, the court may order the defendant to show cause why 11 the defendant should not be sentenced to imprisonment for nonpayment and, if the 12 payment was made a condition of the defendant's probation, may revoke the probation 13 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 14 contempt or probation revocation proceeding brought as a result of failure to pay a 15 fine or restitution, it is an affirmative defense that the defendant was unable to pay 16 despite having made continuing good faith efforts to pay the fine or restitution. If the 17 court finds that the defendant was unable to pay despite having made continuing good 18 faith efforts, the defendant may not be imprisoned solely because of the inability to 19 pay. If the court does not find that the default was attributable to the defendant's 20 inability to pay despite having made continuing good faith efforts to pay the fine or 21 restitution, the court may order the defendant imprisoned until the order of the court 22 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 23 imprisonment imposed under this section may not exceed one day for each $50 of the 24 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 25 be given toward satisfaction of the order of the court for every day a person is 26 incarcerated for nonpayment of a fine or restitution. 27 * Sec. 60. AS 12.55.090(c) is amended to read: 28 (c) The period of probation, together with any extension, may not exceed 29 (1) 25 [15] years for a felony sex offense; or 30 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 31 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;
01 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 02 OR (2) OF THIS SUBSECTION; 03 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 04 (A) UNDER AS 11.41; 05 (B) THAT IS A CRIME INVOLVING DOMESTIC 06 VIOLENCE; OR 07 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 08 DEFINED IN AS 12.63.100; 09 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 10 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 11 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 12 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 13 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 14 THIS SUBSECTION]. 15 * Sec. 61. AS 12.55.090(g) is amended to read: 16 (g) A probation officer may [SHALL] recommend to the court that probation 17 be terminated and a defendant be discharged from probation if the defendant 18 (1) has completed at least 19 (A) two years on probation if the person was convicted of a 20 class A or class B felony that is not a crime under (4) [(5)] of this subsection; 21 or 22 (B) 18 months on probation if the person was convicted of a 23 crime that is not a crime 24 (i) under (A) of this paragraph; or 25 (ii) under (5) of this subsection; 26 (2) has completed all treatment programs required as a condition of 27 probation; 28 (3) [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS 29 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF 30 THIS SUBSECTION; 31 (4)] is currently in compliance with all conditions of probation for all
01 of the cases for which the person is on probation; and 02 (4) [(5)] has not been convicted of an unclassified felony offense, a 03 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as 04 defined in AS 18.66.990. 05 * Sec. 62. AS 12.55.125(c) is amended to read: 06 (c) Except as provided in (i) of this section, a defendant convicted of a class A 07 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 08 and shall be sentenced to a definite term within the following presumptive ranges, 09 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10 (1) if the offense is a first felony conviction and does not involve 11 circumstances described in (2) of this subsection, four [THREE] to seven [SIX] years; 12 (2) if the offense is a first felony conviction 13 (A) and the defendant 14 [(A)] possessed a firearm, used a dangerous instrument, or 15 caused serious physical injury or death during the commission of the offense, 16 [FIVE TO NINE YEARS;] or 17 [(B)] knowingly directed the conduct constituting the offense at 18 a uniformed or otherwise clearly identified peace officer, firefighter, 19 correctional employee, emergency medical technician, paramedic, ambulance 20 attendant, or other emergency responder who was engaged in the performance 21 of official duties at the time of the offense, seven to 11 years; 22 (B) and the conviction is for manufacturing related to 23 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 24 (i) the manufacturing occurred in a building with 25 reckless disregard that the building was used as a permanent or 26 temporary home or place of lodging for one or more children 27 under 18 years of age or the building was a place frequented by 28 children; or 29 (ii) in the course of manufacturing or in preparation 30 for manufacturing, the defendant obtained the assistance of one or 31 more children under 18 years of age or one or more children were
01 present; 02 (3) if the offense is a second felony conviction, nine [EIGHT] to 13 03 [12] years; 04 (4) if the offense is a third felony conviction and the defendant is not 05 subject to sentencing under (l) of this section, 14 [13] to 20 years. 06 * Sec. 63. AS 12.55.125(d) is amended to read: 07 (d) Except as provided in (i) of this section, a defendant convicted of a class B 08 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 09 and shall be sentenced to a definite term within the following presumptive ranges, 10 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 13 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 14 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 15 probation under AS 12.55.086, the defendant is required to serve an active term 16 of imprisonment within the range specified in this paragraph, unless the court 17 finds that a mitigation factor under AS 12.55.155 applies; 18 (2) if the offense is a first felony conviction, 19 (A) the defendant violated AS 11.41.130, and the victim was 20 [(A)] a child under 16 years of age, two to four years; [OR] 21 (B) two to four years if the conviction is for attempt, 22 solicitation, or conspiracy to manufacture related to methamphetamine 23 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 24 (i) the attempted manufacturing occurred, or the 25 solicited or conspired offense was to have occurred, in a building 26 with reckless disregard that the building was used as a permanent 27 or temporary home or place of lodging for one or more children 28 under 18 years of age or the building was a place frequented by 29 children; or 30 (ii) in the course of an attempt to manufacture, the 31 defendant obtained the assistance of one or more children under 18
01 years of age or one or more children were present [WAS 16 YEARS 02 OF AGE OR OLDER, ONE TO THREE YEARS]; 03 (3) if the offense is a second felony conviction, two to six [FIVE] 04 years; 05 (4) if the offense is a third felony conviction, five [FOUR] to 10 years. 06 * Sec. 64. AS 12.55.125(i) is amended to read: 07 (i) A defendant convicted of 08 (1) sexual assault in the first degree, sexual abuse of a minor in the 09 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 10 sentenced to a definite term of imprisonment of not more than 99 years and shall be 11 sentenced to a definite term within the following presumptive ranges, subject to 12 adjustment as provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, the offense does 14 not involve circumstances described in (B) of this paragraph, and the victim 15 was 16 (i) less than 13 years of age, 25 to 35 years; 17 (ii) 13 years of age or older, 20 to 30 years; 18 (B) if the offense is a first felony conviction and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 30 to 40 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 35 to 45 years; 25 (E) if the offense is a third felony conviction and the defendant 26 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 27 to 60 years; 28 (F) if the offense is a third felony conviction, the defendant is 29 not subject to sentencing under (l) of this section, and the defendant has two 30 prior convictions for sexual felonies, 99 years; 31 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2),
