SCS CSHB 49(FIN) am S: "An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; 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 the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S 01 "An Act relating to criminal law and procedure; relating to marriage as a defense to 02 certain crimes of sexual assault; establishing the crime of possession of motor vehicle 03 theft tools; relating to controlled substances; relating to electronic monitoring; 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 the automated victim notification system; relating to reporting child abuse or 07 neglect; relating to Alaska Native organizations; relating to the village public safety 08 officer program; relating to cancellation of a driver's license; relating to driving while 09 license canceled; relating to operating under the influence; relating to restoration of a 10 driver's license; relating to refusal to submit to a chemical test; relating to the use of 11 headlights; relating to the powers and duties of the commissioner of corrections; relating 12 to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of
01 sexual assault examination kits; relating to reports of involuntary commitment; 02 amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that 08 the Alaska Court System, the Department of Corrections, and the Department of Public Safety 09 make continued efforts to find efficiencies in the criminal justice system and increase the use 10 of contemporaneous two-way video conference for pretrial hearings whenever possible. 11 (b) When imposing a sentence, it is the intent of the legislature that the court may take 12 into consideration any good conduct and self-improvement efforts the defendant has made 13 while in pretrial status, including taking general education development, undergraduate, 14 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith- 15 based activities, and voluntary treatment programs. 16 (c) It is the intent of the legislature that the Department of Corrections develop a plan 17 to track and measure the effectiveness of evidence-based programs offered to offenders and 18 report its progress on the plan to both the House and Senate Judiciary Committees during the 19 Second Regular Session of the Thirty-First Alaska State Legislature. 20 (d) The legislature finds that the legislature did not intend, by enacting ch. 90, SLA 21 2003, and the legislature does not now intend by enacting this Act, to place a limitation on 22 which previous convictions may be considered when imposing a sentence under 23 AS 12.55.125(i), as amended by sec. 75 of this Act. 24 (e) It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 79 of 25 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d 26 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a 27 sentence under AS 12.55.125(i), as amended by sec. 75 of this Act, a prior felony conviction 28 should not be considered if 10 or more years has elapsed between the date of the defendant's 29 unconditional discharge on the immediately preceding offense and the date the defendant 30 committed the present offense unless the prior conviction was for an unclassified or class A
01 felony. 02 (f) It is the intent of the legislature that all prior felony convictions be considered 03 when imposing a sentence under AS 12.55.125(i), as amended by sec. 75 of this Act, 04 regardless of the amount of time that has passed since each conviction. 05 (g) The legislature finds that 06 (1) protecting the public from sex offenders serves a compelling governmental 07 interest, and that the release of certain information about sex offenders to public agencies and 08 the general public assists in protecting the public; 09 (2) a sex offender who is required to register as a sex offender in the state 10 where the person was convicted may relocate to this state for various reasons; 11 (3) the Alaska Supreme Court's narrow interpretation of the state's sex 12 offender registration requirements in its decision in State, Department of Public Safety v. 13 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex 14 offenders who may come to this state in that it requires a person to register as a sex offender 15 in this state only if that person has been convicted of an offense that is similar to a sex offense 16 as defined in AS 12.63.100, as amended by sec. 87 of this Act. 17 (h) It is the intent of the legislature to overturn State, Department of Public Safety v. 18 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender 19 required to register in another jurisdiction is not required to register in the state unless the 20 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as 21 amended by sec. 87 of this Act. Additionally, it is the intent of the legislature to give 22 reciprocity to other jurisdictions and require a sex offender who is physically present in the 23 state and is required to register as a sex offender in another jurisdiction to register as a sex 24 offender in the state regardless of whether the person's underlying conviction is similar to a 25 sex offense as defined in AS 12.63.100, as amended by sec. 87 of this Act. 26 (i) It is the intent of the legislature that the Department of Public Safety make 27 additional resources available to expand investigations of online exploitation of children. 28 * Sec. 2. AS 11.41.110(a) is amended to read: 29 (a) A person commits the crime of murder in the second degree if 30 (1) with intent to cause serious physical injury to another person or 31 knowing that the conduct is substantially certain to cause death or serious physical
01 injury to another person, the person causes the death of any person; 02 (2) the person knowingly engages in conduct that results in the death 03 of another person under circumstances manifesting an extreme indifference to the 04 value of human life; 05 (3) under circumstances not amounting to murder in the first degree 06 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 07 person commits or attempts to commit arson in the first degree, kidnapping, sexual 08 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 09 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 10 degree, escape in the first or second degree, robbery in any degree, or misconduct 11 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 12 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 13 and, in the course of or in furtherance of that crime or in immediate flight from that 14 crime, any person causes the death of a person other than one of the participants; 15 (4) acting with a criminal street gang, the person commits or attempts 16 to commit a crime that is a felony and, in the course of or in furtherance of that crime 17 or in immediate flight from that crime, any person causes the death of a person other 18 than one of the participants; or 19 (5) the person with criminal negligence causes the death of a child 20 under the age of 16, and the person has been previously convicted of a crime involving 21 a child under the age of 16 that was 22 (A) a felony violation of AS 11.41; 23 (B) in violation of a law or ordinance in another jurisdiction 24 with elements similar to a felony under AS 11.41; or 25 (C) an attempt, a solicitation, or a conspiracy to commit a 26 crime listed in (A) or (B) of this paragraph. 27 * Sec. 3. AS 11.41.150(a) is amended to read: 28 (a) A person commits the crime of murder of an unborn child if the person 29 (1) with intent to cause the death of an unborn child or of another 30 person, causes the death of an unborn child; 31 (2) with intent to cause serious physical injury to an unborn child or to
01 another person or knowing that the conduct is substantially certain to cause death or 02 serious physical injury to an unborn child or to another person, causes the death of an 03 unborn child; 04 (3) while acting alone or with one or more persons, commits or 05 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 06 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 07 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 08 first or second degree, robbery in any degree, or misconduct involving a controlled 09 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 10 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 11 in furtherance of that crime or in immediate flight from that crime, any person causes 12 the death of an unborn child; 13 (4) knowingly engages in conduct that results in the death of an unborn 14 child under circumstances manifesting an extreme indifference to the value of human 15 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 16 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 17 does not constitute conduct manifesting an extreme indifference to the value of human 18 life. 19 * Sec. 4. AS 11.41.420(a) is amended to read: 20 (a) An offender commits the crime of sexual assault in the second degree if 21 (1) the offender engages in sexual contact with another person without 22 consent of that person; 23 (2) the offender engages in sexual contact with a person 24 (A) who the offender knows is mentally incapable; and 25 (B) who is in the offender's care 26 (i) by authority of law; or 27 (ii) in a facility or program that is required by law to be 28 licensed by the state; 29 (3) the offender engages in sexual penetration with a person who [THE 30 OFFENDER KNOWS] is 31 (A) mentally incapable;
01 (B) incapacitated; or 02 (C) unaware that a sexual act is being committed; or 03 (4) the offender engages in sexual contact with a person who the 04 offender knows is unaware that a sexual act is being committed and 05 (A) the offender is a health care worker; and 06 (B) the offense takes place during the course of professional 07 treatment of the victim. 08 * Sec. 5. AS 11.41.425(a) is amended to read: 09 (a) An offender commits the crime of sexual assault in the third degree if the 10 offender 11 (1) engages in sexual contact with a person who [THE OFFENDER 12 KNOWS] is 13 (A) mentally incapable; 14 (B) incapacitated; or 15 (C) unaware that a sexual act is being committed; 16 (2) while employed in a state correctional facility or other placement 17 designated by the commissioner of corrections for the custody and care of prisoners, 18 engages in sexual penetration with a person who the offender knows is committed to 19 the custody of the Department of Corrections to serve a term of imprisonment or 20 period of temporary commitment; 21 (3) engages in sexual penetration with a person 18 or 19 years of age 22 who the offender knows is committed to the custody of the Department of Health and 23 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 24 the person; 25 (4) while employed in the state by a law enforcement agency as a 26 peace officer, or while acting as a peace officer in the state, engages in sexual 27 penetration with a person with reckless disregard that the person is in the custody or 28 the apparent custody of the offender, or is committed to the custody of a law 29 enforcement agency; 30 (5) while employed by the state or a municipality of the state as a 31 probation officer or parole officer, or while acting as a probation officer or parole
01 officer in the state, engages in sexual penetration with a person with reckless disregard 02 that the person is on probation or parole; or 03 (6) while employed as a juvenile probation officer or as a juvenile 04 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 05 reckless disregard that the person is committed to the custody or probationary 06 supervision of the Department of Health and Social Services. 07 * Sec. 6. AS 11.41.432(b) is amended to read: 08 (b) Except as provided in (d) or (e) [(a)] of this section, in a prosecution under 09 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the 10 victim was, at the time of the alleged offense, the legal spouse of the defendant. 11 * Sec. 7. AS 11.41.432(c) is amended to read: 12 (c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 13 11.41.427(a)(4) that 14 (1) the offender and the person on probation or parole had, before the 15 person was placed on probation or parole, a dating relationship or a sexual relationship 16 that [, AND THE RELATIONSHIP] continued until the date of the alleged offense; 17 and 18 (2) the person on probation or parole consented to the act for 19 which the offender is charged. 20 * Sec. 8. AS 11.41.432 is amended by adding new subsections to read: 21 (d) It is a defense to a crime charged under AS 11.41.425(a)(2) - (6) or 22 11.41.427 that the offender is married to the person, neither party has filed with the 23 court for separation, divorce, or dissolution of the marriage, and the person consented 24 to the act for which the offender was charged. 25 (e) It is an affirmative defense for a crime charged under AS 11.41.410(a)(3), 26 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is 27 married to the person, neither party has filed with the court for separation, divorce, or 28 dissolution of the marriage, and the person consented to the act for which the offender 29 is charged while capable of understanding the nature or consequences of the offender's 30 conduct. 31 * Sec. 9. AS 11.41.438(b) is amended to read:
01 (b) Except as provided in (c) of this section, sexual [SEXUAL] abuse of a 02 minor in the third degree is a class C felony, punishable as provided in 03 AS 12.55.125(e). 04 * Sec. 10. AS 11.41.438 is amended by adding a new subsection to read: 05 (c) Sexual abuse of a minor in the third degree is a class C felony, punishable 06 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years 07 younger than the offender. 08 * Sec. 11. AS 11.41.452(a) is amended to read: 09 (a) A person commits the crime of [ONLINE] enticement of a minor if the 10 person, being 18 years of age or older, knowingly communicates [USES A 11 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 12 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 13 (1) the other person is a child under 16 years of age; or 14 (2) the person believes that the other person is a child under 16 years 15 of age. 16 * Sec. 12. AS 11.41.452(d) is amended to read: 17 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 18 is a class B felony. 19 * Sec. 13. AS 11.41.452(e) is amended to read: 20 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 21 the defendant was, at the time of the offense, required to register as a sex offender or 22 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 23 * Sec. 14. AS 11.41.455(c) is amended to read: 24 (c) Unlawful exploitation of a minor is [A] 25 (1) a class A [CLASS B] felony; or 26 (2) an unclassified [CLASS A] felony if the 27 (A) person has been previously convicted of unlawful 28 exploitation of a minor in this jurisdiction or a similar crime in this or another 29 jurisdiction; or 30 (B) minor who is exploited is under 13 years of age at the 31 time the exploitation occurs.
01 * Sec. 15. AS 11.41.458 is amended to read: 02 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 03 commits the crime of indecent exposure in the first degree if the offender violates 04 AS 11.41.460(a) [, THE OFFENSE OCCURS WITHIN THE OBSERVATION OF A 05 PERSON UNDER 16 YEARS OF AGE], and 06 (1) while committing the act constituting the offense, the offender 07 knowingly masturbates; or 08 (2) the offender has been previously convicted under 09 (A) this section; 10 (B) AS 11.41.460(a); or 11 (C) a law or ordinance of this or another jurisdiction with 12 elements similar to a crime listed under (A) or (B) of this paragraph. 13 (b) Indecent exposure in the first degree 14 (1) is a class C felony; or 15 (2) is a class B felony if the offense occurs within the observation of 16 a person under 16 years of age. 17 * Sec. 16. AS 11.46.130(a) is amended to read: 18 (a) A person commits the crime of theft in the second degree if the person 19 commits theft as defined in AS 11.46.100 and 20 (1) the value of the property or services [, ADJUSTED FOR 21 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 22 $25,000; 23 (2) the property is a firearm or explosive; 24 (3) the property is taken from the person of another; 25 (4) the property is taken from a vessel and is vessel safety or survival 26 equipment; 27 (5) the property is taken from an aircraft and the property is aircraft 28 safety or survival equipment; 29 (6) the value of the property [, ADJUSTED FOR INFLATION AS 30 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 31 preceding five years, the person has been convicted and sentenced on two or more
01 separate occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; or 10 (7) the property is an access device or identification document. 11 * Sec. 17. AS 11.46.140(a) is amended to read: 12 (a) A person commits the crime of theft in the third degree if the person 13 commits theft as defined in AS 11.46.100 and 14 (1) the value of the property or services [, ADJUSTED FOR 15 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 16 or 17 (2) [REPEALED] 18 (3) [REPEALED] 19 (4) the value of the property is less than $250 and, within the preceding 20 five years, the person has been convicted and sentenced on three or more separate 21 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 22 offense under another law or ordinance with similar elements. 23 * Sec. 18. AS 11.46.150(a) is amended to read: 24 (a) A person commits the crime of theft in the fourth degree if the person 25 commits theft as defined in AS 11.46.100 and the value of the property or services [, 26 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 27 * Sec. 19. AS 11.46.220(c) is amended to read: 28 (c) Concealment of merchandise is 29 (1) a class C felony if 30 (A) the merchandise is a firearm; 31 (B) the value of the merchandise [, ADJUSTED FOR
01 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 02 (C) the value of the merchandise [, ADJUSTED FOR 03 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 04 $750 and, within the preceding five years, the person has been convicted and 05 sentenced on two or more separate occasions in this or another jurisdiction of 06 (i) the offense of concealment of merchandise under 07 this paragraph or (2)(A) of this subsection, or an offense under another 08 law or ordinance with similar elements; or 09 (ii) an offense under AS 11.46.120, 11.46.130, or 10 11.46.140(a)(1), or an offense under another law or ordinance with 11 similar elements; 12 (2) a class A misdemeanor if 13 (A) the value of the merchandise [, ADJUSTED FOR 14 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 15 $750; or 16 (B) [REPEALED] 17 (C) the value of the merchandise is less than $250 and, within 18 the preceding five years, the person has been convicted and sentenced on three 19 or more separate occasions of the offense of concealment of merchandise or 20 theft in any degree, or an offense under another law or ordinance with similar 21 elements; 22 (3) a class B misdemeanor if the value of the merchandise [, 23 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 24 * Sec. 20. AS 11.46.260(b) is amended to read: 25 (b) Removal of identification marks is 26 (1) a class C felony if the value of the property on which the serial 27 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $750 or more; 29 (2) a class A misdemeanor if the value of the property on which the 30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 31 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
01 (3) a class B misdemeanor if the value of the property on which the 02 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 03 PROVIDED IN AS 11.46.982,] is less than $250. 04 * Sec. 21. AS 11.46.270(b) is amended to read: 05 (b) Unlawful possession is 06 (1) a class C felony if the value of the property on which the serial 07 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 08 PROVIDED IN AS 11.46.982,] is $750 or more; 09 (2) a class A misdemeanor if the value of the property on which the 10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 11 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 12 (3) a class B misdemeanor if the value of the property on which the 13 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 14 PROVIDED IN AS 11.46.982,] is less than $250. 15 * Sec. 22. AS 11.46.280(d) is amended to read: 16 (d) Issuing a bad check is 17 (1) a class B felony if the face amount of the check is $25,000 or more; 18 (2) a class C felony if the face amount of the check [, ADJUSTED 19 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 20 $25,000; 21 (3) a class A misdemeanor if the face amount of the check [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 23 but less than $750; 24 (4) a class B misdemeanor if the face amount of the check [, 25 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 26 * Sec. 23. AS 11.46.285 is amended to read: 27 Sec. 11.46.285. Fraudulent use of an access device or identification 28 document. (a) A person commits the crime of fraudulent use of an access device or 29 identification document if, with intent to defraud, the person uses an access device or 30 identification document to obtain property or services with knowledge that 31 (1) the access device or identification document is stolen or forged;
01 (2) the access device or identification document is expired or has 02 been revoked or cancelled; or 03 (3) for any other reason, that person's use of the access device or 04 identification document is unauthorized by either the issuer or the person to whom 05 the access device or identification document is issued. 06 (b) Fraudulent use of an access device or identification document is 07 (1) a class B felony if the value of the property or services obtained is 08 $25,000 or more; 09 (2) a class C felony if the value of the property or services obtained [, 10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 11 more but less than $25,000; 12 (3) a class A misdemeanor if the value of the property or services 13 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 14 than $75 [$750]. 15 * Sec. 24. AS 11.46.295 is amended to read: 16 Sec. 11.46.295. Prior convictions. For purposes of considering prior 17 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 18 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 19 AS 11.46.220(c), 20 (1) a conviction for an offense under another law or ordinance with 21 similar elements is a conviction of an offense having elements similar to those of an 22 offense defined as such under Alaska law at the time the offense was committed; 23 (2) a conviction for an offense under Alaska law where the value of the 24 property or services for the offense was lower than the value of property or services 25 for the offense under current Alaska law is a prior conviction for that offense; and 26 (3) the court shall consider the date of a prior conviction as occurring 27 on the date that sentence is imposed for the prior offense. 28 * Sec. 25. AS 11.46.360(a) is amended to read: 29 (a) A person commits the crime of vehicle theft in the first degree if, having 30 no right to do so or any reasonable ground to believe the person has such a right, the 31 person drives, tows away, or takes
01 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 02 of another; 03 (2) the propelled vehicle of another and 04 (A) the vehicle or any other property of another is damaged in a 05 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 06 AS 11.46.982,] of $750 or more; 07 (B) the owner incurs reasonable expenses as a result of the loss 08 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 09 PROVIDED IN AS 11.46.982,] of $750 or more; or 10 (C) the owner is deprived of the use of the vehicle for seven 11 days or more; 12 (3) the propelled vehicle of another and the vehicle is marked as a 13 police or emergency vehicle; or 14 (4) the propelled vehicle of another and, within the preceding seven 15 years, the person was convicted under 16 (A) this section or AS 11.46.365; 17 (B) former AS 11.46.482(a)(4) or (5); 18 (C) former AS 11.46.484(a)(2); 19 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 20 of a propelled vehicle; or 21 (E) a law or ordinance of this or another jurisdiction with 22 elements substantially similar to those of an offense described in (A) - (D) of 23 this paragraph. 24 * Sec. 26. AS 11.46 is amended by adding a new section to article 3 to read: 25 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 26 the crime of possession of motor vehicle theft tools if the person possesses a motor 27 vehicle theft tool with intent to use or permit use of the tool in the commission of theft 28 of a vehicle or contents of a vehicle. 29 (b) In this section, 30 (1) "altered or shaved key" means a key altered by cutting, filing, or 31 other means to fit multiple vehicles or vehicles other than vehicles for which the key
01 was originally manufactured; 02 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 03 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 04 device adapted or designed for use in committing vehicle theft; 05 (3) "trial or jiggler key" means a key designed or altered to manipulate 06 a vehicle locking mechanism other than the lock for which the key was originally 07 manufactured. 08 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 09 * Sec. 27. AS 11.46.482(a) is amended to read: 10 (a) A person commits the crime of criminal mischief in the third 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 intent to damage property of another, the person damages 14 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 15 IN AS 11.46.982,] of $750 or more; 16 (2) the person recklessly creates a risk of damage in an amount 17 exceeding $100,000 to property of another by the use of widely dangerous means; or 18 (3) the person knowingly 19 (A) defaces, damages, or desecrates a cemetery or the contents 20 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 21 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 22 memorial appears to be abandoned, lost, or neglected; 23 (B) removes human remains or associated burial artifacts from 24 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 25 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 26 * Sec. 28. AS 11.46.484(a) is amended to read: 27 (a) A person commits the crime of criminal mischief in the fourth degree if, 28 having no right to do so or any reasonable ground to believe the person has such a 29 right, 30 (1) with intent to damage property of another, the person damages 31 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED
01 IN AS 11.46.982,] of $250 or more but less than $750; 02 (2) the person tampers with a fire protection device in a building that is 03 a public place; 04 (3) the person knowingly accesses a computer, computer system, 05 computer program, computer network, or part of a computer system or network; 06 (4) the person uses a device to descramble an electronic signal that has 07 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 08 device is used only to descramble signals received directly from a satellite or unless 09 the person owned the device before September 18, 1984; or 10 (5) the person knowingly removes, relocates, defaces, alters, obscures, 11 shoots at, destroys, or otherwise tampers with an official traffic control device or 12 damages the work on a highway under construction. 13 * Sec. 29. AS 11.46.486(a) is amended to read: 14 (a) A person commits the crime of criminal mischief in the fifth degree if, 15 having no right to do so or any reasonable ground to believe the person has such a 16 right, 17 (1) with reckless disregard for the risk of harm to or loss of the 18 property or with intent to cause substantial inconvenience to another, the person 19 tampers with property of another; 20 (2) with intent to damage property of another, the person damages 21 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 22 IN AS 11.46.982,] less than $250; or 23 (3) the person rides in a propelled vehicle and, with criminal 24 negligence, disregards the fact that it has been stolen or that it is being used in 25 violation of AS 11.46.360 or 11.46.365(a)(1). 26 * Sec. 30. AS 11.46.530(b) is amended to read: 27 (b) Criminal simulation is 28 (1) a class C felony if the value of what the object purports to represent 29 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 30 more; 31 (2) a class A misdemeanor if the value of what the object purports to
01 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 02 $250 or more but less than $750; 03 (3) a class B misdemeanor if the value of what the object purports to 04 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 05 than $250. 06 * Sec. 31. AS 11.46.620(d) is amended to read: 07 (d) Misapplication of property is 08 (1) a class C felony if the value of the property misapplied [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 10 (2) a class A misdemeanor if the value of the property misapplied [, 11 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 12 * Sec. 32. AS 11.46.730(c) is amended to read: 13 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 14 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 15 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 16 defendant's conduct, in which case defrauding secured creditors is 17 (1) a class B felony if the loss is $25,000 or more; 18 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 19 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 20 * Sec. 33. AS 11.46.980 is amended by adding a new subsection to read: 21 (e) In determining the degree or classification of a crime under this chapter, if 22 the combined value of the property or services taken from one or more persons or 23 commercial establishments within a period of 180 days is $750 or more but less than 24 $25,000, the value may be aggregated. 25 * Sec. 34. AS 11.56.310(a) is amended to read: 26 (a) One commits the crime of escape in the second degree if, without lawful 27 authority, one 28 (1) removes oneself from 29 (A) a secure correctional facility while under official detention 30 for a misdemeanor; 31 (B) official detention for a felony or for extradition; or
01 (C) official detention and, during the escape or at any time 02 before being restored to official detention, one possesses on or about oneself a 03 firearm; 04 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the 05 unlawful evasion or at any time before being restored to official detention, one 06 possesses on or about oneself a firearm; or 07 (3) while under official detention for a felony, 08 (A) removes, tampers with, or disables the electronic 09 monitoring equipment; [,] or 10 (B) without prior authorization, leaves one's residence or 11 other place designated by the commissioner of corrections or the 12 commissioner of health and social services for [THE] service by electronic 13 monitoring [OF OFFICIAL DETENTION FOR A FELONY]. 14 * Sec. 35. AS 11.56.320(a) is amended to read: 15 (a) One commits the crime of escape in the third degree if one 16 (1) removes oneself from official detention during any lawful 17 movement or activity incident to confinement within a correctional facility for a 18 misdemeanor; [OR] 19 (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave 20 the state; 21 (3) while under official detention for a misdemeanor, 22 (A) removes, tampers with, or disables the electronic 23 monitoring equipment; or 24 (B) without prior authorization, leaves one's residence or 25 other place designated by the commissioner of corrections or the 26 commissioner of health and social services for service by electronic 27 monitoring; or 28 (4) while on release under AS 12.30, 29 (A) removes, tampers with, or disables the electronic 30 monitoring equipment; or 31 (B) without prior authorization, leaves one's residence or
01 other place designated by a judicial officer as a condition of release. 02 * Sec. 36. AS 11.56.730(a) is amended to read: 03 (a) A person commits the crime [OFFENSE] of failure to appear if the person 04 (1) is released under the provisions of AS 12.30; 05 (2) knows that the person is required to appear before a court or 06 judicial officer at the time and place of a scheduled hearing; and 07 (3) with criminal negligence does not appear before the court or 08 judicial officer at the time and place of the scheduled hearing. 09 * Sec. 37. AS 11.56.730(d) is amended to read: 10 (d) Failure to appear is a 11 (1) class C felony if the person was released in connection with a 12 charge of a felony or while awaiting sentence or appeal after conviction of a felony 13 [AND THE PERSON 14 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 15 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 16 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 17 HEARING; OR 18 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 19 SCHEDULED HEARING TO AVOID PROSECUTION]; 20 (2) class A misdemeanor if the person was released in connection with 21 a 22 (A) charge of a misdemeanor, while awaiting sentence or 23 appeal after conviction of a misdemeanor; or 24 (B) [, OR IN CONNECTION WITH A] requirement to appear 25 as a material witness in a criminal proceeding [, AND THE PERSON 26 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 27 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 28 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 29 HEARING; OR 30 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 31 SCHEDULED HEARING TO AVOID PROSECUTION; OR
01 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 02 * Sec. 38. AS 11.56.757(b) is amended to read: 03 (b) Violation of condition of release is a 04 (1) class A misdemeanor if the person is released from a charge or 05 conviction of a felony; 06 (2) class B misdemeanor if the person is released from a charge or 07 conviction of a misdemeanor. 08 * Sec. 39. AS 11.56.810(a) is amended to read: 09 (a) A person commits the crime of terroristic threatening in the second degree 10 if the person makes a threat [KNOWINGLY MAKES A FALSE REPORT] that a 11 circumstance 12 (1) dangerous to human life or property exists or is about to exist 13 with reckless disregard that the threat may [AND] 14 (A) place a person [IS PLACED] in reasonable fear of serious 15 physical injury to any person; 16 (B) cause [CAUSES] evacuation of or initiation of an 17 emergency protocol for a building, public place or area, business premises, or 18 mode of public transportation; 19 (C) cause [CAUSES] serious public inconvenience; or 20 (D) cause the public or a substantial group of people to fear 21 serious physical injury [THE REPORT CLAIMS THAT A 22 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 23 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 24 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 25 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 26 TRANSPORTATION]; or 27 (2) exists or is about to exist that is dangerous to the proper or safe 28 functioning of an oil or gas pipeline or supporting facility, utility, or transportation or 29 cargo facility; in this paragraph, "oil or gas pipeline or supporting facility" and 30 "utility" have the meanings given in AS 11.46.495. 31 * Sec. 40. AS 11.61.110(c) is amended to read:
01 (c) Disorderly conduct is a class B misdemeanor and is punishable as 02 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 03 be for a definite term of not more than 10 days. 04 * Sec. 41. AS 11.61.120(a) is amended to read: 05 (a) A person commits the crime of harassment in the second degree if, with 06 intent to harass or annoy another person, that person 07 (1) insults, taunts, or challenges another person in a manner likely to 08 provoke an immediate violent response; 09 (2) telephones another and fails to terminate the connection with intent 10 to impair the ability of that person to place or receive telephone calls; 11 (3) makes repeated telephone calls at extremely inconvenient hours; 12 (4) makes an anonymous or obscene telephone call, an obscene 13 electronic communication, or a telephone call or electronic communication that 14 threatens physical injury or sexual contact; 15 (5) subjects another person to offensive physical contact; 16 (6) except as provided in AS 11.61.116, publishes or distributes 17 electronic or printed photographs, pictures, or films that show the genitals, anus, or 18 female breast of the other person or show that person engaged in a sexual act; [OR] 19 (7) repeatedly sends or publishes an electronic communication that 20 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 21 that places the person in reasonable fear of physical injury; or 22 (8) under circumstances not proscribed under AS 11.41.455, 23 AS 11.61.125, or 11.61.128, repeatedly sends to another person, publishes, or 24 distributes electronic or printed photographs, pictures, or films that show the 25 genitals of any person. 26 * Sec. 42. AS 11.61.123(a) is amended to read: 27 (a) A person commits the crime of indecent viewing or production of a 28 picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly 29 (1) views, or views [PRODUCES] a picture of, the private exposure of 30 the genitals, anus, or female breast of another person; or 31 (2) produces a picture of the private exposure of the genitals, anus,
01 or female breast of another person [AND THE VIEW OR PRODUCTION IS 02 WITHOUT THE KNOWLEDGE OR CONSENT OF 03 (1) THE PARENT OR GUARDIAN OF THE PERSON VIEWED, 04 OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR 05 SHOWN IS UNDER 16 YEARS OF AGE; AND 06 (2) THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF 07 THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE]. 08 * Sec. 43. AS 11.61.123(c) is amended to read: 09 (c) This section does not apply to the viewing or production of a picture 10 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 11 purpose. 12 * Sec. 44. AS 11.61.123(d) is amended to read: 13 (d) In a prosecution under this section, it is an affirmative defense that the 14 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 15 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 16 posted, and any viewing or use of pictures produced is done only in the interest of 17 crime prevention or prosecution. 18 * Sec. 45. AS 11.61.123(f) is amended to read: 19 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 20 (1) class B felony if the person violates (a)(2) of this section and the 21 person shown in the picture was, at the time of the production of the picture, a 22 minor; 23 (2) [(1)] class C felony if the person 24 (A) violates (a)(1) of this section and the person viewed 25 (i) [OR SHOWN IN A PICTURE] was, at the time of 26 the viewing [OR PRODUCTION OF THE PICTURE], a minor; 27 (ii) in a picture was, at the time of the production of 28 the picture, a minor; or 29 (B) violates (a)(2) of this section and the person shown in a 30 picture was, at the time of the production of the picture, an adult; 31 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this
01 section and the person viewed 02 (A) [OR SHOWN IN A PICTURE] was, at the time of the 03 viewing [OR PRODUCTION OF THE PICTURE], an adult; or 04 (B) in a picture was, at the time of the production of the 05 picture, an adult. 06 * Sec. 46. AS 11.61.123 is amended by adding a new subsection to read: 07 (g) The provisions of this section do not apply to acts 08 (1) that may reasonably be construed to be normal caretaker 09 responsibilities for a child, interactions with a child, or affection for a child; or 10 (2) performed for the purpose of administering a recognized and lawful 11 form of treatment that is reasonably adapted to promoting the physical or mental 12 health of the person being treated. 13 * Sec. 47. AS 11.61 is amended by adding a new section to read: 14 Sec. 11.61.124. Solicitation or production of an indecent picture of a 15 minor. (a) An offender commits the crime of solicitation or production of an indecent 16 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 17 AS 11.61.123, the offender being 18 years of age or older 18 (1) solicits a picture of the genitals, anus, or female breast of another 19 person and the 20 (A) person solicited is under 16 years of age and at least four 21 years younger than the offender; or 22 (B) offender believes that the other person is under 16 years of 23 age and at least four years younger than the offender; or 24 (2) produces a picture of the genitals, anus, or female breast of another 25 person and the 26 (A) person shown in the picture is under 16 years of age and at 27 least four years younger than the offender; or 28 (B) offender believes that the other person is under 16 years of 29 age and at least four years younger than the offender. 30 (b) In a prosecution under (a) of this section, it is not a defense that the person 31 solicited or shown in the picture was not actually a child under 16 years of age and at