01 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 02 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 03 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 04 sentenced to a definite term of imprisonment of not more than 99 years and shall be 05 sentenced to a definite term within the following presumptive ranges, subject to 06 adjustment as provided in AS 12.55.155 - 12.55.175: 07 (A) if the offense is a first felony conviction, the offense does 08 not involve circumstances described in (B) of this paragraph, and the victim 09 was 10 (i) under 13 years of age, 20 to 30 years; 11 (ii) 13 years of age or older, 15 to 30 years; 12 (B) if the offense is a first felony conviction and the defendant 13 possessed a firearm, used a dangerous instrument, or caused serious physical 14 injury during the commission of the offense, 25 to 35 years; 15 (C) if the offense is a second felony conviction and does not 16 involve circumstances described in (D) of this paragraph, 25 to 35 years; 17 (D) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 30 to 40 years; 19 (E) if the offense is a third felony conviction, the offense does 20 not involve circumstances described in (F) of this paragraph, and the defendant 21 is not subject to sentencing under (l) of this section, 35 to 50 years; 22 (F) if the offense is a third felony conviction, the defendant is 23 not subject to sentencing under (l) of this section, and the defendant has two 24 prior convictions for sexual felonies, 99 years; 25 (3) sexual assault in the second degree, sexual abuse of a minor in the 26 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful 27 exploitation of a minor under AS 11.41.455(c)(1), indecent viewing or production of 28 a picture under AS 11.61.123(f)(1), or distribution of child pornography under 29 AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more 30 than 99 years and shall be sentenced to a definite term within the following 31 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
01 (A) if the offense is a first felony conviction, five to 15 years; 02 (B) if the offense is a second felony conviction and does not 03 involve circumstances described in (C) of this paragraph, 10 to 25 years; 04 (C) if the offense is a second felony conviction and the 05 defendant has a prior conviction for a sexual felony, 15 to 30 years; 06 (D) if the offense is a third felony conviction and does not 07 involve circumstances described in (E) of this paragraph, 20 to 35 years; 08 (E) if the offense is a third felony conviction and the defendant 09 has two prior convictions for sexual felonies, 99 years; 10 (4) sexual assault in the third degree, sexual abuse of a minor in the 11 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree, 12 indecent viewing or production of a picture under AS 11.61.123(f)(2), possession 13 of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or 14 attempt, conspiracy, or solicitation to commit sexual assault in the second degree, 15 sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or 16 distribution of child pornography, may be sentenced to a definite term of 17 imprisonment of not more than 99 years and shall be sentenced to a definite term 18 within the following presumptive ranges, subject to adjustment as provided in 19 AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, two to 12 years; 21 (B) if the offense is a second felony conviction and does not 22 involve circumstances described in (C) of this paragraph, eight to 15 years; 23 (C) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 12 to 20 years; 25 (D) if the offense is a third felony conviction and does not 26 involve circumstances described in (E) of this paragraph, 15 to 25 years; 27 (E) if the offense is a third felony conviction and the defendant 28 has two prior convictions for sexual felonies, 99 years. 29 * Sec. 65. AS 12.55.125(q) is amended to read: 30 (q) Other than for convictions subject to a mandatory 99-year sentence, the 31 court shall impose, in addition to an active term of imprisonment imposed under (i) of
01 this section, a minimum period of (1) suspended imprisonment of five years and a 02 minimum period of probation supervision of 15 years for conviction of an unclassified 03 felony, (2) suspended imprisonment of three years and a minimum period of probation 04 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 05 imprisonment of two years and a minimum period of probation supervision of five 06 years for conviction of a class C felony. The period of probation is in addition to any 07 sentence received under (i) of this section and may not be suspended or reduced. 08 Upon a defendant's release from confinement in a correctional facility, the 09 defendant is subject to the probation requirement under this subsection and shall 10 submit and comply with the terms and requirements of the probation. 11 * Sec. 66. AS 12.55.135(a) is amended to read: 12 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 13 definite term of imprisonment of not more than 14 [(1)] one year [, IF THE 15 (A) CONVICTION IS FOR A CRIME WITH A 16 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 17 IMPRISONMENT; 18 (B) TRIER OF FACT FINDS THE AGGRAVATING 19 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 20 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 21 DEFINITION OF THE OFFENSE; 22 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 23 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 24 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 25 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 26 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 27 DEGREE UNDER AS 11.41.230; OR 28 (E) CONVICTION IS FOR A VIOLATION OF 29 (i) AS 11.41.427; 30 (ii) AS 11.41.440; 31 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE
01 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 02 (iv) AS 11.61.116(c)(2); OR 03 (v) AS 11.61.118(a)(2); 04 (2) 30 DAYS]. 05 * Sec. 67. AS 12.55.135(b) is amended to read: 06 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 07 definite term of imprisonment of not more than 08 (1) 30 [10] days unless otherwise specified in the provision of law 09 defining the offense or in this section; 10 (2) 90 days if the conviction is for a violation of 11 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 12 older; [OR] 13 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 14 older; or 15 (C) AS 11.61.220(a)(4)(B) or (C); or 16 (3) five days if the conviction is for a violation of AS 11.56.757. 17 * Sec. 68. AS 12.55.145(a) is amended to read: 18 (a) For purposes of considering prior convictions in imposing sentence under 19 (1) AS 12.55.125(c), (d), or (e), 20 (A) a prior conviction may not be considered if a period of 10 21 or more years has elapsed between the date of the defendant's unconditional 22 discharge on the immediately preceding offense and commission of the present 23 offense unless the prior conviction was for an unclassified or class A felony; 24 (B) a conviction in this or another jurisdiction of an offense 25 having elements similar to those of a felony defined as such under Alaska law 26 at the time the offense was committed is considered a prior felony conviction; 27 (C) two or more convictions arising out of a single, continuous 28 criminal episode during which there was no substantial change in the nature of 29 the criminal objective are considered a single conviction unless the defendant 30 was sentenced to consecutive sentences for the crimes; offenses committed 31 while attempting to escape or avoid detection or apprehension after the
01 commission of another offense are not part of the same criminal episode or 02 objective; 03 (2) AS 12.55.125(l), 04 (A) a conviction in this or another jurisdiction of an offense 05 having elements similar to those of a most serious felony is considered a prior 06 most serious felony conviction; 07 (B) commission of and conviction for offenses relied on as 08 prior most serious felony offenses must occur in the following order: 09 conviction for the first offense must occur before commission of the second 10 offense, and conviction for the second offense must occur before commission 11 of the offense for which the defendant is being sentenced; 12 (3) AS 12.55.135(g), 13 (A) a prior conviction may not be considered if a period of five 14 or more years has elapsed between the date of the defendant's unconditional 15 discharge on the immediately preceding offense and commission of the present 16 offense unless the prior conviction was for an unclassified or class A felony; 17 (B) a conviction in this or another jurisdiction of an offense 18 having elements similar to those of a crime against a person or a crime 19 involving domestic violence is considered a prior conviction; 20 (C) two or more convictions arising out of a single, continuous 21 criminal episode during which there was no substantial change in the nature of 22 the criminal objective are considered a single conviction unless the defendant 23 was sentenced to consecutive sentences for the crimes; offenses committed 24 while attempting to escape or avoid detection or apprehension after the 25 commission of another offense are not part of the same criminal episode or 26 objective; 27 (4) AS 12.55.125(i), 28 (A) a conviction in this or another jurisdiction of an offense 29 having elements similar to those of a sexual felony is a prior conviction for a 30 sexual felony; 31 (B) a felony conviction in another jurisdiction making it a