01 least four years younger than the offender. 02 (c) In a prosecution under (a)(1) of this section, it is not necessary for the 03 prosecution to show that a picture was actually produced. 04 (d) The provisions of this section do not apply to acts 05 (1) that may reasonably be construed to be normal caretaker 06 responsibilities for a child, interactions with a child, or affection for a child; or 07 (2) performed for the purpose of administering a recognized and lawful 08 form of treatment that is reasonably adapted to promoting the physical or mental 09 health of the person being treated. 10 (e) In this section, "picture" has the meaning given in AS 11.61.123. 11 (f) 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 * Sec. 48. AS 11.71 is amended by adding a new section to read: 19 Sec. 11.71.021. Misconduct involving a controlled substance in the second 20 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 21 misconduct involving a controlled substance in the second degree if the person 22 (1) manufactures or delivers any amount of a schedule IA controlled 23 substance or possesses any amount of a schedule IA controlled substance with intent 24 to manufacture or deliver; 25 (2) manufactures any material, compound, mixture, or preparation that 26 contains 27 (A) methamphetamine, or its salts, isomers, or salts of isomers; 28 or 29 (B) an immediate precursor of methamphetamine, or its salts, 30 isomers, or salts of isomers; 31 (3) possesses an immediate precursor of methamphetamine, or the
01 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 with the intent to manufacture any material, compound, mixture, or preparation that 03 contains methamphetamine, or its salts, isomers, or salts of isomers; 04 (4) possesses a listed chemical with intent to manufacture any material, 05 compound, mixture, or preparation that contains 06 (A) methamphetamine, or its salts, isomers, or salts of isomers; 07 or 08 (B) an immediate precursor of methamphetamine, or its salts, 09 isomers, or salts of isomers; 10 (5) possesses methamphetamine in an organic solution with intent to 11 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 12 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 13 delivers 14 (A) an immediate precursor of methamphetamine, or the salts, 15 isomers, or salts of isomers of the immediate precursor of methamphetamine, 16 to another person with reckless disregard that the precursor will be used to 17 manufacture any material, compound, mixture, or preparation that contains 18 methamphetamine, or its salts, isomers, or salts of isomers; or 19 (B) a listed chemical to another person with reckless disregard 20 that the listed chemical will be used to manufacture any material, compound, 21 mixture, or preparation that contains 22 (i) methamphetamine, or its salts, isomers, or salts of 23 isomers; 24 (ii) an immediate precursor of methamphetamine, or its 25 salts, isomers, or salts of isomers; or 26 (iii) methamphetamine or its salts, isomers, or salts of 27 isomers in an organic solution. 28 (b) In a prosecution under (a) of this section, possession of more than six 29 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 30 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 31 the person intended to use the listed chemicals to manufacture, to aid or abet another
01 person to manufacture, or to deliver to another person who intends to manufacture 02 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 03 of methamphetamine or its immediate precursors. The prima facie evidence described 04 in this subsection does not apply to a person who possesses 05 (1) the listed chemicals ephedrine, pseudoephedrine, 06 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 07 (A) and the listed chemical was dispensed to the person under a 08 valid prescription; or 09 (B) in the ordinary course of a legitimate business, or an 10 employee of a legitimate business, as a 11 (i) retailer or as a wholesaler; 12 (ii) wholesale drug distributor licensed by the Board of 13 Pharmacy; 14 (iii) manufacturer of drug products licensed by the 15 Board of Pharmacy; 16 (iv) pharmacist licensed by the Board of Pharmacy; or 17 (v) health care professional licensed by the state; or 18 (2) less than 24 grams of ephedrine, pseudoephedrine, 19 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 20 kept in a locked storage area on the premises of a legitimate business or nonprofit 21 organization operating a camp, lodge, school, day care center, treatment center, or 22 other organized group activity, and the location or nature of the activity, or the age of 23 the participants, makes it impractical for the participants in the activity to obtain 24 medicinal products. 25 (c) In this section, "listed chemical" means a chemical described under 26 AS 11.71.200. 27 (d) Misconduct involving a controlled substance in the second degree is a 28 class A felony. 29 * Sec. 49. AS 11.71.030(a) is amended to read: 30 (a) Except as authorized in AS 17.30, a person commits the crime of 31 misconduct involving a controlled substance in the third [SECOND] degree if the
01 person 02 (1) manufactures or delivers, or possesses with intent to manufacture 03 or deliver, 04 (A) one or more preparations, compounds, mixtures, or 05 substances of an aggregate weight of one gram or more containing a schedule 06 IA controlled substance; 07 (B) 25 or more tablets, ampules, or syrettes containing a 08 schedule IA controlled substance; 09 (C) one or more preparations, compounds, mixtures, or 10 substances of an aggregate weight of 2.5 grams or more containing a schedule 11 IIA or IIIA controlled substance; or 12 (D) 50 or more tablets, ampules, or syrettes containing a 13 schedule IIA or IIIA controlled substance; 14 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 15 substance to a person under 19 years of age who is at least three years younger than 16 the person delivering the substance; 17 (3) possesses any amount of a schedule IA or IIA controlled substance 18 (A) with reckless disregard that the possession occurs 19 (i) on or within 500 feet of school grounds; or 20 (ii) at or within 500 feet of a recreation or youth center; 21 or 22 (B) on a school bus; 23 (4) manufactures any material, compound, mixture, or preparation that 24 contains 25 (A) methamphetamine, or its salts, isomers, or salts of isomers; 26 or 27 (B) an immediate precursor of methamphetamine, or its salts, 28 isomers, or salts of isomers; 29 (5) possesses an immediate precursor of methamphetamine, or the 30 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 31 with the intent to manufacture any material, compound, mixture, or preparation that
01 contains methamphetamine, or its salts, isomers, or salts of isomers; 02 (6) possesses a listed chemical with intent to manufacture any material, 03 compound, mixture, or preparation that contains 04 (A) methamphetamine, or its salts, isomers, or salts of isomers; 05 or 06 (B) an immediate precursor of methamphetamine, or its salts, 07 isomers, or salts of isomers; 08 (7) possesses methamphetamine in an organic solution with intent to 09 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 10 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 11 delivers 12 (A) an immediate precursor of methamphetamine, or the salts, 13 isomers, or salts of isomers of the immediate precursor of methamphetamine, 14 to another person with reckless disregard that the precursor will be used to 15 manufacture any material, compound, mixture, or preparation that contains 16 methamphetamine, or its salts, isomers, or salts of isomers; or 17 (B) a listed chemical to another person with reckless disregard 18 that the listed chemical will be used to manufacture any material, compound, 19 mixture, or preparation that contains 20 (i) methamphetamine, or its salts, isomers, or salts of 21 isomers; 22 (ii) an immediate precursor of methamphetamine, or its 23 salts, isomers, or salts of isomers; or 24 (iii) methamphetamine or its salts, isomers, or salts of 25 isomers in an organic solution; or 26 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 27 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 28 substance or possesses any amount of a schedule IIA or IIIA controlled substance 29 with intent to manufacture or deliver. 30 * Sec. 50. AS 11.71.030(d) is amended to read: 31 (d) Misconduct involving a controlled substance in the third [SECOND]
01 degree is a class B felony. 02 * Sec. 51. AS 11.71.040(a) is amended to read: 03 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 04 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if 05 the person 06 (1) manufactures or delivers any amount of a schedule IVA or VA 07 controlled substance or possesses any amount of a schedule IVA or VA controlled 08 substance with intent to manufacture or deliver; 09 (2) manufactures or delivers, or possesses with the intent to 10 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 11 of an aggregate weight of one ounce or more containing a schedule VIA controlled 12 substance; 13 (3) possesses any amount of a schedule IA controlled substance listed 14 in AS 11.71.140(e); 15 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 16 (A) with reckless disregard that the possession occurs 17 (i) on or within 500 feet of school grounds; or 18 (ii) at or within 500 feet of a recreation or youth center; 19 or 20 (B) on a school bus; 21 (5) knowingly keeps or maintains any store, shop, warehouse, 22 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 23 keeping or distributing controlled substances in violation of a felony offense under this 24 chapter or AS 17.30; 25 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 26 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 27 mark, imprint, or device of another or any likeness of any of these on a drug, drug 28 container, or labeling so as to render the drug a counterfeit substance; 29 (7) knowingly uses in the course of the manufacture or distribution of a 30 controlled substance a registration number that is fictitious, revoked, suspended, or 31 issued to another person;
01 (8) knowingly furnishes false or fraudulent information in or omits 02 material information from any application, report, record, or other document required 03 to be kept or filed under AS 17.30; 04 (9) obtains possession of a controlled substance by misrepresentation, 05 fraud, forgery, deception, or subterfuge; 06 (10) affixes a false or forged label to a package or other container 07 containing any controlled substance; or 08 (11) manufactures or delivers, or possesses with the intent to 09 manufacture or deliver, 10 (A) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of less than one gram containing a schedule 12 IA controlled substance; 13 (B) less than 25 tablets, ampules, or syrettes containing a 14 schedule IA controlled substance; 15 (C) one or more preparations, compounds, mixtures, or 16 substances of an aggregate weight of less than 2.5 grams containing a schedule 17 IIA or IIIA controlled substance; or 18 (D) less than 50 tablets, ampules, or syrettes containing a 19 schedule IIA or IIIA controlled substance; or 20 (12) violates AS 11.71.050(a)(4) and has been previously convicted 21 of a crime under AS 11.71.050(a)(4). 22 * Sec. 52. AS 11.71.040(d) is amended to read: 23 (d) Misconduct involving a controlled substance in the fourth [THIRD] 24 degree is a class C felony. 25 * Sec. 53. AS 11.71.050 is amended to read: 26 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 27 [FOURTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person 28 commits the crime of misconduct involving a controlled substance in the fifth 29 [FOURTH] degree if the person 30 (1) manufactures or delivers, or possesses with the intent to 31 manufacture or deliver, one or more preparations, compounds, mixtures, or substances
01 of an aggregate weight of less than one ounce containing a schedule VIA controlled 02 substance; 03 (2) [REPEALED] 04 (3) fails to make, keep, or furnish any record, notification, order form, 05 statement, invoice, or information required under AS 17.30; [OR] 06 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 07 11.71.040(a)(3), or 11.71.040(a)(4) [, OR 11.71.060(a)(2),] possesses any amount of a 08 schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled substance; or 09 (5) under circumstances not proscribed under AS 11.71.040(a)(4), 10 possesses one or more preparations, compounds, mixtures, or substances of an 11 aggregate weight of one ounce or more containing a schedule VIA controlled 12 substance. 13 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 14 degree is a class A misdemeanor. 15 * Sec. 54. AS 11.71.060 is amended to read: 16 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 17 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 18 commits the crime of misconduct involving a controlled substance in the sixth 19 [FIFTH] degree if the person 20 (1) uses or displays any amount of a schedule VIA controlled 21 substance; 22 (2) possesses one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of 24 (A) less than one ounce containing a schedule VIA controlled 25 substance; 26 (B) six grams or less containing a schedule IIIA controlled 27 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 28 otherwise applied to tobacco, an herb, or another organic material; or 29 (3) refuses entry into a premise for an inspection authorized under 30 AS 17.30. 31 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree
01 is a class B misdemeanor. 02 * Sec. 55. AS 11.71.311(a) is amended to read: 03 (a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), 04 or (12), 11.71.050(a)(4), or 11.71.060(a)(1), (2), or (4) [AS 11.71.030(a)(3), 05 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] if that person 06 (1) sought, in good faith, medical or law enforcement assistance for 07 another person who the person reasonably believed was experiencing a drug overdose 08 and 09 (A) the evidence supporting the prosecution for an offense 10 under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4), or 11.71.060(a)(1), 11 (2), or (4) [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 12 11.71.060(a)(1) OR (2)] was obtained or discovered as a result of the person 13 seeking medical or law enforcement assistance; 14 (B) the person remained at the scene with the other person until 15 medical or law enforcement assistance arrived; and 16 (C) the person cooperated with medical or law enforcement 17 personnel, including by providing identification; 18 (2) was experiencing a drug overdose and sought medical assistance, 19 and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3), 20 (4), or (12), 11.71.050(a)(4), or 11.71.060(a)(1), (2), or (4) [AS 11.71.030(a)(3), 21 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained as 22 a result of the overdose and the need for medical assistance. 23 * Sec. 56. AS 12.25.150(a) is amended to read: 24 (a) A person arrested shall be taken before a judge or magistrate without 25 unnecessary delay and in any event within 24 hours after arrest, absent compelling 26 circumstances, including Sundays and holidays. The unavailability of a report 27 prepared by the probation officer acting as a pretrial services officer under AS 33.05 28 [AS 33.07] or a delay in the transmittal of that report to the parties or to the court may 29 not be considered a sufficient compelling circumstance to justify delaying a hearing 30 beyond 24 hours. The hearing before the judge or magistrate may not take place more 31 than 48 hours after arrest. This requirement applies to municipal police officers to the
01 same extent as it does to state troopers. 02 * Sec. 57. AS 12.30.006(b) is amended to read: 03 (b) At the first appearance before a judicial officer, a person may be detained 04 up to 48 hours for the prosecuting authority to demonstrate that release of the person 05 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 06 pose a danger to the victim, other persons, or the community, if the person has 07 (1) been charged with an unclassified, class A, class B, or class C 08 felony; or 09 (2) a criminal conviction or charge outside the state [THAT HAS NOT 10 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE 11 PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 12 * Sec. 58. AS 12.30.006(c) is amended to read: 13 (c) A person who remains in custody 48 hours after appearing before a judicial 14 officer because of inability to meet the conditions of release shall, upon application, be 15 entitled to have the conditions reviewed by the judicial officer who imposed them. If 16 the judicial officer who imposed the conditions of release is not available, any judicial 17 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 18 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 19 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 20 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 21 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 22 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 23 (1) APPEARANCE OF THE PERSON IN COURT; AND 24 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 25 COMMUNITY.] 26 * Sec. 59. AS 12.30.006(d) is amended to read: 27 (d) If a person remains in custody after review of conditions by a judicial 28 officer under (c) of this section, the person may request a subsequent review of 29 conditions. Unless the prosecuting authority stipulates otherwise or the person has 30 been incarcerated for a period equal to the maximum sentence for the most serious 31 charge for which the person is being held, a judicial officer may not schedule a bail
01 review hearing under this subsection unless 02 (1) the person provides to the court and the prosecuting authority a 03 written statement that new information not considered at the previous review will be 04 presented at the hearing; the statement must include a description of the information 05 and the reason the information was not presented at a previous hearing; in this 06 paragraph, "new information" includes the person's inability to post the required bail if 07 the person can show that the person made a good faith effort to post the required 08 bail; 09 (2) the prosecuting authority and any surety, if applicable, have at least 10 48 hours' [HOURS"] written notice before the time set for the review requested under 11 this subsection; the defendant shall notify the surety; and 12 (3) at least seven days have elapsed between the previous review and 13 the time set for the requested review; however, a person may receive only one bail 14 review hearing solely for inability to pay. 15 * Sec. 60. AS 12.30.006(f) is amended to read: 16 (f) The judicial officer shall issue written or oral findings that explain the 17 reasons the officer imposed the particular conditions of release or modifications or 18 additions to conditions previously imposed. The judicial officer shall inform the 19 person that a law enforcement officer or a pretrial services officer under 20 AS 33.05.040(a)(11) [AS 33.07] may arrest the person without a warrant for violation 21 of the court's order establishing conditions of release. 22 * Sec. 61. AS 12.30.011 is repealed and reenacted to read: 23 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 24 chapter, a judicial officer shall order a person charged with an offense to be released 25 on the person's personal recognizance or upon execution of an unsecured appearance 26 bond, on the condition that the person 27 (1) obey all court orders and all federal, state, and local laws; 28 (2) appear in court when ordered; 29 (3) if represented, maintain contact with the person's lawyer; and 30 (4) notify the person's lawyer, who shall notify the prosecuting 31 authority and the court, not more than 24 hours after the person changes residence.