01 crime to commit any lewd and lascivious act on [UPON] a child under the age 02 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual 03 desires of the defendant or the victim is a prior conviction for a sexual felony; 04 (C) two or more convictions arising out of a single, continuous 05 criminal episode during which there was no substantial change in the nature of 06 the criminal objective are considered a single conviction unless the defendant 07 was sentenced to consecutive sentences for the crimes; offenses committed 08 while attempting to escape or avoid detection or apprehension after the 09 commission of another offense are not part of the same criminal episode or 10 objective; 11 (D) a conviction in this or another jurisdiction of an offense 12 having elements similar to those of a felony defined as such under Alaska 13 law at the time the offense was committed is considered a prior felony 14 conviction 15 [(5) AS 12.55.135(a), 16 (A) A PRIOR CONVICTION MAY NOT BE CONSIDERED 17 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN 18 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE 19 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION 20 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS 21 FOR AN UNCLASSIFIED OR CLASS A FELONY; 22 (B) A CONVICTION IN THIS OR ANOTHER 23 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO 24 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH 25 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS 26 COMMITTED IS CONSIDERED A PRIOR CONVICTION; 27 (C) TWO OR MORE CONVICTIONS ARISING OUT OF A 28 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE 29 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE 30 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION 31 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE
01 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE 02 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR 03 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE 04 ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE]. 05 * Sec. 69. AS 12.55.185(10) is amended to read: 06 (10) "most serious felony" means 07 (A) arson in the first degree, sex trafficking in the first degree 08 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 09 AS 11.41.452(e), or any unclassified or class A felony prescribed under 10 AS 11.41; or 11 (B) an attempt, or conspiracy to commit, or criminal 12 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 13 AS 11.41; 14 * Sec. 70. AS 12.55.185(16) is amended to read: 15 (16) "sexual felony" means sexual assault in the first degree, sexual 16 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 17 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 18 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 19 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 20 distribution of child pornography, sexual assault in the third degree, incest, indecent 21 exposure in the first degree, possession of child pornography, [ONLINE] enticement 22 of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes; 23 * Sec. 71. AS 12.63.010(d) is amended to read: 24 (d) A sex offender or child kidnapper required to register 25 (1) for 15 years under (a) of this section and AS 12.63.020 26 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 27 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 28 kidnapper's initial registration, provide written verification to the department, in the 29 manner required by the department, of the sex offender's or child kidnapper's address 30 and notice of any changes to the information previously provided under (b)(1) of this 31 section;
01 (2) for life under (a) of this section and AS 12.63.020 02 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 03 provide written verification to the department, in the manner required by the 04 department, of the sex offender's or child kidnapper's address and any changes to the 05 information previously provided under (b)(1) of this section. 06 * Sec. 72. AS 12.63.020 is amended to read: 07 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 08 register. (a) The duty of a sex offender or child kidnapper to comply with the 09 requirements of AS 12.63.010 is as follows: 10 (1) for a sex offender or child kidnapper, as that term is defined in 11 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 12 (A) [(1)] continues for the lifetime of a sex offender or child 13 kidnapper convicted of 14 (i) [(A)] one aggravated sex offense; or 15 (ii) [(B)] two or more sex offenses, two or more child 16 kidnappings, or one sex offense and one child kidnapping; for purposes 17 of this section, a person convicted of indecent exposure before a person 18 under 16 years of age under AS 11.41.460 more than two times has 19 been convicted of two or more sex offenses; 20 (B) [(2)] ends 15 years following the sex offender's or child 21 kidnapper's unconditional discharge from a conviction for a single sex offense 22 that is not an aggravated sex offense or for a single child kidnapping if the sex 23 offender or child kidnapper has supplied proof that is acceptable to the 24 department of the unconditional discharge; the registration period under this 25 subparagraph 26 (i) [PARAGRAPH (A)] is tolled for each year that a 27 sex offender or child kidnapper [(i)] fails to comply with the 28 requirements of this chapter or [; (ii)] is incarcerated for the offense or 29 kidnapping for which the offender or kidnapper is required to register 30 or for any other offense; 31 (ii) [(B)] may include the time a sex offender or child
01 kidnapper was absent from this state if the sex offender or child 02 kidnapper has complied with any sex offender or child kidnapper 03 registration requirements of the jurisdiction in which the offender or 04 kidnapper was located and if the sex offender or child kidnapper 05 provides the department with proof of the compliance while the sex 06 offender or child kidnapper was absent from this state; and 07 (iii) [(C)] continues for a sex offender or child 08 kidnapper who has not supplied proof acceptable to the department of 09 the offender's or kidnapper's unconditional discharge for the sex 10 offense or child kidnapping requiring registration; 11 (2) for a sex offender or child kidnapper, as that term is defined in 12 AS 12.63.100(6)(B), the duty continues for the period determined by the 13 department under (b) of this section. 14 (b) The department shall adopt, by regulation, 15 (1) procedures to notify a sex offender or child kidnapper 16 (A) who, on the registration form under AS 12.63.010, lists a 17 conviction for a sex offense or child kidnapping that is a violation of a former 18 law of this state or a law of another jurisdiction, of the duration of the 19 offender's or kidnapper's duty under (a) of this section for that sex offense or 20 child kidnapping; 21 (B) as that term is defined in AS 12.63.100(6)(B), of the 22 duration of the sex offender or child kidnapper's duty under (a) of this 23 section; in adopting regulations under this subparagraph, the department 24 shall 25 (i) consider the period of registration required in the 26 other jurisdiction; and 27 (ii) provide for tolling of the registration period if 28 the sex offender or child kidnapper fails to comply with the 29 requirements of this chapter or is incarcerated; 30 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 31 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply
01 proof acceptable to the department of unconditional discharge and the date it occurred. 02 * Sec. 73. AS 12.63.100(6) is amended to read: 03 (6) "sex offender or child kidnapper" means 04 (A) a person convicted of a sex offense or child kidnapping in 05 this state or another jurisdiction regardless of whether the conviction occurred 06 before, after, or on January 1, 1999; or 07 (B) a person charged and convicted as an adult of an 08 offense that requires registration as a sex offender or child kidnapper in 09 another jurisdiction; 10 * Sec. 74. AS 12.63.100(7) is amended to read: 11 (7) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 30 exposure is before a person under 16 years of age and the offender has 31 previously been convicted under AS 11.41.460 or AS 26.05.900(c);
01 (v) AS 11.61.125 - 11.61.128; 02 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 03 AS 26.05.900(b) if the person who was induced or caused to engage in 04 prostitution was under 20 years of age at the time of the offense; 05 (vii) former AS 11.15.120, former 11.15.134, or assault 06 with the intent to commit rape under former AS 11.15.160, former 07 AS 11.40.110, or former 11.40.200; 08 (viii) AS 11.61.118(a)(2) if the offender has a previous 09 conviction for that offense; 10 (ix) AS 11.66.100(a)(2) if the offender is subject to 11 punishment under AS 11.66.100(e); 12 (x) AS 26.05.890 if the person engaged in sexual 13 penetration or sexual contact with the victim; 14 (xi) AS 26.05.890 if, at the time of the offense, the 15 victim is under a duty to obey the lawful orders of the offender, 16 regardless of whether the offender is in the direct chain of command 17 over the victim; 18 (xii) AS 26.05.893 if the person engaged in sexual 19 penetration or sexual contact with the victim; 20 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 21 years of age at the time of the offense; [OR] 22 (xiv) AS 26.05.900 if, at the time of the offense, the 23 victim is under a duty to obey the lawful orders of the offender, 24 regardless of whether the offender is in the direct chain of command 25 over the victim; or 26 (xv) AS 11.61.123 if the offender is subject to 27 punishment under AS 11.61.123(f)(1) or (2); 28 (D) an offense, or an attempt, solicitation, or conspiracy to 29 commit an offense, under AS 26.05.935(b), or a similar law of another 30 jurisdiction, if the member of the militia commits one of the following 31 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform
01 Code of Military Justice): 02 (i) child pornography; or 03 (ii) pandering and prostitution if the person who is 04 induced, enticed, caused, or procured to engage in a sexual act is under 05 20 years of age at the time of the offense; or 06 (E) an offense in which the person is required to register as 07 a sex offender under the laws of another jurisdiction; 08 * Sec. 75. AS 28.15.291(b) is amended to read: 09 (b) Driving while license canceled, suspended, revoked, or in violation of a 10 limitation is 11 [(1)] a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF 12 THIS SECTION]; upon conviction, the court shall impose a minimum sentence of 13 imprisonment of not less than 10 days 14 (1) [(A)] with 10 days suspended if the person has not been previously 15 convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or 16 (2) [(B)] if the person has been previously convicted under (a) [(a)(1)] 17 of this section or a similar law in another jurisdiction [; 18 (2) AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3) 19 OF THIS SECTION]. 20 * Sec. 76. AS 28.35.030(o) is amended to read: 21 (o) Upon request, the department shall review a driver's license revocation 22 imposed under (n)(3) of this section and, unless the revocation was ordered in a 23 case in which the person was also convicted of a crime under AS 11.41.100 - 24 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, 25 (1) may restore the driver's license if 26 (A) the license has been revoked for a period of at least 10 27 years; 28 (B) the person has not been convicted of a [DRIVING- 29 RELATED] criminal offense in the 10 years preceding the request for 30 restoration of [SINCE] the license [WAS REVOKED]; and 31 (C) the person provides proof of financial responsibility;
01 (2) shall restore the driver's license if 02 (A) the person has been granted limited license privileges 03 under AS 28.15.201(g) and has successfully driven under that limited license 04 for three years without having the limited license privileges revoked; 05 (B) the person has successfully completed a court-ordered 06 treatment program under AS 28.35.028 or a rehabilitative treatment program 07 under AS 28.15.201(h); 08 (C) the person has not been convicted of a violation of 09 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 10 jurisdiction since the license was revoked; 11 (D) the person is otherwise eligible to have the person's driving 12 privileges restored as provided in AS 28.15.211; in an application under this 13 subsection, a person whose license was revoked for a violation of 14 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 15 required under AS 28.35.030(h) or 28.35.032(l); and 16 (E) the person provides proof of financial responsibility. 17 * Sec. 77. AS 28.35.032(q) is amended to read: 18 (q) Upon request, the department shall review a driver's license revocation 19 imposed under (p)(3) of this section and, unless the revocation was ordered in a 20 case in which the person was also convicted of a crime under AS 11.41.100 - 21 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may 22 restore the driver's license if 23 (1) the license has been revoked for a period of at least 10 years; 24 (2) the person has not been convicted of a criminal offense in the 10 25 years preceding the request for restoration of [SINCE] the license [WAS 26 REVOKED]; and 27 (3) the person provides proof of financial responsibility. 28 * Sec. 78. AS 33.05.020(h) is amended to read: 29 (h) The commissioner shall establish by regulation a program that entitles a 30 probationer to a deduction of one-third of the period of probation, rounded off to 31 the nearest day, for compliance [ALLOWING PROBATIONERS TO EARN
01 CREDITS FOR COMPLYING] with the conditions of probation and for loss of the 02 deduction for noncompliance with the conditions [THE CREDITS EARNED 03 REDUCE THE PERIOD OF PROBATION]. Nothing in this subsection prohibits the 04 department from recommending to the court the early discharge of the probationer as 05 provided in AS 33.30. At a minimum, the regulations must 06 (1) [REQUIRE THAT A PROBATIONER EARN A CREDIT OF 30 07 DAYS FOR EACH 30-DAY PERIOD SERVED IN WHICH THE DEFENDANT 08 COMPLIED WITH THE CONDITIONS OF PROBATION; 09 (2)] include policies and procedures for 10 (A) calculating and tracking credits earned by probationers; 11 (B) reducing the probationer's period of probation based on the 12 probationer's compliance with the conditions of probation [CREDITS 13 EARNED BY THE PROBATIONER]; and 14 (C) notifying a victim under AS 33.30.013; 15 (2) [(3)] require that a probationer convicted of a [SEX OFFENSE AS 16 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in 17 as 18.66.990 complete all treatment programs required as a condition of probation 18 before discharge based on credits earned under this subsection. 19 * Sec. 79. AS 33.05.020 is amended by adding new subsections to read: 20 (i) A probationer may not be enrolled in the program established under (h) of 21 this section if the probationer is on probation for 22 (1) an unclassified felony; 23 (2) a sex offense as defined in AS 12.63.100; 24 (3) a felony crime against a person under AS 11.41; 25 (4) a crime involving domestic violence, as defined in AS 18.66.990, 26 that is an offense under AS 11.41. 27 (j) The commissioner shall establish by regulation a program that determines a 28 pretrial risk assessment score for all defendants detained in custody in a correctional 29 facility following arrest and for any defendant for whom the prosecution requests to 30 have a pretrial risk assessment at the next hearing or arraignment. 31 (k) In establishing the program under (j) of this section, the commissioner
01 shall approve a risk assessment instrument that is objective, standardized, and 02 developed based on analysis of empirical data and risk factors relevant to pretrial 03 failure, that evaluates the likelihood of an offender's failure to appear in court and the 04 likelihood of an offender's rearrest during the pretrial period, and that is validated on 05 the state's pretrial population. The commissioner shall periodically reassess the risk 06 assessment instrument for its effectiveness in determining the likelihood of an 07 offender's failure to appear in court or rearrest during the pretrial period. 08 * Sec. 80. AS 33.05.040(a) is amended to read: 09 (a) A probation officer shall 10 (1) furnish to each probationer under the supervision of the officer a 11 written statement of the conditions of probation and shall instruct the probationer 12 regarding the same; 13 (2) keep informed concerning the conduct and condition of each 14 probationer under the supervision of the officer and shall report on the probationer to 15 the court placing that person on probation; 16 (3) use all suitable methods, not inconsistent with the conditions 17 imposed by the court, to aid probationers and to bring about improvements in their 18 conduct and condition; 19 (4) keep records of the probation work, including administrative 20 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 21 accurate and complete accounts of all money collected from persons under the 22 supervision of the officer, give receipts for money collected and make at least monthly 23 returns of it, make the reports to the court and the commissioner required by them, and 24 perform other duties the court may direct; 25 (5) perform duties with respect to persons on parole as the 26 commissioner shall request, and in that service shall be termed a parole officer; 27 (6) use administrative sanctions and incentives developed under 28 AS 33.05.020(g) to respond to a probationer's negative and positive behavior, 29 including responses to technical violations of conditions of probation, in a way that is 30 intended to interrupt negative behavior in a swift, certain, and proportional manner 31 and support progress with a recognition of positive behavior;