01 (b) If a judicial officer determines that the release under (a) of this section will 02 not reasonably ensure the appearance of the person or will pose a danger to the victim, 03 other persons, or the community, the officer shall impose the least restrictive condition 04 or conditions that will reasonably ensure the person's appearance and protect the 05 victim, other persons, and the community. In addition to conditions under (a) of this 06 section, the judicial officer may, singly or in combination, 07 (1) require the execution of an appearance bond in a specified amount 08 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 09 of the amount of the bond; 10 (2) require the execution of a bail bond with sufficient solvent sureties 11 or the deposit of cash; 12 (3) require the execution of a performance bond in a specified amount 13 of cash to be deposited in the registry of the court; 14 (4) place restrictions on the person's travel, association, or residence; 15 (5) order the person to refrain from possessing a deadly weapon on the 16 person or in the person's vehicle or residence; 17 (6) require the person to maintain employment or, if unemployed, 18 actively seek employment; 19 (7) require the person to notify the person's lawyer and the prosecuting 20 authority within two business days after any change in employment; 21 (8) require the person to avoid all contact with a victim, a potential 22 witness, or a codefendant; 23 (9) require the person to refrain from the consumption and possession 24 of alcoholic beverages; 25 (10) require the person to refrain from the use of a controlled substance 26 as defined by AS 11.71, unless prescribed by a licensed health care provider with 27 prescriptive authority; 28 (11) require the person to be physically inside the person's residence, 29 or in the residence of the person's third-party custodian, at time periods set by the 30 court; 31 (12) require the person to keep regular contact with a pretrial service
01 officer or law enforcement officer or agency; 02 (13) order the person to refrain from entering or remaining in premises 03 licensed under AS 04; 04 (14) place the person in the custody of an individual who agrees to 05 serve as a third-party custodian of the person as provided in AS 12.30.021; 06 (15) if the person is under the treatment of a licensed health care 07 provider, order the person to follow the provider's treatment recommendations; 08 (16) order the person to take medication that has been prescribed for 09 the person by a licensed health care provider with prescriptive authority; 10 (17) order the person to submit to electronic monitoring; 11 (18) order the person to submit to supervision by the pretrial services 12 officer in the Department of Corrections under AS 33.05, which may include the use 13 of electronic monitoring; 14 (19) order the person to comply with any other condition that is 15 reasonably necessary to ensure the appearance of the person and to ensure the safety 16 of the victim, other persons, and the community; and 17 (20) require the person to comply with a program established under 18 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 19 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 20 or a crime involving domestic violence. 21 (c) In determining the conditions of release under this chapter, the court shall 22 consider the following: 23 (1) the nature and circumstances of the offense charged; 24 (2) the weight of the evidence against the person; 25 (3) the nature and extent of the person's family ties and relationships; 26 (4) the person's employment status and history; 27 (5) the length and character of the person's past and present residence; 28 (6) the person's record of convictions; 29 (7) the person's record of appearance at court proceedings; 30 (8) assets available to the person to meet monetary conditions of 31 release;
01 (9) the person's reputation, character, and mental condition; 02 (10) the effect of the offense on the victim, any threats made to the 03 victim, and the danger that the person poses to the victim; and 04 (11) any other facts that are relevant to the person's appearance or the 05 person's danger to the victim, other persons, or the community. 06 (d) In making a finding regarding the release of a person under this chapter, 07 (1) except as otherwise provided in this chapter, the burden of proof is 08 on the prosecuting authority that a person charged with an offense should be detained 09 or released with conditions described in (b) of this section or AS 12.30.016; 10 (2) there is a rebuttable presumption that there is a substantial risk that 11 the person will not appear and the person poses a danger to the victim, other persons, 12 or the community, if the person is 13 (A) charged with an unclassified felony, a class A felony, a 14 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 15 (B) charged with a felony crime against a person under 16 AS 11.41, was previously convicted of a felony crime against a person under 17 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 18 five years have elapsed between the date of the person's unconditional 19 discharge on the immediately preceding offense and the commission of the 20 present offense; 21 (C) charged with a felony offense committed while the person 22 was on release under this chapter for a charge or conviction of another offense; 23 (D) charged with a crime involving domestic violence, and has 24 been convicted in the previous five years of a crime involving domestic 25 violence in this state or a similar offense in another jurisdiction; 26 (E) arrested in connection with an accusation that the person 27 committed a felony outside the state or is a fugitive from justice from another 28 jurisdiction, and the court is considering release under AS 12.70. 29 (e) If the supreme court establishes a schedule of bail amounts or conditions of 30 release for misdemeanor offenses, the schedule must include a condition providing 31 that a correctional facility shall, at the time of release, conduct a chemical test of the
01 breath of a person who has been arrested and who is intoxicated and shall detain the 02 person until the test result indicates that the person's breath has less than 0.08 grams of 03 alcohol for each 210 liters of breath or, with the consent of the person, release the 04 person to another person who is willing and able to provide care for the person. 05 (f) In determining the conditions of release under this chapter, the court may 06 consider the pretrial risk assessment. 07 * Sec. 62. AS 12.30.021(a) is amended to read: 08 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 09 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 10 RECORD,] that the appointment will, singly or in combination with other 11 conditions, 12 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 13 AVAILABLE IN THE PERSON'S LOCATION; 14 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 15 HAVE BEEN ORDERED; AND 16 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 17 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 18 the victim, other persons, and the community. 19 * Sec. 63. AS 12.30.021(c) is amended to read: 20 (c) A judicial officer may not appoint a person as a third-party custodian if 21 (1) the proposed custodian is acting as a third-party custodian for 22 another person; 23 (2) the proposed custodian has been unconditionally discharged 24 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a 25 crime under AS 11.41, or a similar crime in this or another jurisdiction; 26 (3) criminal charges are pending in this state or another jurisdiction 27 against the proposed custodian; 28 (4) the proposed custodian is on probation in this state or another 29 jurisdiction for an offense; 30 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 31 STATE WILL CALL] the proposed custodian may be called as a witness in the
01 prosecution of the person; 02 (6) the proposed custodian resides out of state; however, a nonresident 03 may serve as a custodian if the nonresident resides in the state while serving as 04 custodian. 05 * Sec. 64. AS 12.55.015 is amended by adding a new subsection to read: 06 (l) In making a determination under (a)(12) of this section for a defendant 07 convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime 08 involving domestic violence as defined in AS 18.66.990, there is a presumption that, 09 unless the court finds on the record that contact between a defendant and the victim of 10 the offense is necessary, the court shall order the defendant to have no contact, either 11 directly or indirectly, with the victim until the defendant is unconditionally discharged. 12 * Sec. 65. AS 12.55.025(c) is amended to read: 13 (c) Except as provided in (d) of this section, when a defendant is sentenced to 14 imprisonment, the term of confinement commences on the date of imposition of 15 sentence unless the court specifically provides that the defendant must report to serve 16 the sentence on another date. If the court provides another date to begin the term of 17 confinement, the court shall provide the defendant with written notice of the date, 18 time, and location of the correctional facility to which the defendant must report. A 19 defendant shall receive credit for time spent in custody pending trial, sentencing, or 20 appeal, if the detention was in connection with the offense for which the sentence was 21 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 22 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 23 actual time spent in custody pending trial, sentencing, or appeal. The time during 24 which a defendant is voluntarily absent from official detention after the defendant has 25 been sentenced may not be credited toward service of the sentence. 26 * Sec. 66. AS 12.55.025 is amended by adding a new subsection to read: 27 (m) When imposing a sentence for conviction of a felony offense or a 28 sentence of imprisonment exceeding 90 days or, upon a conviction of a violation of 29 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with 30 AS 04.21.010, the court shall orally state on the record the terms of the sentence of 31 imprisonment imposed and the approximate minimum sentence that must be served
01 before the defendant may be eligible for mandatory parole and that the period of active 02 incarceration may be reduced under other provisions of law. 03 * Sec. 67. AS 12.55.027(f) is amended to read: 04 (f) To qualify as a treatment program under this section, a program must 05 (1) be intended to address criminogenic traits or behaviors; 06 (2) provide measures of progress or completion; and 07 (3) require notification to the prosecuting authority, pretrial services 08 officer, [OFFICE] or probation officer if the person is discharged from the program 09 for noncompliance. 10 * Sec. 68. AS 12.55.027 is amended by adding a new subsection to read: 11 (i) A court granting credit against a sentence of imprisonment under (a) of this 12 section may grant credit of not more than 180 days against the total term of 13 imprisonment imposed. 14 * Sec. 69. AS 12.55.051(a) is amended to read: 15 (a) If the defendant defaults in the payment of a fine or any installment or of 16 restitution or any installment, the court may order the defendant to show cause why 17 the defendant should not be sentenced to imprisonment for nonpayment and, if the 18 payment was made a condition of the defendant's probation, may revoke the probation 19 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 20 contempt or probation revocation proceeding brought as a result of failure to pay a 21 fine or restitution, it is an affirmative defense that the defendant was unable to pay 22 despite having made continuing good faith efforts to pay the fine or restitution. If the 23 court finds that the defendant was unable to pay despite having made continuing good 24 faith efforts, the defendant may not be imprisoned solely because of the inability to 25 pay. If the court does not find that the default was attributable to the defendant's 26 inability to pay despite having made continuing good faith efforts to pay the fine or 27 restitution, the court may order the defendant imprisoned until the order of the court 28 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 29 imprisonment imposed under this section may not exceed one day for each $50 of the 30 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 31 be given toward satisfaction of the order of the court for every day a person is
01 incarcerated for nonpayment of a fine or restitution. 02 * Sec. 70. AS 12.55.090(c) is amended to read: 03 (c) The period of probation, together with any extension, may not exceed 04 (1) 25 [15] years for a felony sex offense; or 05 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 06 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 07 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 08 OR (2) OF THIS SUBSECTION; 09 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 10 (A) UNDER AS 11.41; 11 (B) THAT IS A CRIME INVOLVING DOMESTIC 12 VIOLENCE; OR 13 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 14 DEFINED IN AS 12.63.100; 15 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 16 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 17 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 18 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 19 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 20 THIS SUBSECTION]. 21 * Sec. 71. AS 12.55.090(g) is amended to read: 22 (g) At the discretion of the probation officer, a [A] probation officer may 23 [SHALL] recommend to the court that probation be terminated and a defendant be 24 discharged from probation if the defendant 25 (1) has completed at least 26 (A) two years on probation if the person was convicted of a 27 class A or class B felony that is not a crime under (4) [(5)] of this subsection; 28 or 29 (B) 18 months on probation if the person was convicted of a 30 crime that is not a crime 31 (i) under (A) of this paragraph; or
01 (ii) under (4) [(5)] of this subsection; 02 (2) has completed all treatment programs required as a condition of 03 probation; 04 (3) [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS 05 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF 06 THIS SUBSECTION; 07 (4)] is currently in compliance with all conditions of probation for all 08 of the cases for which the person is on probation; and 09 (4) [(5)] has not been convicted of an unclassified felony offense, a 10 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as 11 defined in AS 18.66.990. 12 * Sec. 72. AS 12.55.125(c) is amended to read: 13 (c) Except as provided in (i) of this section, a defendant convicted of a class A 14 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 15 and shall be sentenced to a definite term within the following presumptive ranges, 16 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (1) if the offense is a first felony conviction and does not involve 18 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years; 19 (2) if the offense is a first felony conviction 20 (A) and the defendant 21 [(A)] possessed a firearm, used a dangerous instrument, or 22 caused serious physical injury or death during the commission of the offense, 23 [FIVE TO NINE YEARS;] or 24 [(B)] knowingly directed the conduct constituting the offense at 25 a uniformed or otherwise clearly identified peace officer, firefighter, 26 correctional employee, emergency medical technician, paramedic, ambulance 27 attendant, or other emergency responder who was engaged in the performance 28 of official duties at the time of the offense, seven to 11 years; 29 (B) and the conviction is for manufacturing related to 30 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 31 (i) the manufacturing occurred in a building with
01 reckless disregard that the building was used as a permanent or 02 temporary home or place of lodging for one or more children 03 under 18 years of age or the building was a place frequented by 04 children; or 05 (ii) in the course of manufacturing or in preparation 06 for manufacturing, the defendant obtained the assistance of one or 07 more children under 18 years of age or one or more children were 08 present; 09 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 10 years; 11 (4) if the offense is a third felony conviction and the defendant is not 12 subject to sentencing under (l) of this section, 15 [13] to 20 years. 13 * Sec. 73. AS 12.55.125(d) is amended to read: 14 (d) Except as provided in (i) of this section, a defendant convicted of a class B 15 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 16 and shall be sentenced to a definite term within the following presumptive ranges, 17 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 20 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 21 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 22 probation under AS 12.55.086, the defendant is required to serve an active term 23 of imprisonment within the range specified in this paragraph, unless the court 24 finds that a mitigation factor under AS 12.55.155 applies; 25 (2) if the offense is a first felony conviction, 26 (A) the defendant violated AS 11.41.130, and the victim was 27 [(A)] a child under 16 years of age, two to four years; [OR] 28 (B) two to four years if the conviction is for attempt, 29 solicitation, or conspiracy to manufacture related to methamphetamine 30 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 31 (i) the attempted manufacturing occurred, or the
01 solicited or conspired offense was to have occurred, in a building 02 with reckless disregard that the building was used as a permanent 03 or temporary home or place of lodging for one or more children 04 under 18 years of age or the building was a place frequented by 05 children; or 06 (ii) in the course of an attempt to manufacture, the 07 defendant obtained the assistance of one or more children under 18 08 years of age or one or more children were present [WAS 16 YEARS 09 OF AGE OR OLDER, ONE TO THREE YEARS]; 10 (3) if the offense is a second felony conviction, four [TWO] to seven 11 [FIVE] years; 12 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 13 * Sec. 74. AS 12.55.125(e) is amended to read: 14 (e) Except as provided in (i) of this section, a defendant convicted of a class C 15 felony may be sentenced to a definite term of imprisonment of not more than five 16 years, and shall be sentenced to a definite term within the following presumptive 17 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (4) of this subsection, zero to two years; a defendant 20 sentenced under this paragraph may, if the court finds it appropriate, be granted a 21 suspended imposition of sentence under AS 12.55.085, and the court may, as a 22 condition of probation under AS 12.55.086, require the defendant to serve an active 23 term of imprisonment within the range specified in this paragraph; 24 (2) if the offense is a second felony conviction, two [ONE] to four 25 years; 26 (3) if the offense is a third felony conviction, three [TWO] to five 27 years; 28 (4) if the offense is a first felony conviction, and the defendant violated 29 AS 08.54.720(a)(15), one to two years. 30 * Sec. 75. AS 12.55.125(i) is amended to read: 31 (i) A defendant convicted of
01 (1) sexual assault in the first degree, sexual abuse of a minor in the 02 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex 03 trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite 04 term of imprisonment of not more than 99 years and shall be sentenced to a definite 05 term within the following presumptive ranges, subject to adjustment as provided in 06 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) less than 13 years of age, 25 to 35 years; 11 (ii) 13 years of age or older, 20 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, 30 to 40 years; 17 (D) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 35 to 45 years; 19 (E) if the offense is a third felony conviction and the defendant 20 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 21 to 60 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 (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), 26 [AS 11.41.455(c)(2), ONLINE] enticement of a minor under AS 11.41.452(e), or 27 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual 28 abuse of a minor in the first degree, or sex trafficking in the first degree under 29 AS 11.66.110(a)(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, the offense does 02 not involve circumstances described in (B) of this paragraph, and the victim 03 was 04 (i) under 13 years of age, 20 to 30 years; 05 (ii) 13 years of age or older, 15 to 30 years; 06 (B) if the offense is a first felony conviction and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, 25 to 35 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 25 to 35 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 30 to 40 years; 13 (E) if the offense is a third felony conviction, the offense does 14 not involve circumstances described in (F) of this paragraph, and the defendant 15 is not subject to sentencing under (l) of this section, 35 to 50 years; 16 (F) if the offense is a third felony conviction, the defendant is 17 not subject to sentencing under (l) of this section, and the defendant has two 18 prior convictions for sexual felonies, 99 years; 19 (3) sexual assault in the second degree, sexual abuse of a minor in the 20 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), indecent 21 exposure in the first degree under AS 11.41.458(b)(2) [UNLAWFUL 22 EXPLOITATION OF A MINOR UNDER AS 11.41.455(c)(1)], or distribution of 23 child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of 24 imprisonment of not more than 99 years and shall be sentenced to a definite term 25 within the following presumptive ranges, subject to adjustment as provided in 26 AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, five to 15 years; 28 (B) if the offense is a second felony conviction and does not 29 involve circumstances described in (C) of this paragraph, 10 to 25 years; 30 (C) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 15 to 30 years;
01 (D) if the offense is a third felony conviction and does not 02 involve circumstances described in (E) of this paragraph, 20 to 35 years; 03 (E) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years; 05 (4) sexual assault in the third degree, sexual abuse of a minor in the 06 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree 07 under AS 11.41.458(b)(1), indecent viewing or production of a picture under 08 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child 09 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 10 commit sexual assault in the second degree, sexual abuse of a minor in the second 11 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 12 sentenced to a definite term of imprisonment of not more than 99 years and shall be 13 sentenced to a definite term within the following presumptive ranges, subject to 14 adjustment as provided in AS 12.55.155 - 12.55.175: 15 (A) if the offense is a first felony conviction and does not 16 involve the circumstances described in (B) or (C) of this paragraph, two to 17 12 years; 18 (B) if the offense is a first felony conviction under 19 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of 20 this paragraph, four to 12 years; 21 (C) if the offense is a first felony conviction under 22 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or 23 create a mechanism for multi-party sharing or distribution of child 24 pornography, or received a financial benefit or had a financial interest in 25 a child pornography sharing or distribution mechanism, six to 14 years; 26 (D) if the offense is a second felony conviction and does not 27 involve circumstances described in (E) [(C)] of this paragraph, eight to 15 28 years; 29 (E) [(C)] if the offense is a second felony conviction and the 30 defendant has a prior conviction for a sexual felony, 12 to 20 years; 31 (F) [(D)] if the offense is a third felony conviction and does not
01 involve circumstances described in (G) [(E)] of this paragraph, 15 to 25 years; 02 (G) [(E)] if the offense is a third felony conviction and the 03 defendant has two prior convictions for sexual felonies, 99 years. 04 * Sec. 76. AS 12.55.125(q) is amended to read: 05 (q) Other than for convictions subject to a mandatory 99-year sentence, the 06 court shall impose, in addition to an active term of imprisonment imposed under (i) of 07 this section, a minimum period of (1) suspended imprisonment of five years and a 08 minimum period of probation supervision of 15 years for conviction of an unclassified 09 felony, (2) suspended imprisonment of three years and a minimum period of probation 10 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 11 imprisonment of two years and a minimum period of probation supervision of five 12 years for conviction of a class C felony. The period of probation is in addition to any 13 sentence received under (i) of this section and may not be suspended or reduced. 14 Upon a defendant's release from confinement in a correctional facility, the 15 defendant is subject to the probation requirement under this subsection and shall 16 submit and comply with the terms and requirements of the probation. 17 * Sec. 77. AS 12.55.135(a) is amended to read: 18 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 19 definite term of imprisonment of not more than 20 [(1)] one year [, IF THE 21 (A) CONVICTION IS FOR A CRIME WITH A 22 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 23 IMPRISONMENT; 24 (B) TRIER OF FACT FINDS THE AGGRAVATING 25 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 26 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 27 DEFINITION OF THE OFFENSE; 28 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 29 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 30 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 31 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;
01 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 02 DEGREE UNDER AS 11.41.230; OR 03 (E) CONVICTION IS FOR A VIOLATION OF 04 (i) AS 11.41.427; 05 (ii) AS 11.41.440; 06 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 07 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 08 (iv) AS 11.61.116(c)(2); OR 09 (v) AS 11.61.118(a)(2); 10 (2) 30 DAYS]. 11 * Sec. 78. AS 12.55.135(b) is amended to read: 12 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 13 definite term of imprisonment of not more than 90 14 [(1) 10] days unless otherwise specified in the provision of law 15 defining the offense [OR IN THIS SECTION; 16 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 17 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 18 OF AGE OR OLDER; OR 19 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 20 AGE OR OLDER; OR 21 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 22 AS 11.56.757]. 23 * Sec. 79. AS 12.55.145(a) is amended to read: 24 (a) For purposes of considering prior convictions in imposing sentence under 25 (1) AS 12.55.125(c), (d), or (e), 26 (A) a prior conviction may not be considered if a period of 10 27 or more years has elapsed between the date of the defendant's unconditional 28 discharge on the immediately preceding offense and commission of the present 29 offense unless the prior conviction was for an unclassified or class A felony; 30 (B) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a felony defined as such under Alaska law
01 at the time the offense was committed is considered a prior felony conviction; 02 (C) two or more convictions arising out of a single, continuous 03 criminal episode during which there was no substantial change in the nature of 04 the criminal objective are considered a single conviction unless the defendant 05 was sentenced to consecutive sentences for the crimes; offenses committed 06 while attempting to escape or avoid detection or apprehension after the 07 commission of another offense are not part of the same criminal episode or 08 objective; 09 (2) AS 12.55.125(l), 10 (A) a conviction in this or another jurisdiction of an offense 11 having elements similar to those of a most serious felony is considered a prior 12 most serious felony conviction; 13 (B) commission of and conviction for offenses relied on as 14 prior most serious felony offenses must occur in the following order: 15 conviction for the first offense must occur before commission of the second 16 offense, and conviction for the second offense must occur before commission 17 of the offense for which the defendant is being sentenced; 18 (3) AS 12.55.135(g), 19 (A) a prior conviction may not be considered if a period of five 20 or more years has elapsed between the date of the defendant's unconditional 21 discharge on the immediately preceding offense and commission of the present 22 offense unless the prior conviction was for an unclassified or class A felony; 23 (B) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a crime against a person or a crime 25 involving domestic violence is considered a prior conviction; 26 (C) two or more convictions arising out of a single, continuous 27 criminal episode during which there was no substantial change in the nature of 28 the criminal objective are considered a single conviction unless the defendant 29 was sentenced to consecutive sentences for the crimes; offenses committed 30 while attempting to escape or avoid detection or apprehension after the 31 commission of another offense are not part of the same criminal episode or
01 objective; 02 (4) AS 12.55.125(i), 03 (A) a conviction in this or another jurisdiction of an offense 04 having elements similar to those of a sexual felony is a prior conviction for a 05 sexual felony; 06 (B) a felony conviction in another jurisdiction making it a 07 crime to commit any lewd and lascivious act on [UPON] a child under the age 08 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual 09 desires of the defendant or the victim is a prior conviction for a sexual felony; 10 (C) two or more convictions arising out of a single, continuous 11 criminal episode during which there was no substantial change in the nature of 12 the criminal objective are considered a single conviction unless the defendant 13 was sentenced to consecutive sentences for the crimes; offenses committed 14 while attempting to escape or avoid detection or apprehension after the 15 commission of another offense are not part of the same criminal episode or 16 objective; 17 (D) a conviction in this or another jurisdiction of an offense 18 having elements similar to those of a felony defined as such under Alaska 19 law at the time the offense was committed is considered a prior felony 20 conviction 21 [(5) AS 12.55.135(a), 22 (A) A PRIOR CONVICTION MAY NOT BE CONSIDERED 23 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN 24 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE 25 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION 26 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS 27 FOR AN UNCLASSIFIED OR CLASS A FELONY; 28 (B) A CONVICTION IN THIS OR ANOTHER 29 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO 30 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH 31 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS
01 COMMITTED IS CONSIDERED A PRIOR CONVICTION; 02 (C) TWO OR MORE CONVICTIONS ARISING OUT OF A 03 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE 04 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE 05 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION 06 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE 07 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE 08 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR 09 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE 10 ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE]. 11 * Sec. 80. AS 12.55.185(10) is amended to read: 12 (10) "most serious felony" means 13 (A) arson in the first degree, sex trafficking in the first degree 14 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 15 AS 11.41.452(e), or any unclassified or class A felony prescribed under 16 AS 11.41; or 17 (B) an attempt, or conspiracy to commit, or criminal 18 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 19 AS 11.41; 20 * Sec. 81. AS 12.55.185(16) is amended to read: 21 (16) "sexual felony" means sexual assault in the first degree, sexual 22 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 23 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 24 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 25 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 26 distribution of child pornography, sexual assault in the third degree, incest, indecent 27 exposure in the first degree, possession of child pornography, [ONLINE] enticement 28 of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes; 29 * Sec. 82. AS 12.61.015 is amended by adding a new subsection to read: 30 (d) The prosecuting attorney shall notify a victim of a sex offense as defined 31 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if,
01 before trial, the offender of the victim is discharged from a treatment program for 02 noncompliance. 03 * Sec. 83. AS 12.61.050 is amended by adding a new subsection to read: 04 (c) Through the automated victim notification system established in (a) of this 05 section, the Department of Corrections shall notify a victim of a sex offense as defined 06 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of 07 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and 08 provide contact information for state victim resources, including the Council on 09 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence 10 and Sexual Assault, the Office of Victims' Rights, and the Violent Crimes 11 Compensation Board. This notification must occur when the offender of the victim is 12 released from incarceration or when the order under AS 12.55.015(l) expires, 13 whichever is later. 14 * Sec. 84. AS 12.63.010(d) is amended to read: 15 (d) A sex offender or child kidnapper required to register 16 (1) for 15 years under (a) of this section and AS 12.63.020 17 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 18 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 19 kidnapper's initial registration, provide written verification to the department, in the 20 manner required by the department, of the sex offender's or child kidnapper's address 21 and notice of any changes to the information previously provided under (b)(1) of this 22 section; 23 (2) for life under (a) of this section and AS 12.63.020 24 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 25 provide written verification to the department, in the manner required by the 26 department, of the sex offender's or child kidnapper's address and any changes to the 27 information previously provided under (b)(1) of this section. 28 * Sec. 85. AS 12.63.020 is amended to read: 29 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 30 register. (a) The duty of a sex offender or child kidnapper to comply with the 31 requirements of AS 12.63.010 is as follows:
01 (1) for a sex offender or child kidnapper, as that term is defined in 02 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 03 (A) [(1)] continues for the lifetime of a sex offender or child 04 kidnapper convicted of 05 (i) [(A)] one aggravated sex offense; or 06 (ii) [(B)] two or more sex offenses, two or more child 07 kidnappings, or one sex offense and one child kidnapping; for purposes 08 of this section, a person convicted of indecent exposure before a person 09 under 16 years of age under AS 11.41.460 more than two times has 10 been convicted of two or more sex offenses; 11 (B) [(2)] ends 15 years following the sex offender's or child 12 kidnapper's unconditional discharge from a conviction for a single sex offense 13 that is not an aggravated sex offense or for a single child kidnapping if the sex 14 offender or child kidnapper has supplied proof that is acceptable to the 15 department of the unconditional discharge; the registration period under this 16 subparagraph 17 (i) [PARAGRAPH (A)] is tolled for each year that a 18 sex offender or child kidnapper [(i)] fails to comply with the 19 requirements of this chapter or [; (ii)] is incarcerated for the offense or 20 kidnapping for which the offender or kidnapper is required to register 21 or for any other offense; 22 (ii) [(B)] may include the time a sex offender or child 23 kidnapper was absent from this state if the sex offender or child 24 kidnapper has complied with any sex offender or child kidnapper 25 registration requirements of the jurisdiction in which the offender or 26 kidnapper was located and if the sex offender or child kidnapper 27 provides the department with proof of the compliance while the sex 28 offender or child kidnapper was absent from this state; and 29 (iii) [(C)] continues for a sex offender or child 30 kidnapper who has not supplied proof acceptable to the department of 31 the offender's or kidnapper's unconditional discharge for the sex
01 offense or child kidnapping requiring registration; 02 (2) for a sex offender or child kidnapper, as that term is defined in 03 AS 12.63.100(6)(B), the duty continues for the period determined by the 04 department under (b) of this section. 05 (b) The department shall adopt, by regulation, 06 (1) procedures to notify a sex offender or child kidnapper 07 (A) who, on the registration form under AS 12.63.010, lists a 08 conviction for a sex offense or child kidnapping that is a violation of a former 09 law of this state or a law of another jurisdiction, of the duration of the 10 offender's or kidnapper's duty under (a) of this section for that sex offense or 11 child kidnapping; 12 (B) as that term is defined in AS 12.63.100(6)(B), of the 13 duration of the sex offender or child kidnapper's duty under (a) of this 14 section; in adopting regulations under this subparagraph, the department 15 shall 16 (i) consider the period of registration required in the 17 other jurisdiction; and 18 (ii) provide for tolling of the registration period if 19 the sex offender or child kidnapper fails to comply with the 20 requirements of this chapter or is incarcerated; 21 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 22 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 23 proof acceptable to the department of unconditional discharge and the date it occurred. 24 * Sec. 86. AS 12.63.100(6) is amended to read: 25 (6) "sex offender or child kidnapper" means 26 (A) a person convicted of a sex offense or child kidnapping in 27 this state or another jurisdiction regardless of whether the conviction occurred 28 before, after, or on January 1, 1999; or 29 (B) a person charged and convicted as an adult of an 30 offense that requires registration as a sex offender or child kidnapper in 31 another jurisdiction;
01 * Sec. 87. AS 12.63.100(7) is amended to read: 02 (7) "sex offense" means 03 (A) a crime under AS 11.41.100(a)(3), or a similar law of 04 another jurisdiction, in which the person committed or attempted to commit a 05 sexual offense, or a similar offense under the laws of the other jurisdiction; in 06 this subparagraph, "sexual offense" has the meaning given in 07 AS 11.41.100(a)(3); 08 (B) a crime under AS 11.41.110(a)(3), or a similar law of 09 another jurisdiction, in which the person committed or attempted to commit 10 one of the following crimes, or a similar law of another jurisdiction: 11 (i) sexual assault in the first degree; 12 (ii) sexual assault in the second degree; 13 (iii) sexual abuse of a minor in the first degree; or 14 (iv) sexual abuse of a minor in the second degree; 15 (C) a crime, or an attempt, solicitation, or conspiracy to commit 16 a crime, under the following statutes or a similar law of another jurisdiction: 17 (i) AS 11.41.410 - 11.41.438; 18 (ii) AS 11.41.440(a)(2); 19 (iii) AS 11.41.450 - 11.41.458; 20 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 21 exposure is before a person under 16 years of age and the offender has 22 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 23 (v) AS 11.61.125 - 11.61.128; 24 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 25 AS 26.05.900(b) if the person who was induced or caused to engage in 26 prostitution was under 20 years of age at the time of the offense; 27 (vii) former AS 11.15.120, former 11.15.134, or assault 28 with the intent to commit rape under former AS 11.15.160, former 29 AS 11.40.110, or former 11.40.200; 30 (viii) AS 11.61.118(a)(2) if the offender has a previous 31 conviction for that offense;
01 (ix) AS 11.66.100(a)(2) if the offender is subject to 02 punishment under AS 11.66.100(e); 03 (x) AS 26.05.890 if the person engaged in sexual 04 penetration or sexual contact with the victim; 05 (xi) AS 26.05.890 if, at the time of the offense, the 06 victim is under a duty to obey the lawful orders of the offender, 07 regardless of whether the offender is in the direct chain of command 08 over the victim; 09 (xii) AS 26.05.893 if the person engaged in sexual 10 penetration or sexual contact with the victim; 11 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 12 years of age at the time of the offense; [OR] 13 (xiv) AS 26.05.900 if, at the time of the offense, the 14 victim is under a duty to obey the lawful orders of the offender, 15 regardless of whether the offender is in the direct chain of command 16 over the victim; or 17 (xv) AS 11.61.123 if the offender is subject to 18 punishment under AS 11.61.123(f)(1) or (2); 19 (D) an offense, or an attempt, solicitation, or conspiracy to 20 commit an offense, under AS 26.05.935(b), or a similar law of another 21 jurisdiction, if the member of the militia commits one of the following 22 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 23 Code of Military Justice): 24 (i) child pornography; or 25 (ii) pandering and prostitution if the person who is 26 induced, enticed, caused, or procured to engage in a sexual act is under 27 20 years of age at the time of the offense; or 28 (E) an offense in which the person is required to register as 29 a sex offender under the laws of another jurisdiction; 30 * Sec. 88. AS 12.70.130 is amended to read: 31 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be