01 (7) upon determining that a probationer under the supervision of the 02 officer meets the requirements of AS 12.55.090(g), consider recommending 03 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 04 terminated and the probationer be discharged from probation; 05 (8) for each probationer who owes restitution and who is under the 06 supervision of the officer, create a restitution payment schedule based on the 07 probationer's income and ability to pay if the court has not already set a restitution 08 payment schedule; 09 (9) accommodate the diligent efforts of each probationer to secure and 10 maintain steady employment or to participate in educational courses or training 11 programs when prescribing the times at which a probationer shall report; 12 (10) permit each probationer to travel in the state to make diligent 13 efforts to secure and maintain steady employment or to participate in educational 14 courses or training programs if the travel is not inconsistent with other terms and 15 conditions of probation; 16 (11) report on the probationer by making a recommendation to 17 the court to revoke probation or to maintain existing probation conditions when 18 a petition to revoke probation is filed. 19 * Sec. 81. AS 33.16.060(a) is amended to read: 20 (a) The board shall 21 (1) serve as the parole authority for the state; 22 (2) upon receiving a prisoner's application, consider the suitability 23 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary 24 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF 25 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] 26 special medical parole; 27 (3) impose parole conditions on all prisoners released under special 28 medical, discretionary, or mandatory parole; 29 (4) under AS 33.16.210, discharge a person from parole when custody 30 is no longer required; 31 (5) maintain records of the meetings and proceedings of the board;
01 (6) recommend to the governor and the legislature changes in the law 02 administered by the board; 03 (7) recommend to the governor or the commissioner changes in the 04 practices of the department and of other departments of the executive branch 05 necessary to facilitate the purposes and practices of parole; 06 (8) upon request of the governor, review and recommend applicants 07 for executive clemency; and 08 (9) execute other responsibilities prescribed by law. 09 * Sec. 82. AS 33.16.090(a) is amended to read: 10 (a) A prisoner sentenced to an active term of imprisonment of at least 181 11 days may, in the discretion of the board, be released on discretionary parole if the 12 prisoner 13 (1) has served the amount of time specified under (b) of this section, 14 except that 15 (A) a prisoner sentenced to one or more mandatory 99-year 16 terms under AS 12.55.125(a) or one or more definite terms under 17 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 18 (B) a prisoner is not eligible for consideration of discretionary 19 parole if made ineligible by order of a court under AS 12.55.115; 20 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 21 for discretionary parole unless the actual term of imprisonment is more than 22 one year; 23 (D) a prisoner sentenced to a single sentence within or 24 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) 25 and (4), or (i) who has not been allowed by the three-judge panel under 26 AS 12.55.175 to be considered for discretionary parole release is not 27 eligible for consideration of discretionary parole; 28 (E) a prisoner sentenced to a single sentence, including a 29 consecutive or partially consecutive sentence, that is not eligible for a good 30 time deduction under AS 33.20.010(a)(3) and that has not been allowed by 31 the three-judge panel under AS 12.55.175 to be considered for
01 discretionary parole release is not eligible for consideration of 02 discretionary parole; or 03 (2) is at least 60 years of age, has served at least 10 years of a sentence 04 for one or more crimes in a single judgment, and has not been convicted of an 05 unclassified felony or a sexual felony as defined in AS 12.55.185. 06 * Sec. 83. AS 33.16.090(b) is amended to read: 07 (b) A prisoner eligible under (a)(1) of this section who is sentenced 08 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 09 released on discretionary parole until the prisoner has served the mandatory minimum 10 term under AS 12.55.125(a) or (b), one-half [ONE-THIRD] of the active term of 11 imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest; 12 (2) to a single sentence within or below a presumptive range set out in 13 AS 12.55.125(i)(1) and (2), and has not been allowed by the three-judge panel under 14 AS 12.55.175 to be considered for discretionary parole release, may not be released on 15 discretionary parole until the prisoner has served the term imposed, less good time 16 earned under AS 33.20.010; 17 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 18 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 19 AS 12.55.175 to be considered for discretionary parole release during the second half 20 of the sentence, may not be released on discretionary parole until 21 (A) the prisoner has served that portion of the active term of 22 imprisonment required by the three-judge panel; and 23 (B) in addition to the factors set out in AS 33.16.100(a), the 24 board determines that 25 (i) the prisoner has successfully completed all 26 rehabilitation programs ordered by the three-judge panel that were 27 made available to the prisoner; and 28 (ii) the prisoner would not constitute a danger to the 29 public if released on parole; 30 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 31 the applicable presumptive range may not be released on discretionary parole until the
01 prisoner has served the greater of the following: 02 (A) an amount of time, less good time earned under 03 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 04 of the amount of time above the presumptive range; or 05 (B) any term set under AS 12.55.115; 06 (5) to a single sentence under any other provision of law may not be 07 released on discretionary parole until the prisoner has served at least one-fourth of the 08 active term of imprisonment, any mandatory minimum sentence imposed under any 09 provision of law, or any term set under AS 12.55.115, whichever is greatest; 10 (6) to concurrent sentences may not be released on discretionary parole 11 until the prisoner has served the greatest of 12 (A) any mandatory minimum sentence or sentences imposed 13 under any provision of law; 14 (B) any term set under AS 12.55.115; or 15 (C) the amount of time that is required to be served under (1) - 16 (5) or (8) of this subsection for the sentence imposed for the primary crime, 17 had that been the only sentence imposed; 18 (7) to consecutive or partially consecutive sentences may not be 19 released on discretionary parole until the prisoner has served the greatest of 20 (A) the composite total of any mandatory minimum sentence or 21 sentences imposed under any provision of law, including AS 12.55.127; 22 (B) any term set under AS 12.55.115; or 23 (C) the amount of time that is required to be served under (1) - 24 (5) or (8) of this subsection for the sentence imposed for the primary crime, 25 had that been the only sentence imposed, plus one-quarter of the composite 26 total of the active term of imprisonment imposed as consecutive or partially 27 consecutive sentences imposed for all crimes other than the primary crime; 28 (8) to a single sentence under AS 12.55.125(d) for an offense under 29 AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by 30 the three-judge panel under AS 12.55.175 to be considered for discretionary parole 31 release, may not be released on discretionary parole until the prisoner has served [,
01 AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one- 02 half of the active term of imprisonment imposed. 03 * Sec. 84. AS 33.16.100(a) is amended to read: 04 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 05 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 06 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 07 exists that 08 (1) the prisoner will live and remain at liberty without violating any 09 laws or conditions imposed by the board; 10 (2) the prisoner's rehabilitation and reintegration into society will be 11 furthered by release on parole; 12 (3) the prisoner will not pose a threat of harm to the public if released 13 on parole; and 14 (4) release of the prisoner on parole would not diminish the 15 seriousness of the crime. 16 * Sec. 85. AS 33.16.100 is amended by adding a new subsection to read: 17 (h) If the board considers an application for discretionary parole and denies 18 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 19 board may make the prisoner ineligible for further consideration of discretionary 20 parole or require that additional time be served before the prisoner is again eligible for 21 consideration for discretionary parole. 22 * Sec. 86. AS 33.16.130(a) is repealed and reenacted to read: 23 (a) A prisoner eligible for discretionary parole may apply to the board for 24 discretionary parole. As part of the application for parole, the prisoner shall submit to 25 the board a parole release plan that includes information concerning the prisoner's plan 26 for employment, residence, and rehabilitation if released on parole. 27 * Sec. 87. AS 33.16.130(b) is amended to read: 28 (b) Before the board determines a prisoner's suitability for discretionary 29 parole, the prisoner is entitled to a hearing before the board. The 30 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH 31 TO THE] prisoner shall be furnished a copy of the preparole reports listed in
01 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the 02 board will consider in making its decision except those that are made confidential by 03 law. The prisoner may also respond in writing to all materials the board considers, be 04 present at the hearing, and present evidence to the board. 05 * Sec. 88. AS 33.16.210(c) is amended to read: 06 (c) A parole officer may [SHALL] recommend to the board early discharge 07 for a parolee who 08 (1) has completed at least one year on parole; 09 (2) has completed all treatment programs required as a condition of 10 parole; 11 (3) is currently in compliance with all conditions of parole for all 12 of the cases for which the person is on parole and has not been found in violation of 13 conditions of parole by the board for at least one year; and 14 (4) has not been convicted of 15 (A) an unclassified felony offense under AS 11; 16 (B) a sexual felony as defined in AS 12.55.185; or 17 (C) a crime involving domestic violence as defined in 18 AS 18.66.990. 19 * Sec. 89. AS 33.16.220(b) is amended to read: 20 (b) Except as provided in (e) of this section, within 15 working days after the 21 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 22 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 23 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 24 designee shall determine if there is probable cause to believe that the parolee violated 25 the conditions of parole and, when probable cause exists, whether the parolee should 26 be released pending a final revocation hearing. A finding of probable cause at a 27 preliminary hearing in a criminal case is conclusive proof of probable cause that a 28 parole violation occurred. 29 * Sec. 90. AS 33.16.220(i) is amended to read: 30 (i) If, after the final revocation hearing, the board finds that the parolee has 31 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or
01 ordinance, the board may revoke all or a portion of the remaining period of parole 02 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 03 of parole. A parolee's period of parole is tolled from the date of filing with the parole 04 board of a violation report until the date of the final revocation hearing [FOR 05 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 06 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 07 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 08 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 09 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 10 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 11 TOLLED AS DESCRIBED IN THIS SECTION]. 12 * Sec. 91. AS 33.16.270 is amended to read: 13 Sec. 33.16.270. Compliance [EARNED COMPLIANCE] credits. The 14 commissioner shall establish by regulation a program that entitles a parolee to a 15 deduction of one-third of the period of parole, rounded off to the nearest day, for 16 compliance [ALLOWING PAROLEES TO EARN CREDITS FOR COMPLYING] 17 with the conditions of parole and for loss of the deduction for noncompliance with 18 the conditions [THE EARNED COMPLIANCE CREDITS REDUCE THE PERIOD 19 OF PAROLE]. Nothing in this section prohibits the department from recommending 20 to the board the early discharge of the parolee as provided in this chapter. At a 21 minimum, the regulations must 22 (1) [REQUIRE THAT A PAROLEE EARN A CREDIT OF 30 DAYS 23 FOR EACH 30-DAY PERIOD SERVED IN WHICH THE PAROLEE COMPLIED 24 WITH THE CONDITIONS OF PAROLE; 25 (2)] include policies and procedures for 26 (A) calculating and tracking credits earned by parolees; 27 (B) reducing the parolee's period of parole based on the 28 parolee's compliance with the conditions of parole; [CREDITS EARNED 29 BY THE PAROLEE] and 30 (C) notifying a victim under AS 33.30.013; 31 (2) [(3)] require that a parolee convicted of a [SEX OFFENSE AS
01 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence, as defined in 02 AS 18.66.990, complete all treatment programs required as a condition of parole 03 before discharge based on credits earned under this section. 04 * Sec. 92. AS 33.16.270 is amended by adding a new subsection to read: 05 (b) A parolee may not earn credits under (a) of this section if the parolee is on 06 parole for 07 (1) an unclassified felony; 08 (2) a sex offense as defined in AS 12.63.100; 09 (3) a felony crime against a person under AS 11.41; 10 (4) a crime involving domestic violence, as defined in AS 18.66.990, 11 that is an offense under AS 11.41. 12 * Sec. 93. AS 33.30.011(a) is amended to read: 13 (a) The commissioner shall 14 (1) establish, maintain, operate, and control correctional facilities 15 suitable for the custody, care, and discipline of persons charged or convicted of 16 offenses against the state or held under authority of state law; each correctional facility 17 operated by the state shall be established, maintained, operated, and controlled in a 18 manner that is consistent with AS 33.30.015; 19 (2) classify prisoners; 20 (3) for persons committed to the custody of the commissioner, 21 establish programs, including furlough programs that are reasonably calculated to 22 (A) protect the public and the victims of crimes committed by 23 prisoners; 24 (B) maintain health; 25 (C) create or improve occupational skills; 26 (D) enhance educational qualifications; 27 (E) support court-ordered restitution; and 28 (F) otherwise provide for the rehabilitation and reformation of 29 prisoners, facilitating their reintegration into society; 30 (4) provide necessary 31 (A) medical services for prisoners in correctional facilities or
01 who are committed by a court to the custody of the commissioner, including 02 examinations for communicable and infectious diseases; 03 (B) psychological or psychiatric treatment if a physician or 04 other health care provider, exercising ordinary skill and care at the time of 05 observation, concludes that 06 (i) a prisoner exhibits symptoms of a serious disease or 07 injury that is curable or may be substantially alleviated; and 08 (ii) the potential for harm to the prisoner by reason of 09 delay or denial of care is substantial; and 10 (C) assessment or screening of the risks and needs of offenders 11 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 12 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 13 disorder; 14 (5) establish minimum standards for sex offender treatment programs 15 offered to persons who are committed to the custody of the commissioner; 16 (6) provide for fingerprinting in correctional facilities in accordance 17 with AS 12.80.060; 18 (7) establish a program to conduct assessments of the risks and needs 19 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 20 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 21 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 22 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 23 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 24 requirement for an assessment before a prisoner's release on parole, furlough, or 25 electronic monitoring from a correctional facility; 26 (8) establish a procedure that provides for each prisoner required to 27 serve an active term of imprisonment of 90 [30] days or more a written case plan that 28 (A) takes effect and is provided to the prisoner within 90 days 29 after sentencing; 30 (B) is based on the results of the assessment of the prisoner's 31 risks and needs under (7) of this subsection;