01 lawfully made by a peace officer or a private person without a warrant upon 02 reasonable information that the accused stands charged in the courts of another state 03 with a crime punishable by death or imprisonment for a term exceeding one year, but 04 when arrested the accused must be taken before a judge or magistrate without 05 unnecessary delay and, in any event, within 24 hours after arrest, absent compelling 06 circumstances, including Sundays and holidays, and complaint shall be made against 07 the accused under oath setting out the ground for the arrest as in AS 12.70.120. [THE 08 HEARING BEFORE THE JUDGE OR MAGISTRATE MAY NOT TAKE PLACE 09 MORE THAN 48 HOURS AFTER ARREST.] Thereafter the answer of the accused 10 shall be heard as if the accused had been arrested on a warrant. 11 * Sec. 89. AS 18.65.670(a) is amended to read: 12 (a) There is created in the Department of Public Safety a village public safety 13 officer program to assist local governments and villages through nonprofit regional 14 corporations, Alaska Native organizations, or municipalities to appoint, train, 15 supervise, and retain persons to serve as village public safety officers to administer 16 functions relative to 17 (1) the protection of life and property in rural areas of the state; and 18 (2) providing probation and parole supervision to persons under 19 supervision by communicating with and monitoring the activities and progress of these 20 persons at the direction of probation and parole officers. 21 * Sec. 90. AS 18.65.670(b) is amended to read: 22 (b) With funds appropriated for that purpose, the commissioner of public 23 safety shall provide grants to nonprofit regional corporations and Alaska Native 24 organizations for village public safety officers. If a nonprofit regional corporation for 25 a rural area or Alaska Native organization declines a grant under this subsection, the 26 commissioner may provide the grant to a municipality with a population of less than 27 10,000 willing to administer the grant for the rural area. Before awarding a grant to a 28 municipality, the commissioner shall consult with the nonprofit regional corporation 29 or Alaska Native organization that declined the grant. The commissioner of public 30 safety shall coordinate with the commissioner of corrections when providing grants 31 under this section, and the commissioners shall jointly execute an agreement with the
01 nonprofit regional corporations, Alaska Native organizations, or municipalities, as 02 appropriate. 03 * Sec. 91. AS 18.65.670(c) is amended to read: 04 (c) The commissioner of public safety may adopt regulations related to village 05 public safety officers, including minimum standards and training, criteria for 06 participation by a community, a municipality, an Alaska Native organization, or a 07 corporation [PARTICIPATION], and the interaction between the Department of 08 Public Safety and village public safety officers. Regulations adopted by the 09 commissioner of public safety under this subsection may not prohibit village public 10 safety officers who otherwise meet minimum standards and training from carrying 11 firearms. If the commissioner of public safety adopts regulations regarding training for 12 village public safety officers, at a minimum, that training must include disability 13 training that provides training in the subjects set out in AS 18.65.220(3). The 14 commissioner of corrections may adopt regulations related to the functions of village 15 public safety officers providing probation and parole supervision. 16 * Sec. 92. AS 18.65.670(e) is amended to read: 17 (e) In this section, 18 (1) "Alaska Native organization" means an organization listed in 19 AS 47.27.070(a); 20 (2) "rural area" means a community with a population of less than 21 1,000 within 22 (A) [(1)] the unorganized borough; or 23 (B) [(2)] a borough, if the community is not connected by road 24 to Anchorage or Fairbanks. 25 * Sec. 93. AS 28.15.161(a) is amended to read: 26 (a) The department shall cancel a driver's license upon determination that 27 (1) the licensee is not medically or otherwise entitled to the issuance or 28 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 29 (2) there is an error or defect in the license; 30 (3) the licensee failed to give the required or correct information in the 31 licensee's application;
01 (4) the license was obtained fraudulently; 02 (5) the licensee is restricted from purchasing alcoholic beverages under 03 AS 04.16.160; if a license is cancelled under this paragraph, when a new license is 04 issued, it must reflect that restriction and the requirements of AS 28.15.111 if the 05 period of restriction under AS 04.16.160 is still in effect; [OR] 06 (6) the licensee has a license issued under AS 28.15.046 and has been 07 convicted of an offense described in AS 28.15.046(c) or (d) that would disqualify the 08 licensee from obtaining a license under that section; or 09 (7) the licensee owes $1,000 or more in unpaid fines for offenses 10 involving a moving motor vehicle and failed to 11 (A) pay the fines in full as required by the court; or 12 (B) make payments in good faith on the unpaid balance of 13 the fines under a payment plan established by the department. 14 * Sec. 94. AS 28.15.291(a) is amended to read: 15 (a) A person commits the crime of driving while license canceled, suspended, 16 revoked, or in violation of a limitation if the person drives 17 (1) a motor vehicle on a highway or vehicular way or area at a time 18 when that person's driver's license, privilege to drive, or privilege to obtain a license 19 has been canceled, suspended, or revoked in this or [UNDER CIRCUMSTANCES 20 DESCRIBED IN AS 28.15.181(c) OR A SIMILAR LAW IN] another jurisdiction; 21 (2) a motor vehicle on a highway or vehicular way or area at a time 22 when that person's driver's license, privilege to drive, or privilege to obtain a license 23 has been canceled, suspended, or revoked under circumstances other than those 24 described in (1) of this subsection; or 25 (3) the person drives in violation of a limitation placed on that 26 person's license or privilege to drive in this or another jurisdiction. 27 * Sec. 95. AS 28.15.291(b) is amended to read: 28 (b) Driving while license canceled, suspended, revoked, or in violation of a 29 limitation is 30 [(1)] a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF 31 THIS SECTION]; upon conviction, the court shall impose a minimum sentence of
01 imprisonment of not less than 10 days 02 (1) [(A)] with 10 days suspended if the person has not been previously 03 convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or 04 (2) [(B)] if the person has been previously convicted under (a) [(a)(1)] 05 of this section or a similar law in another jurisdiction [; 06 (2) AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3) 07 OF THIS SECTION]. 08 * Sec. 96. AS 28.35.030(k) is amended to read: 09 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 10 community residential center or by electronic monitoring at a private residence 11 under AS 33.30.065. If a community residential center or electronic monitoring at a 12 private residence is not available, imprisonment required under (b)(1)(A) of this 13 section may [SHALL] be served at another appropriate place [A PRIVATE 14 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections. 15 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED 16 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A 17 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE 18 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO 19 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a), 20 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F) 21 of this section may be served at a community residential center or at a private 22 residence if approved by the commissioner of corrections. Imprisonment served at a 23 private residence must include electronic monitoring under AS 33.30.065 [OR, IF 24 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS 25 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 26 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be 27 paid to the state by the person being sentenced. The cost of imprisonment required to 28 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 29 the court shall include the costs of imprisonment as a part of the judgment of 30 conviction. Except for reimbursement from a permanent fund dividend as provided in 31 this subsection, payment of the cost of imprisonment is not required if the court
01 determines the person is indigent. For costs of imprisonment that are not paid by the 02 person as required by this subsection, the state shall seek reimbursement from the 03 person's permanent fund dividend as provided under AS 43.23.140. A person 04 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 05 community service work, as required by the director of the community residential 06 center or other appropriate place, or as required by the commissioner of corrections if 07 the sentence is being served at a private residence. In this subsection, "appropriate 08 place" means a facility with 24-hour on-site staff supervision that is specifically 09 adapted to provide a residence, and includes a correctional center, residential treatment 10 facility, hospital, halfway house, group home, work farm, work camp, or other place 11 that provides varying levels of restriction. 12 * Sec. 97. AS 28.35.030(o) is amended to read: 13 (o) Upon request, the department shall review a driver's license revocation 14 imposed under (n)(3) of this section and, unless the revocation was ordered under 15 (v) or (w) of this section or in a case in which the person was also convicted of a 16 crime under AS 11.41.100 - 11.41.210, 11.41.280, 11.41.282, or a similar law in 17 another jurisdiction, 18 (1) may restore the driver's license if 19 (A) the license has been revoked for a period of at least 10 20 years; 21 (B) the person has not been convicted of a driving-related 22 criminal offense or a felony in the 10 years preceding the request for 23 restoration of [SINCE] the license [WAS REVOKED]; and 24 (C) the person provides proof of financial responsibility; 25 (2) shall restore the driver's license if 26 (A) the person has been granted limited license privileges 27 under AS 28.15.201(g) and has successfully driven under that limited license 28 for three years without having the limited license privileges revoked; 29 (B) the person has successfully completed a court-ordered 30 treatment program under AS 28.35.028 or a rehabilitative treatment program 31 under AS 28.15.201(h);
01 (C) the person has not been convicted of a violation of 02 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 03 jurisdiction since the license was revoked; 04 (D) the person is otherwise eligible to have the person's driving 05 privileges restored as provided in AS 28.15.211; in an application under this 06 subsection, a person whose license was revoked for a violation of 07 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 08 required under AS 28.35.030(h) or 28.35.032(l); and 09 (E) the person provides proof of financial responsibility. 10 * Sec. 98. AS 28.35.030 is amended by adding new subsections to read: 11 (v) In addition to the penalties imposed under (n) of this section, if a person is 12 convicted under (n) of this section and has been convicted two or more times under (n) 13 of this section or a similar law of another jurisdiction at any time preceding the date of 14 the present offense, upon conviction, the court shall permanently revoke the person's 15 driver's license, privilege to drive, or privilege to obtain a license. 16 (w) In addition to the penalties imposed under (b) of this section, if a person is 17 convicted under (a) of this section and the person has previously had the person's 18 driver's license restored under (o) of this section or under AS 28.35.032(q), upon 19 conviction, the court shall permanently revoke the person's driver's license, privilege 20 to drive, or privilege to obtain a license. 21 * Sec. 99. AS 28.35.032(o) is amended to read: 22 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 23 community residential center or by electronic monitoring at a private residence 24 [BY ELECTRONIC MONITORING] under AS 33.30.065. If a community 25 residential center or electronic monitoring at a private residence is not available, 26 imprisonment required under (g)(1)(A) of this section may [SHALL] be served at 27 another appropriate place [A PRIVATE RESIDENCE BY OTHER MEANS AS] 28 determined by the commissioner of corrections. [A PERSON WHO IS SERVING A 29 SENTENCE OF IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS 30 SECTION BY ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY 31 NOT BE SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A
01 PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE 02 ELECTRONIC MONITORING UNDER AS 33.30.065(a), EXCEPT UPON 03 PROBABLE CAUSE.] Imprisonment required under (g)(1)(B) - (F) of this section 04 may be served at a community residential center or at a private residence if approved 05 by the commissioner of corrections. Imprisonment served at a private residence must 06 include electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC 07 MONITORING IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS 08 AS DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 09 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 10 paid to the state by the person being sentenced. The cost of imprisonment required to 11 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 12 the court shall include the costs of imprisonment as a part of the judgment of 13 conviction. Except for reimbursement from a permanent fund dividend as provided in 14 this subsection, payment of the cost of imprisonment is not required if the court 15 determines the person is indigent. For costs of imprisonment that are not paid by the 16 person as required by this subsection, the state shall seek reimbursement from the 17 person's permanent fund dividend as provided under AS 43.23.140. A person 18 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 19 community service work, as required by the director of the community residential 20 center or other appropriate place, or as required by the commissioner of corrections if 21 the sentence is being served at a private residence. In this subsection, "appropriate 22 place" means a facility with 24-hour on-site staff supervision that is specifically 23 adapted to provide a residence, and includes a correctional center, residential treatment 24 facility, hospital, halfway house, group home, work farm, work camp, or other place 25 that provides varying levels of restriction. 26 * Sec. 100. AS 28.35.032(q) is amended to read: 27 (q) Upon request, the department shall review a driver's license revocation 28 imposed under (p)(3) of this section and, unless the revocation was ordered in a 29 case in which the person was also convicted of a crime under AS 11.41.100 - 30 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction or the 31 revocation was ordered under AS 28.35.030(v) or (w), may restore the driver's
01 license if 02 (1) the license has been revoked for a period of at least 10 years; 03 (2) the person has not been convicted of a driving-related criminal 04 offense or a felony in the 10 years preceding the request for restoration of 05 [SINCE] the license [WAS REVOKED]; and 06 (3) the person provides proof of financial responsibility. 07 * Sec. 101. AS 28.35 is amended by adding a new section to read: 08 Sec. 28.35.191. Failure to use headlights. (a) A person commits the offense 09 of failure to use headlights if the person operates a motor vehicle on a road that is not 10 a designated traffic safety corridor under AS 19.10.075 without the use of motor 11 vehicle headlights 12 (1) between one half-hour after sunset and one half-hour before 13 sunrise; or 14 (2) at any other time when, because of insufficient light or other 15 atmospheric conditions, persons or motor vehicles are not clearly discernible at a 16 distance of 1,000 feet. 17 (b) A person operating a motor vehicle may not be required to use motor 18 vehicle headlights except as required in (a) of this section. 19 (c) Failure to use headlights is an infraction. 20 * Sec. 102. AS 33.05.010 is amended to read: 21 Sec. 33.05.010. Powers of commissioner. The commissioner shall administer 22 a probation system, [AND] enforce the probation laws in the superior court, and 23 provide supervision of defendants released while awaiting trial as ordered by the 24 court. 25 * Sec. 103. AS 33.05.020(h) is amended to read: 26 (h) The commissioner shall establish by regulation a program allowing 27 probationers to earn credits for complying with the conditions of probation. The 28 credits earned reduce the period of probation. Nothing in this subsection prohibits the 29 department from recommending to the court the early discharge of the probationer as 30 provided in AS 33.30. At a minimum, the regulations must 31 (1) require that a probationer earn a credit of 10 [30] days for each 30-
01 day period served in which the defendant complied with the conditions of probation; 02 (2) include policies and procedures for 03 (A) calculating and tracking credits earned by probationers; 04 (B) reducing the probationer's period of probation based on 05 credits earned by the probationer; and 06 (C) notifying a victim under AS 33.30.013; 07 (3) require that a probationer convicted of [A SEX OFFENSE AS DEFINED IN 08 AS 12.63.100 OR] a crime involving domestic violence as defined in AS 18.66.990 complete 09 all treatment programs required as a condition of probation before discharge based on credits 10 earned under this subsection. 11 * Sec. 104. AS 33.05.020 is amended by adding new subsections to read: 12 (i) A probationer may not be enrolled in the program established under (h) of 13 this section if the probationer is on probation for 14 (1) an unclassified felony; 15 (2) a sex offense as defined in AS 12.63.100; 16 (3) a felony crime against a person under AS 11.41; 17 (4) a crime involving domestic violence, as defined in AS 18.66.990, 18 that is an offense under AS 11.41. 19 (j) The commissioner shall appoint and make available to the superior court 20 and district court qualified pretrial services officers under AS 33.05.040(a)(11) and 21 assign pretrial services officers to each judicial district for the supervision of 22 defendants released while awaiting trial as ordered by the court. 23 (k) The commissioner may, in accordance with AS 36.30, procure and enter 24 into agreements or contracts for the supervision of defendants on electronic 25 monitoring during the pretrial period. 26 * Sec. 105. AS 33.05.030(a) is amended to read: 27 (a) All probation officers made available to the courts under this chapter shall 28 be officers of the superior and district courts [COURT] and subject to the authority 29 of the superior and district courts [COURT]. 30 * Sec. 106. AS 33.05.040(a) is amended to read: 31 (a) A probation officer shall
01 (1) furnish to each probationer under the supervision of the officer a 02 written statement of the conditions of probation and shall instruct the probationer 03 regarding the same; 04 (2) keep informed concerning the conduct and condition of each 05 probationer under the supervision of the officer and shall report on the probationer to 06 the court placing that person on probation; 07 (3) use all suitable methods, not inconsistent with the conditions 08 imposed by the court, to aid probationers and to bring about improvements in their 09 conduct and condition; 10 (4) keep records of the probation work, including administrative 11 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 12 accurate and complete accounts of all money collected from persons under the 13 supervision of the officer, give receipts for money collected and make at least monthly 14 returns of it, make the reports to the court and the commissioner required by them, and 15 perform other duties the court may direct; 16 (5) perform duties with respect to persons on parole as the 17 commissioner shall request, and in that service shall be termed a parole officer; 18 (6) use administrative sanctions and incentives developed under 19 AS 33.05.020(g) to respond to a probationer's negative and positive behavior [, 20 INCLUDING RESPONSES TO TECHNICAL VIOLATIONS OF CONDITIONS OF 21 PROBATION,] in a way that is intended to interrupt negative behavior in a swift, 22 certain, and proportional manner and support progress with a recognition of positive 23 behavior; 24 (7) upon determining that a probationer under the supervision of the 25 officer meets the requirements of AS 12.55.090(g), consider recommending 26 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 27 terminated and the probationer be discharged from probation; 28 (8) for each probationer who owes restitution and who is under the 29 supervision of the officer, create a restitution payment schedule based on the 30 probationer's income and ability to pay if the court has not already set a restitution 31 payment schedule;