01 (C) includes a requirement to follow the rules of the institution; 02 (D) is modified when necessary for changes in classification, 03 housing status, medical or mental health, and resource availability; 04 (E) includes participation in programming that addresses the 05 needs identified in the assessment; 06 (9) establish a program to begin reentry planning with each prisoner 07 serving an active term of imprisonment of 90 days or more; reentry planning must 08 begin at least 90 days before release on furlough or probation or parole; the reentry 09 program must include 10 (A) a written reentry plan for each prisoner completed upon 11 release on furlough or probation or parole that includes information on the 12 prisoner's proposed 13 (i) residence; 14 (ii) employment or alternative means of support; 15 (iii) treatment options; 16 (iv) counseling services; 17 (v) education or job training services; 18 (B) any other requirements for successful transition back to the 19 community, including electronic monitoring or furlough for the period between 20 a scheduled parole hearing and parole eligibility; 21 (C) coordination with the Department of Labor and Workforce 22 Development to provide access, after release, to job training and employment 23 assistance; and 24 (D) coordination with community reentry coalitions or 25 other providers of reentry services if available; 26 (10) for offenders under electronic monitoring, establish 27 (A) minimum standards for electronic monitoring, which may 28 include the requirement of active, real-time monitoring using global 29 positioning systems; and 30 (B) procedures for oversight and approving electronic 31 monitoring programs and systems provided by private contractors; [AND]
01 (11) assist a prisoner in obtaining a valid state identification card if the 02 prisoner does not have a valid state identification card before the prisoner's release; the 03 department shall pay the application fee for the identification card; and 04 (12) provide to the legislature, by electronic means, by January 10 05 preceding the first regular session of each legislature, a report summarizing the 06 findings and results of the program established under (7) of this subsection; the 07 report must include 08 (A) the number of prisoners who were provided with 09 written case plans under (8) of this subsection; 10 (B) the number of written case plans under (8) of this 11 subsection initiated within the preceding year; and 12 (C) the number of written case plans under (8) of this 13 subsection that were updated in the preceding year. 14 * Sec. 94. AS 34.03.360(7) is amended to read: 15 (7) "illegal activity involving a controlled substance" means a violation 16 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1), 17 (2), or (5); 18 * Sec. 95. AS 44.41 is amended by adding a new section to read: 19 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 20 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 21 (1) within 30 days after the agency collects the sexual assault 22 examination kit, send the sexual assault examination kit to an accredited laboratory in 23 coordination with the Department of Public Safety or a laboratory operated by the 24 Department of Public Safety; 25 (2) ensure that the laboratory to which the sexual assault examination 26 kit is sent under (1) of this subsection conducts a serological or DNA test on the 27 sexual assault examination kit within one year after the laboratory receives the sexual 28 assault examination kit; and 29 (3) within two weeks after the laboratory that receives the sexual 30 assault examination kit under (1) of this subsection completes serological or DNA 31 testing, make a reasonable effort to notify the victim from whom the sexual assault
01 examination kit was collected that the sexual assault examination kit has been tested. 02 (b) A criminal action may not be dismissed nor the evidence deemed 03 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 04 this section. 05 (c) If a case is resolved before a sexual assault examination kit is tested, a law 06 enforcement agency is not required to meet the time limits established in (a) of this 07 section. 08 (d) In this section, 09 (1) "law enforcement agency" and "agency" have the meaning given to 10 "law enforcement agency" in AS 12.36.090; 11 (2) "victim" has the meaning given in AS 11.41.470. 12 * Sec. 96. AS 44.41.070(a) is amended to read: 13 (a) By September 1 of each year, each law enforcement agency and state 14 department charged with the maintenance, storage, and preservation of sexual assault 15 examination kits shall conduct an inventory of untested sexual assault examination kits 16 and report, in writing, to the Department of Public Safety the number of untested 17 sexual assault examination kits in the possession of the agency or department, the 18 number of sexual assault examination kits that the law enforcement agency or 19 state department has determined are ineligible for testing under (e) of this 20 section, with the reason or reasons the untested sexual assault examination kits 21 were determined to be ineligible for testing, and the date on which each untested 22 sexual assault examination kit was collected. 23 * Sec. 97. AS 44.41.070(b) is amended to read: 24 (b) By November 1 of each year, the Department of Public Safety shall 25 prepare and transmit a report to the president of the senate and the speaker of the 26 house of representatives that contains 27 (1) the number of untested sexual assault examination kits stored by 28 each law enforcement agency or department and the number of sexual assault 29 examination kits that the law enforcement agency or state department has 30 determined are ineligible for testing under (e) of this section, with the reason or 31 reasons the untested sexual assault examination kits were determined to be
01 ineligible for testing; 02 (2) the date each untested sexual assault examination kit was collected; 03 and 04 (3) a plan for addressing the backlog and prevention of a backlog of 05 untested sexual assault examination kits. 06 * Sec. 98. AS 44.41.070 is amended by adding a new subsection to read: 07 (e) A sexual assault examination kit is ineligible for testing if the law 08 enforcement agency or state department finds that the sexual assault examination kit 09 (1) is scientifically unviable; 10 (2) does not meet eligibility requirements for inclusion in the 11 Combined DNA Index System database; or 12 (3) was collected from a person who wishes to remain anonymous. 13 * Sec. 99. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 16 Criminal Procedure, is amended to read: 17 (6) When a prior conviction is an element of an offense [IN A 18 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 19 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 20 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 21 Information Network or from other government agencies of prior convictions [OF 22 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 23 TEST] may be presented to the grand jury. 24 * Sec. 100. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of 27 Criminal Procedure, is amended to read: 28 (a) The Administrative Director of the Alaska Court System, after consultation 29 with the presiding judge, Public Defender Agency, and Attorney General's Office, 30 may enter into agreements with the Department of Public Safety and Department of 31 Corrections which approve systems allowing judges to provide for the appearance by a
01 defendant at certain criminal proceedings by way of contemporaneous two-way 02 video conference [TELEVISION] equipment in lieu of the physical presence of the 03 defendant in the courtroom. Such an agreement must provide for a procedure by which 04 the defendant may confer with the defendant's attorney in private. 05 * Sec. 101. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) In those court locations in which a contemporaneous two-way video 10 conference [TELEVISION] system has been approved by the supreme court and has 11 been installed, in custody defendants shall appear by way of contemporaneous two- 12 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary 13 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non- 14 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless 15 otherwise ordered for cause stated by the presiding judge. With the defendant's 16 consent, sentencings may be done by way of contemporaneous two-way video 17 conference [TELEVISION] in traffic and misdemeanor cases. The court may order 18 a defendant to appear by contemporaneous two-way video conference at any 19 other hearings. In any particular case, the trial court may order that the defendant be 20 transported to court for court proceedings if the trial judge finds that the defendant's 21 rights would be prejudiced by use of the system. 22 * Sec. 102. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); 23 AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7), 24 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11); AS 12.25.180(b)(3); 25 AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e), 12.55.110(f), 12.55.110(g), 26 12.55.110(h), 12.55.135(l), 12.55.135(n), 12.55.135(o), 12.55.135(p); AS 33.07.010, 27 33.07.020, 33.07.030, 33.07.040, 33.07.090; AS 33.16.100(f), 33.16.215, 33.16.220(j), 28 33.16.240(h); and AS 33.20.010 are repealed. 29 * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or