01 (9) accommodate the diligent efforts of each probationer to secure and 02 maintain steady employment or to participate in educational courses or training 03 programs when prescribing the times at which a probationer shall report; 04 (10) permit each probationer to travel in the state to make diligent 05 efforts to secure and maintain steady employment or to participate in educational 06 courses or training programs if the travel is not inconsistent with other terms and 07 conditions of probation; 08 (11) perform duties with respect to persons on pretrial release as 09 the commissioner requests; in that service, the probation officer shall be 10 considered to be acting as a pretrial services officer for the purposes of 11 AS 33.05.045; 12 (12) report on the probationer by making a recommendation to 13 the court to revoke probation or to maintain existing probation conditions when 14 a petition to revoke probation is filed. 15 * Sec. 107. AS 33.05 is amended by adding a new section to read: 16 Sec. 33.05.045. Duties of probation officers when acting as pretrial services 17 officers. A probation officer acting as a pretrial services officer shall 18 (1) upon order of the court and request by the commissioner, supervise 19 a defendant released while awaiting trial, which may include the supervision of 20 electronic monitoring; 21 (2) conduct a pretrial risk assessment using an instrument approved by 22 the commissioner for all defendants detained in custody in a correctional facility 23 following arrest and for any defendant for whom the prosecution requests to have a 24 pretrial risk assessment at the next hearing or arraignment; 25 (3) if the probation officer acting as a pretrial services officer has 26 probable cause to believe the defendant has committed an offense under AS 11.56.730 27 or 11.56.757 or has violated the defendant's release conditions, file a complaint with 28 the court and 29 (A) arrest, with or without a warrant, a defendant who has been 30 released while awaiting trial; or 31 (B) request the court to issue a warrant related to any violation
01 of the defendant's release conditions; 02 (4) refer interested defendants for substance abuse screening, 03 assessment, and treatment on a voluntary basis and assist any defendant whose offense 04 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 05 controlled substances with accessing and obtaining appropriate treatment in the 06 community to address those needs. 07 * Sec. 108. AS 33.16.010(c) is amended to read: 08 (c) Except as provided in (g) of this section, a [A] prisoner who is not 09 eligible for special medical or discretionary parole, or who is not released on special 10 medical or discretionary parole, shall be released on mandatory parole for the term of 11 good time deductions credited under AS 33.20, if the term or terms of imprisonment 12 are two years or more. 13 * Sec. 109. AS 33.16.010 is amended by adding a new subsection to read: 14 (g) A prisoner is not eligible for mandatory parole if the prisoner has been 15 convicted of a crime under AS 11.41.100, 11.41.110, or AS 11.41.120. 16 * Sec. 110. AS 33.16.060(a) is amended to read: 17 (a) The board shall 18 (1) serve as the parole authority for the state; 19 (2) upon receiving a prisoner's application, consider the suitability 20 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary 21 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF 22 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] 23 special medical parole; 24 (3) impose parole conditions on all prisoners released under special 25 medical, discretionary, or mandatory parole; 26 (4) under AS 33.16.210, discharge a person from parole when custody 27 is no longer required; 28 (5) maintain records of the meetings and proceedings of the board; 29 (6) recommend to the governor and the legislature changes in the law 30 administered by the board; 31 (7) recommend to the governor or the commissioner changes in the
01 practices of the department and of other departments of the executive branch 02 necessary to facilitate the purposes and practices of parole; 03 (8) upon request of the governor, review and recommend applicants 04 for executive clemency; and 05 (9) execute other responsibilities prescribed by law. 06 * Sec. 111. AS 33.16.090(a) is amended to read: 07 (a) A prisoner sentenced to an active term of imprisonment of at least 181 08 days may, in the discretion of the board, be released on discretionary parole if the 09 prisoner 10 (1) has served the amount of time specified under (b) of this section, 11 except that 12 (A) a prisoner sentenced to one or more mandatory 99-year 13 terms under AS 12.55.125(a) or one or more definite terms under 14 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 15 (B) a prisoner is not eligible for consideration of discretionary 16 parole if made ineligible by order of a court under AS 12.55.115; 17 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 18 for discretionary parole unless the actual term of imprisonment is more than 19 one year; 20 (D) a prisoner sentenced to a single sentence within or 21 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) 22 and (4), or (i) who has not been allowed by the three-judge panel under 23 AS 12.55.175 to be considered for discretionary parole release is not 24 eligible for consideration of discretionary parole; 25 (E) a prisoner sentenced to a single sentence, including a 26 consecutive or partially consecutive sentence, that is not eligible for a good 27 time deduction under AS 33.20.010(a)(3) and that has not been allowed by 28 the three-judge panel under AS 12.55.175 to be considered for 29 discretionary parole release is not eligible for consideration of 30 discretionary parole; or 31 (2) is at least 60 years of age, has served at least 10 years of a sentence
01 for one or more crimes in a single judgment, and has not been convicted of an 02 unclassified felony or a sexual felony as defined in AS 12.55.185. 03 * Sec. 112. AS 33.16.090(b) is amended to read: 04 (b) A prisoner eligible under (a)(1) of this section who is sentenced 05 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 06 released on discretionary parole until the prisoner has served the mandatory minimum 07 term under AS 12.55.125(a) or (b), 08 (A) two-thirds of the active term of imprisonment imposed, 09 or any term set under AS 12.55.115, whichever is greatest, for a conviction 10 under AS 11.41.100, 11.41.110, or 11.41.120; 11 (B) one-half [ONE-THIRD] of the active term of 12 imprisonment imposed, or any term set under AS 12.55.115, whichever is 13 greatest, for a conviction for an offense not listed in (A) of this paragraph; 14 (2) [TO A SINGLE SENTENCE WITHIN OR BELOW A 15 PRESUMPTIVE RANGE SET OUT IN AS 12.55.125(i)(1) AND (2), AND HAS 16 NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER AS 12.55.175 17 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT 18 BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER HAS 19 SERVED THE TERM IMPOSED, LESS GOOD TIME EARNED UNDER 20 AS 33.20.010; 21 (3)] to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 22 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 23 AS 12.55.175 to be considered for discretionary parole release during the second half 24 of the sentence, may not be released on discretionary parole until 25 (A) the prisoner has served that portion of the active term of 26 imprisonment required by the three-judge panel; and 27 (B) in addition to the factors set out in AS 33.16.100(a), the 28 board determines that 29 (i) the prisoner has successfully completed all 30 rehabilitation programs ordered by the three-judge panel that were 31 made available to the prisoner; and
01 (ii) the prisoner would not constitute a danger to the 02 public if released on parole; 03 (3) [(4)] to a single enhanced sentence under AS 12.55.155(a) that is 04 above the applicable presumptive range may not be released on discretionary parole 05 until the prisoner has served the greater of the following: 06 (A) an amount of time, less good time earned under 07 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 08 of the amount of time above the presumptive range; or 09 (B) any term set under AS 12.55.115; 10 (4) [(5)] to a single sentence under any other provision of law may not 11 be released on discretionary parole until the prisoner has served at least one-fourth of 12 the active term of imprisonment, any mandatory minimum sentence imposed under 13 any provision of law, or any term set under AS 12.55.115, whichever is greatest; 14 (5) [(6)] to concurrent sentences may not be released on discretionary 15 parole until the prisoner has served the greatest of 16 (A) any mandatory minimum sentence or sentences imposed 17 under any provision of law; 18 (B) any term set under AS 12.55.115; or 19 (C) the amount of time that is required to be served under (1) - 20 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary 21 crime, had that been the only sentence imposed; 22 (6) [(7)] to consecutive or partially consecutive sentences may not be 23 released on discretionary parole until the prisoner has served the greatest of 24 (A) the composite total of any mandatory minimum sentence or 25 sentences imposed under any provision of law, including AS 12.55.127; 26 (B) any term set under AS 12.55.115; or 27 (C) the amount of time that is required to be served under (1) - 28 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary 29 crime, had that been the only sentence imposed, plus one-quarter of the 30 composite total of the active term of imprisonment imposed as consecutive or 31 partially consecutive sentences imposed for all crimes other than the primary
01 crime; 02 (7) [(8)] to a single sentence under AS 12.55.125(d) for an offense 03 under AS 11.71.030(a)(2) or (9) [AS 12.55.125(i)(3) AND (4)], and has not been 04 allowed by the three-judge panel under AS 12.55.175 to be considered for 05 discretionary parole release, may not be released on discretionary parole until the 06 prisoner has served [, AFTER A DEDUCTION FOR GOOD TIME EARNED 07 UNDER AS 33.20.010,] one-half of the active term of imprisonment imposed. 08 * Sec. 113. AS 33.16.100(a) is amended to read: 09 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 10 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 11 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 12 exists that 13 (1) the prisoner will live and remain at liberty without violating any 14 laws or conditions imposed by the board; 15 (2) the prisoner's rehabilitation and reintegration into society will be 16 furthered by release on parole; 17 (3) the prisoner will not pose a threat of harm to the public if released 18 on parole; and 19 (4) release of the prisoner on parole would not diminish the 20 seriousness of the crime. 21 * Sec. 114. AS 33.16.100 is amended by adding a new subsection to read: 22 (h) If the board considers an application for discretionary parole and denies 23 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 24 board may make the prisoner ineligible for further consideration of discretionary 25 parole or require that additional time be served before the prisoner is again eligible for 26 consideration for discretionary parole. 27 * Sec. 115. AS 33.16.130(a) is repealed and reenacted to read: 28 (a) A prisoner eligible for discretionary parole may apply to the board for 29 discretionary parole. As part of the application for parole, the prisoner shall submit to 30 the board a parole release plan that includes information concerning the prisoner's plan 31 for employment, residence, and rehabilitation if released on parole.
01 * Sec. 116. AS 33.16.130(b) is amended to read: 02 (b) Before the board determines a prisoner's suitability for discretionary 03 parole, the prisoner is entitled to a hearing before the board. The commissioner or 04 the commissioner's designee shall furnish to the prisoner a copy of the preparole 05 reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all 06 records that the board will consider in making its decision except those that are made 07 confidential by law. The prisoner may also respond in writing to all materials the 08 board considers, be present at the hearing, and present evidence to the board. 09 * Sec. 117. AS 33.16.170 is amended by adding a new subsection to read: 10 (d) Except for portions containing personal medical, mental health, or 11 substance abuse treatment information or information that is otherwise required to be 12 kept confidential by state or federal law, decisions of the board, orders for parole, and 13 parole conditions imposed by the board are not confidential. The board shall post all 14 decisions, orders of parole, and conditions imposed on a publicly available Internet 15 website with any confidential portions redacted. 16 * Sec. 118. AS 33.16.190 is amended to read: 17 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and 18 probation officers. An officer appointed by the commissioner under AS 33.05.020(a) 19 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or 20 this chapter. 21 * Sec. 119. AS 33.16.210(c) is amended to read: 22 (c) At the discretion of a parole officer, a [A] parole officer may [SHALL] 23 recommend to the board early discharge for a parolee who 24 (1) has completed at least one year on parole; 25 (2) has completed all treatment programs required as a condition of 26 parole; 27 (3) is currently in compliance with all conditions of parole for all 28 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN 29 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST 30 ONE YEAR]; and 31 (4) has not been convicted of
01 (A) an unclassified felony offense under AS 11; 02 (B) a sexual felony as defined in AS 12.55.185; or 03 (C) a crime involving domestic violence as defined in 04 AS 18.66.990. 05 * Sec. 120. AS 33.16.220(b) is amended to read: 06 (b) Except as provided in (e) of this section, within 15 working days after the 07 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 08 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 09 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 10 designee shall determine if there is probable cause to believe that the parolee violated 11 the conditions of parole and, when probable cause exists, whether the parolee should 12 be released pending a final revocation hearing. A finding of probable cause at a 13 preliminary hearing in a criminal case is conclusive proof of probable cause that a 14 parole violation occurred. 15 * Sec. 121. AS 33.16.220(i) is amended to read: 16 (i) If, after the final revocation hearing, the board finds that the parolee has 17 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 18 ordinance, the board may revoke all or a portion of the remaining period of parole 19 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 20 of parole. A parolee's period of parole is tolled from the date of filing with the parole 21 board of a violation report until the date of the final revocation hearing [FOR 22 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 23 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 24 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 25 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 26 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 27 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 28 TOLLED AS DESCRIBED IN THIS SECTION]. 29 * Sec. 122. AS 33.16.270 is amended to read: 30 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 31 by regulation a program allowing parolees to earn credits for complying with the
01 conditions of parole. The earned compliance credits reduce the period of parole. 02 Nothing in this section prohibits the department from recommending to the board the 03 early discharge of the parolee as provided in this chapter. At a minimum, the 04 regulations must 05 (1) require that a parolee earn a credit of 10 [30] days for each 30-day 06 period served in which the parolee complied with the conditions of parole; 07 (2) include policies and procedures for 08 (A) calculating and tracking credits earned by parolees; 09 (B) reducing the parolee's period of parole based on credits 10 earned by the parolee and notifying a victim under AS 33.30.013; 11 (3) require that a parolee convicted of [A SEX OFFENSE AS DEFINED IN AS 12.63.100 12 OR] a crime involving domestic violence complete all treatment programs required as a 13 condition of parole before discharge based on credits earned under this section. 14 * Sec. 123. AS 33.16.270 is amended by adding a new subsection to read: 15 (b) A parolee may not earn credits under (a) of this section if the parolee is on 16 parole for 17 (1) an unclassified felony; 18 (2) a sex offense as defined in AS 12.63.100; 19 (3) a felony crime against a person under AS 11.41; 20 (4) a crime involving domestic violence, as defined in AS 18.66.990, 21 that is an offense under AS 11.41. 22 * Sec. 124. AS 33.20.010(a) is amended to read: 23 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 24 convicted of an offense against the state or a political subdivision of the state and 25 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 26 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 27 follows the rules of the correctional facility in which the prisoner is confined. A 28 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 29 (1) to a mandatory 99-year term of imprisonment under 30 AS 12.55.125(a) after June 27, 1996; 31 (2) to a definite term under AS 12.55.125(l);
01 (3) for a sexual felony under AS 12.55.125(i) 02 (A) and has one or more prior sexual felony convictions as 03 determined under AS 12.55.145(a)(4); or 04 (B) that is an unclassified or a class A felony; [OR] 05 (4) for an unclassified felony under AS 11.41.100 or 11.41.110; or 06 (5) for a class A felony under AS 11.41.120 [TO A DEFINITE 07 TERM OF IMPRISONMENT OF NOT MORE THAN 10 DAYS FOR A 08 TECHNICAL VIOLATION OF AS 12.55.110(c) OR AS 33.16.215]. 09 * Sec. 125. AS 33.20.010(c) is repealed and reenacted to read: 10 (c) A prisoner may not be awarded a good time deduction under (a) of this 11 section for any period spent in a treatment program, in a private residence, or on 12 electronic monitoring. 13 * Sec. 126. AS 33.30.011(a) is amended to read: 14 (a) The commissioner shall 15 (1) establish, maintain, operate, and control correctional facilities 16 suitable for the custody, care, and discipline of persons charged or convicted of 17 offenses against the state or held under authority of state law; each correctional facility 18 operated by the state shall be established, maintained, operated, and controlled in a 19 manner that is consistent with AS 33.30.015; 20 (2) classify prisoners; 21 (3) for persons committed to the custody of the commissioner, 22 establish programs, including furlough programs that are reasonably calculated to 23 (A) protect the public and the victims of crimes committed by 24 prisoners; 25 (B) maintain health; 26 (C) create or improve occupational skills; 27 (D) enhance educational qualifications; 28 (E) support court-ordered restitution; and 29 (F) otherwise provide for the rehabilitation and reformation of 30 prisoners, facilitating their reintegration into society; 31 (4) provide necessary
01 (A) medical services for prisoners in correctional facilities or 02 who are committed by a court to the custody of the commissioner, including 03 examinations for communicable and infectious diseases; 04 (B) psychological or psychiatric treatment if a physician or 05 other health care provider, exercising ordinary skill and care at the time of 06 observation, concludes that 07 (i) a prisoner exhibits symptoms of a serious disease or 08 injury that is curable or may be substantially alleviated; and 09 (ii) the potential for harm to the prisoner by reason of 10 delay or denial of care is substantial; and 11 (C) assessment or screening of the risks and needs of offenders 12 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 13 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 14 disorder; 15 (5) establish minimum standards for sex offender treatment programs 16 offered to persons who are committed to the custody of the commissioner; 17 (6) provide for fingerprinting in correctional facilities in accordance 18 with AS 12.80.060; 19 (7) establish a program to conduct assessments of the risks and needs 20 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 21 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 22 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 23 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 24 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 25 requirement for an assessment before a prisoner's release on parole, furlough, or 26 electronic monitoring from a correctional facility; 27 (8) establish a procedure that provides for each prisoner required to 28 serve an active term of imprisonment of 90 [30] days or more a written case plan that 29 (A) takes effect and is provided to the prisoner within 90 days 30 after sentencing; 31 (B) is based on the results of the assessment of the prisoner's