01 before January 10, 2020, the commissioner of corrections shall provide a report to the 02 legislature as described under AS 33.30.011(a)(12), enacted by sec. 93 of this Act. The 03 commissioner shall submit the report to the senate secretary and chief clerk of the house of 04 representatives and notify the legislature that the report is available. 05 * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections shall 08 develop a needs assessment of all rehabilitative services for each institution, including 09 education, treatment, vocational education, secular and faith-based, and pro-social programs. 10 On or before January 31, 2020, the Department of Corrections shall provide a written report 11 regarding the needs assessments to the senate secretary and chief clerk of the house of 12 representatives and notify the legislature that the report is available. 13 * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 14 to read: 15 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY 16 COMMITMENT. By December 31, 2020, the superior court shall transmit the information 17 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the 18 superior court issued on or after January 1, 1981, for the involuntary commitment of a person 19 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an 20 involuntary commitment or an adjudication of mental illness or mental incompetence granted 21 under AS 47.30.851(b). 22 * Sec. 106. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 APPLICABILITY. (a) The following sections apply to offenses committed on or after 25 the effective date of those sections: 26 (1) AS 11.41.110(a), as amended by sec. 2 of this Act; 27 (2) AS 11.41.150(a), as amended by sec. 3 of this Act; 28 (3) AS 11.41.432(b), as amended by sec. 4 of this Act; 29 (4) AS 11.41.432(d), enacted by sec. 5 of this Act; 30 (5) AS 11.41.438(b), as amended by sec. 6 of this Act; 31 (6) AS 11.41.438(c), enacted by sec. 7 of this Act;
01 (7) AS 11.41.452(a), as amended by sec. 8 of this Act; 02 (8) AS 11.41.452(d), as amended by sec. 9 of this Act; 03 (9) AS 11.41.452(e), as amended by sec. 10 of this Act; 04 (10) AS 11.46.130(a), as amended by sec. 11 of this Act; 05 (11) AS 11.46.140(a), as amended by sec. 12 of this Act; 06 (12) AS 11.46.150(a), as amended by sec. 13 of this Act; 07 (13) AS 11.46.220(c), as amended by sec. 14 of this Act; 08 (14) AS 11.46.260(b), as amended by sec. 15 of this Act; 09 (15) AS 11.46.270(b), as amended by sec. 16 of this Act; 10 (16) AS 11.46.280(d), as amended by sec. 17 of this Act; 11 (17) AS 11.46.285, as amended by sec. 18 of this Act; 12 (18) AS 11.46.295, as amended by sec. 19 of this Act; 13 (19) AS 11.46.360(a), as amended by sec. 20 of this Act; 14 (20) AS 11.46.370, enacted by sec. 21 of this Act; 15 (21) AS 11.46.482(a), as amended by sec. 22 of this Act; 16 (22) AS 11.46.484(a), as amended by sec. 23 of this Act; 17 (23) AS 11.46.486(a), as amended by sec. 24 of this Act; 18 (24) AS 11.46.530(b), as amended by sec. 25 of this Act; 19 (25) AS 11.46.620(d), as amended by sec. 26 of this Act; 20 (26) AS 11.46.730(c), as amended by sec. 27 of this Act; 21 (27) AS 11.46.980(e), enacted by sec. 28 of this Act; 22 (28) AS 11.56.310(a), as amended by sec. 29 of this Act; 23 (29) AS 11.56.320(a), as amended by sec. 30 of this Act; 24 (30) AS 11.56.730(a), as amended by sec. 31 of this Act; 25 (31) AS 11.56.730(d), as amended by sec. 32 of this Act; 26 (32) AS 11.56.757(b), as amended by sec. 33 of this Act; 27 (33) AS 11.56.810(a), as amended by sec. 34 of this Act; 28 (34) AS 11.61.123(a), as amended by sec. 35 of this Act; 29 (35) AS 11.61.123(c), as amended by sec. 36 of this Act; 30 (36) AS 11.61.123(d), as amended by sec. 37 of this Act; 31 (37) AS 11.61.123(f), as amended by sec. 38 of this Act;
01 (38) AS 11.61.123(g), as amended by sec. 39 of this Act; 02 (39) AS 11.61.124, enacted by sec. 40 of this Act; 03 (40) AS 11.71.021, enacted by sec. 41 of this Act; 04 (41) AS 11.71.030(a), as amended by sec. 42 of this Act; 05 (42) AS 11.71.030(d), as amended by sec. 43 of this Act; 06 (43) AS 11.71.040(a), as amended by sec. 44 of this Act; 07 (44) AS 11.71.040(d), as amended by sec. 45 of this Act; 08 (45) AS 11.71.050, as amended by sec. 46 of this Act; 09 (46) AS 11.71.060, as amended by sec. 47 of this Act; 10 (47) AS 11.71.311(a), as amended by sec. 48 of this Act; 11 (48) AS 12.55.150(a), as amended by sec. 49 of this Act; 12 (49) AS 12.30.006(b), as amended by sec. 50 of this Act; 13 (50) AS 12.30.006(c), as amended by sec. 51 of this Act; 14 (51) AS 12.30.006(d), as amended by sec. 52 of this Act; 15 (52) AS 12.30.006(f), as amended by sec. 53 of this Act; 16 (53) AS 12.30.011, as repealed and reenacted by sec. 54 of this Act; 17 (54) AS 12.30.021(a), as amended by sec. 55 of this Act; 18 (55) AS 12.30.021(c), as amended by sec. 56 of this Act; 19 (56) AS 28.15.291(b), as amended by sec. 75 of this Act; 20 (57) AS 28.35.030(o), as amended by sec. 76 of this Act; 21 (58) AS 28.35.032(q), as amended by sec. 77 of this Act. 22 (b) The following sections apply to sentences imposed on or after the effective date of 23 those sections for conduct occurring on or after the effective date of those sections: 24 (1) AS 12.55.025(c), as amended by sec. 57 of this Act; 25 (2) AS 12.55.027(g), as amended by sec. 58 of this Act; 26 (3) AS 12.55.051(a), as amended by sec. 59 of this Act; 27 (4) AS 12.55.125(c), as amended by sec. 62 of this Act; 28 (5) AS 12.55.125(d), as amended by sec. 63 of this Act; 29 (6) AS 12.55.125(i), as amended by sec. 64 of this Act; 30 (7) AS 12.55.125(q), as amended by sec. 65 of this Act; 31 (8) AS 12.55.135(a), as amended by sec. 66 of this Act;
01 (9) AS 12.55.135(b), as amended by sec. 67 of this Act; 02 (10) AS 12.55.145(a), as amended by sec. 68 of this Act; 03 (11) AS 12.55.185(10), as amended by sec. 69 of this Act; 04 (12) AS 12.55.185(16), as amended by sec. 70 of this Act; 05 (13) AS 33.16.090(a), as amended by sec. 82 of this Act; 06 (14) AS 33.16.090(b), as amended by sec. 83 of this Act; 07 (15) AS 33.30.011(a), as amended by sec. 93 of this Act. 08 (c) The following sections apply to the duty to register as a sex offender for offenses 09 committed on or after the effective date of those sections: 10 (1) AS 12.63.010(d), as amended by sec. 71 of this Act; 11 (2) AS 12.63.020, as amended by sec. 72 of this Act; 12 (3) AS 12.63.100(6), as amended by sec. 73 of this Act; 13 (4) AS 12.63.100(7), as amended by sec. 74 of this Act. 14 (d) The following sections apply to probation ordered on or after the effective date of 15 those sections for conduct occurring on or after the effective date of those sections: 16 (1) AS 12.55.090(c), as amended by sec. 60 of this Act; 17 (2) AS 12.55.090(g), as amended by sec. 61 of this Act; 18 (3) AS 33.05.020(h), as amended by sec. 78 of this Act; 19 (4) AS 33.05.020(i) and (j), enacted by sec. 79 of this Act; 20 (5) AS 33.05.040(a), as amended by sec. 80 of this Act. 21 (e) The following sections apply to parole ordered on or after the effective date of 22 those sections for conduct occurring on or after the effective date of those sections: 23 (1) AS 33.16.060(a), as amended by sec. 81 of this Act; 24 (2) AS 33.16.100(h), enacted by sec. 85 of this Act; 25 (3) AS 33.16.130(a), as repealed and reenacted by sec. 86 of this Act; 26 (4) AS 33.16.130(b), as amended by sec. 87 of this Act; 27 (5) AS 33.16.210(c), as amended by sec. 88 of this Act; 28 (6) AS 33.16.220(b), as amended by sec. 89 of this Act; 29 (7) AS 33.16.220(i), as amended by sec. 90 of this Act; 30 (8) AS 33.16.270, as amended by sec. 91 of this Act; 31 (9) AS 33.16.270(b), enacted by sec. 92 of this Act.
01 (f) AS 33.16.100(a), as amended by sec. 84 of this Act, applies to parole granted on or 02 after the effective date of sec. 84 of this Act for conduct occurring before, on, or after the 03 effective date of sec. 84 of this Act. 04 * Sec. 107. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 CONDITIONAL EFFECT. Sections 99 - 101 of this Act take effect only if secs. 99 - 07 101 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 08 Constitution of the State of Alaska. 09 * Sec. 108. Section 105 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 109. Sections 95 - 98 of this Act take effect January 1, 2020. 11 * Sec. 110. Except as provided in secs. 108 and 109 of this Act, this Act takes effect July 1, 12 2019.