01 risks and needs under (7) of this subsection; 02 (C) includes a requirement to follow the rules of the institution; 03 (D) is modified when necessary for changes in classification, 04 housing status, medical or mental health, and resource availability; 05 (E) includes participation in programming that addresses the 06 needs identified in the assessment; 07 (9) establish a program to begin reentry planning with each prisoner 08 serving an active term of imprisonment of 90 days or more; reentry planning must 09 begin at least 90 days before release on furlough or probation or parole; the reentry 10 program must include 11 (A) a written reentry plan for each prisoner completed upon 12 release on furlough or probation or parole that includes information on the 13 prisoner's proposed 14 (i) residence; 15 (ii) employment or alternative means of support; 16 (iii) treatment options; 17 (iv) counseling services; 18 (v) education or job training services; 19 (B) any other requirements for successful transition back to the 20 community, including electronic monitoring or furlough for the period between 21 a scheduled parole hearing and parole eligibility; 22 (C) coordination with the Department of Labor and Workforce 23 Development to provide access, after release, to job training and employment 24 assistance; and 25 (D) coordination with community reentry coalitions or 26 other providers of reentry services if available; 27 (10) for offenders under electronic monitoring, establish 28 (A) minimum standards for electronic monitoring, which may 29 include the requirement of active, real-time monitoring using global 30 positioning systems; and 31 (B) procedures for oversight and approving electronic
01 monitoring programs and systems provided by private contractors; [AND] 02 (11) assist a prisoner in obtaining a valid state identification card if the 03 prisoner does not have a valid state identification card before the prisoner's release; the 04 department shall pay the application fee for the identification card; and 05 (12) provide to the legislature, by electronic means, by January 10 06 preceding the first regular session of each legislature, a report summarizing the 07 findings and results of the program established under (7) of this subsection; the 08 report must include 09 (A) the number of prisoners who were provided with 10 written case plans under (8) of this subsection; 11 (B) the number of written case plans under (8) of this 12 subsection initiated within the preceding year; and 13 (C) the number of written case plans under (8) of this 14 subsection that were updated in the preceding year. 15 * Sec. 127. AS 34.03.360(7) is amended to read: 16 (7) "illegal activity involving a controlled substance" means a violation 17 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - 18 (8)], or 11.71.040(a)(1), (2), or (5); 19 * Sec. 128. AS 44.19.645(g) is amended to read: 20 (g) The Department of Corrections shall report quarterly to the working group 21 authorized in (b)(3) of this section. The report shall include the following information: 22 (1) data on pretrial decision making and outcomes, including 23 information on pretrial detainees admitted for a new criminal charge; detainees 24 released at any point before case resolution; time spent detained before first release or 25 case resolution; pretrial defendant risk level and charge; [PRETRIAL RELEASE 26 RECOMMENDATIONS MADE BY PRETRIAL SERVICES OFFICERS;] pretrial 27 conditions imposed on pretrial detainees by judicial officers, including amount of bail, 28 and supervision conditions; and information on pretrial outcomes, including whether 29 or not the defendant appeared in court or was re-arrested during the pretrial period; 30 (2) data on offenders admitted to the Department of Corrections for a 31 new criminal conviction, including the offense type, number of prior felony
01 convictions, sentence length, and length of stay; 02 (3) data on the population of the Department of Corrections, using a 03 one-day snapshot on the first day of the first month of each quarter, broken down by 04 type of admission, offense type, and risk level; 05 (4) data on offenders on probation supervised by the Department of 06 Corrections, including the total number of offenders supervised using a one-day 07 snapshot on the first month of each quarter; admissions to probation; assignments to a 08 program under AS 33.05.020(f); probation sentence length; time served on the 09 sentence; whether probation was successfully completed, any new convictions for a 10 felony offense, and any sentences to a term of imprisonment while on probation; 11 (5) data on parole, including the number of offenders supervised on 12 parole, using a one-day snapshot on the first month of each quarter; the number of 13 parole hearings; the parole grant rate and number of parolees released on discretionary 14 and special medical parole; and information on parolees, including time spent on 15 parole, whether parole was successfully completed, any new convictions for a new 16 felony offense, and any sentences to a term of imprisonment while on parole; 17 (6) data on the implementation of policies from the 2015 justice 18 reinvestment report, including the number and percentage of offenders who earn 19 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 20 and the total amount of credits earned; the average number of sanctions issued under 21 as 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 22 common violations of probation or parole; and 23 (7) data on probation and parole revocations, including information on 24 probationers and parolees admitted for a supervision violation pre-case and post-case 25 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A 26 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the 27 number of previous revocations on the current sentence, if any; the length of time held 28 pre-case resolution; the length of time to case resolution; and the length of stay. 29 * Sec. 129. AS 44.19.647(a) is amended to read: 30 (a) The commission shall submit to the governor and the legislature an annual 31 report. The report must include
01 (1) a description of its proceedings for the previous calendar year; 02 (2) a summary of savings and recommendations on how savings from 03 criminal justice reform should be reinvested to reduce recidivism; 04 (3) performance metrics and outcomes from the recommendations the 05 commission made in its December 2015 report, including recidivism rates, defined as 06 (A) the percentage of inmates who return to prison within three 07 years after release, broken down by offense type and risk level; and 08 (B) the percentage of inmates who return to prison within three 09 years after release for a new criminal conviction, broken down by offense type 10 and risk level; [AND] 11 (4) recommendations for additional reforms, which may include 12 recommendations for legislative and administrative action; and 13 (5) data reported by the Department of Law under AS 44.23.040. 14 * Sec. 130. AS 44.23.020 is amended by adding a new subsection to read: 15 (k) The attorney general, in consultation with the commissioner of public 16 safety, shall 17 (1) develop a tool to track felony sex offenses reported to the 18 Department of Public Safety by geographic location; the tracking tool must include a 19 means to record the reason a reported offense was not referred for prosecution or, if 20 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex 21 offense charged as a felony resulted in a conviction of an offense other than a sex 22 offense under a plea agreement; 23 (2) develop regulations and procedures to implement the requirements 24 established under (1) of this subsection; and 25 (3) provide training for the implementation of the regulations and 26 procedures established under (2) of this subsection in each state department as 27 necessary. 28 * Sec. 131. AS 44.23.040 is amended by adding a new subsection to read: 29 (b) The Department of Law, in consultation with the Department of Public 30 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial 31 Council. The data must include
01 (1) the number of felony sex offenses reported to the Department of 02 Public Safety that were not referred for prosecution; 03 (2) the number of felony sex offenses referred for prosecution that 04 were not prosecuted; 05 (3) the number of felony sex offenses that resulted in a conviction for a 06 crime other than a sex offense; and 07 (4) the number of sex offenses referred for prosecution that were 08 charged as a felony and, under a plea agreement, resulted in a conviction for a crime 09 other than a sex offense. 10 * Sec. 132. AS 44.41 is amended by adding a new section to read: 11 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 12 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 13 (1) within 30 days after the agency collects the sexual assault 14 examination kit, send the sexual assault examination kit to an accredited laboratory in 15 coordination with the Department of Public Safety or a laboratory operated by the 16 Department of Public Safety; 17 (2) ensure that the laboratory to which the sexual assault examination 18 kit is sent under (1) of this subsection conducts a serological or DNA test on the 19 sexual assault examination kit within one year after the laboratory receives the sexual 20 assault examination kit; and 21 (3) within two weeks after the laboratory that receives the sexual 22 assault examination kit under (1) of this subsection completes serological or DNA 23 testing, make a reasonable effort to notify the victim from whom the sexual assault 24 examination kit was collected that the sexual assault examination kit has been tested. 25 (b) A criminal action may not be dismissed nor the evidence deemed 26 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 27 this section. 28 (c) If a case is resolved before a sexual assault examination kit is tested, a law 29 enforcement agency is not required to meet the time limits established in (a) of this 30 section. 31 (d) In this section,
01 (1) "law enforcement agency" and "agency" have the meaning given to 02 "law enforcement agency" in AS 12.36.090; 03 (2) "victim" has the meaning given in AS 11.41.470. 04 * Sec. 133. AS 44.41.070(a) is amended to read: 05 (a) By September 1 of each year, each law enforcement agency and state 06 department charged with the maintenance, storage, and preservation of sexual assault 07 examination kits shall conduct an inventory of untested sexual assault examination kits 08 and report, in writing, to the Department of Public Safety the number of untested 09 sexual assault examination kits in the possession of the agency or department, the 10 number of sexual assault examination kits that the law enforcement agency or 11 state department has determined are ineligible for testing under (e) of this 12 section, with the reason or reasons the untested sexual assault examination kits 13 were determined to be ineligible for testing, and the date on which each untested 14 sexual assault examination kit was collected. 15 * Sec. 134. AS 44.41.070(b) is amended to read: 16 (b) By November 1 of each year, the Department of Public Safety shall 17 prepare and transmit a report to the president of the senate and the speaker of the 18 house of representatives that contains 19 (1) the number of untested sexual assault examination kits stored by 20 each law enforcement agency or department and the number of sexual assault 21 examination kits that the law enforcement agency or state department has 22 determined are ineligible for testing under (e) of this section, with the reason or 23 reasons the untested sexual assault examination kits were determined to be 24 ineligible for testing; 25 (2) the date each untested sexual assault examination kit was collected; 26 and 27 (3) a plan for addressing the backlog and prevention of a backlog of 28 untested sexual assault examination kits. 29 * Sec. 135. AS 44.41.070 is amended by adding a new subsection to read: 30 (e) A sexual assault examination kit is ineligible for testing if the law 31 enforcement agency or state department finds that the sexual assault examination kit
01 (1) is scientifically unviable; 02 (2) does not meet eligibility requirements for inclusion in the 03 Combined DNA Index System database; or 04 (3) was collected from a person who reported a sexual assault 05 anonymously. 06 * Sec. 136. AS 47.12.315(a) is amended to read: 07 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 08 section, the department shall disclose information to the public, on request, concerning 09 a minor subject to this chapter who was at least 13 years of age at the time of 10 commission of 11 (1) a felony offense against a person under AS 11.41; 12 (2) arson in the first or second degree; 13 (3) burglary in the first degree; 14 (4) distribution of child pornography; 15 (5) sex trafficking in the first degree; 16 (6) misconduct involving a controlled substance in the first, [OR] 17 second, or third degrees involving distribution or possession with intent to deliver; or 18 (7) misconduct involving weapons in the first through fourth degrees. 19 * Sec. 137. AS 47.17.020(a) is amended to read: 20 (a) The following persons who, in the performance of their occupational 21 duties, their appointed duties under (8) of this subsection, or their volunteer duties 22 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 23 harm as a result of child abuse or neglect shall immediately report the harm to the 24 nearest office of the department and, if the harm appears to be a result of a 25 suspected sex offense, shall immediately report the harm to the nearest law 26 enforcement agency: 27 (1) practitioners of the healing arts; 28 (2) school teachers and school administrative staff members, including 29 athletic coaches, of public and private schools; 30 (3) peace officers and officers of the Department of Corrections; 31 (4) administrative officers of institutions;
01 (5) child care providers; 02 (6) paid employees of domestic violence and sexual assault programs, 03 and crisis intervention and prevention programs as defined in AS 18.66.990; 04 (7) paid employees of an organization that provides counseling or 05 treatment to individuals seeking to control their use of drugs or alcohol; 06 (8) members of a child fatality review team established under 07 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 08 under AS 47.14.300; [.] 09 (9) volunteers who interact with children in a public or private school 10 for more than four hours a week. 11 * Sec. 138. AS 47.17.020(e) is amended to read: 12 (e) The department shall immediately notify the nearest law enforcement 13 agency if the department 14 (1) concludes that the harm was caused by a person who is not 15 responsible for the child's welfare; 16 (2) is unable to determine 17 (A) who caused the harm to the child; or 18 (B) whether the person who is believed to have caused the 19 harm has responsibility for the child's welfare; or 20 (3) concludes that the report involves 21 (A) possible criminal sex abuse or sex offenses [CONDUCT] 22 under AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.118(a)(2), 23 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed 24 by a minor against a minor; or 25 (B) abuse or neglect that results in the need for medical 26 treatment of the child. 27 * Sec. 139. AS 47.17.020(g) is amended to read: 28 (g) A person required to report child abuse or neglect under (a) of this section 29 who makes the report to the person's job supervisor or to another individual working 30 for the entity that employs the person is not relieved of the obligation to make a [THE] 31 report [TO THE DEPARTMENT AS] required under (a) of this section.
01 * Sec. 140. AS 47.17.290 is amended by adding a new paragraph to read: 02 (18) "sex offense" has the meaning given in AS 12.63.100. 03 * Sec. 141. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 06 Criminal Procedure, is amended to read: 07 (6) When a prior conviction is an element of an offense [IN A 08 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 09 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 10 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 11 Information Network or from other government agencies of prior convictions [OF 12 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 13 TEST] may be presented to the grand jury. 14 * Sec. 142. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of 17 Criminal Procedure, is amended to read: 18 (a) The Administrative Director of the Alaska Court System, after consultation 19 with the presiding judge, Public Defender Agency, and Attorney General's Office, 20 may enter into agreements with the Department of Public Safety and Department of 21 Corrections which approve systems allowing judges to provide for the appearance by a 22 defendant at certain criminal proceedings by way of contemporaneous two-way 23 video conference [TELEVISION] equipment in lieu of the physical presence of the 24 defendant in the courtroom. Such an agreement must provide for a procedure by which 25 the defendant may confer with the defendant's attorney in private. 26 * Sec. 143. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of 29 Criminal Procedure, is amended to read: 30 (b) In those court locations in which a contemporaneous two-way video 31 conference [TELEVISION] system has been approved by the supreme court and has
01 been installed, in custody defendants shall appear by way of contemporaneous two- 02 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary 03 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non- 04 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless 05 otherwise ordered for cause stated by the presiding judge. With the defendant's 06 consent, sentencings may be done by way of contemporaneous two-way video 07 conference [TELEVISION] in traffic and misdemeanor cases. The court may order 08 a defendant to appear by contemporaneous two-way video conference at any 09 other hearings. In any particular case, the trial court may order that the defendant be 10 transported to court for court proceedings if the trial judge finds that the defendant's 11 rights would be prejudiced by use of the system. 12 * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 DIRECT COURT RULE AMENDMENT. Rule 45(d), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (d) Excluded Periods. The following periods shall be excluded in computing 17 the time for trial: 18 (1) The period of delay resulting from other proceedings concerning 19 the defendant, including but not limited to motions to dismiss or suppress, 20 examinations and hearings on competency, the period during which the defendant is 21 incompetent to stand trial, interlocutory appeals, and trial of other charges. No pretrial 22 motion shall be held under advisement for more than 30 days and any time longer than 23 30 days shall not be considered as an excluded period. 24 (2) The period of delay resulting from an adjournment or continuance 25 granted at the timely request or with the consent of the defendant or [AND] the 26 defendant's counsel. The court shall grant such a continuance only if it is satisfied that 27 the postponement is in the interest of justice, taking into account the public interest in 28 the prompt disposition of criminal offenses, and after consideration of the interests of 29 the crime victim, if known, as provided in (h) of this rule. A defendant without 30 counsel shall not be deemed to have consented to a continuance unless the defendant 31 has been advised by the court of the right to a speedy trial under this rule and of the
01 effect of consent. 02 (3) The period of delay resulting from a continuance granted at the 03 timely request of the prosecution, if: 04 (A) The continuance is granted because of the unavailability of 05 evidence material to the state's case, when the prosecuting attorney has 06 exercised due diligence to obtain such evidence and there are reasonable 07 grounds to believe that such evidence will be available at the later date; or 08 (B) The continuance is granted to allow the prosecuting 09 attorney in a felony case additional time to prepare the state's case and 10 additional time is justified because of the exceptional complexity of the 11 particular case. 12 (4) The period of delay resulting from the absence or unavailability of 13 the defendant. A defendant should be considered absent whenever the defendant's 14 whereabouts are unknown and in addition the defendant is attempting to avoid 15 apprehension or prosecution or the defendant's whereabouts cannot be determined by 16 due diligence. A defendant should be considered unavailable whenever the defendant's 17 whereabouts are known but the defendant's presence for trial cannot be obtained or the 18 defendant resists being returned to the state for trial. 19 (5) A reasonable period of delay when the defendant is joined for trial 20 with a codefendant as to whom the time for trial has not run and there is good cause 21 for not granting a severance. In all other cases, the defendant shall be granted a 22 severance in order that the defendant may be tried within the time limits applicable to 23 the defendant. 24 (6) The period of delay resulting from detention of the defendant in 25 another jurisdiction provided the prosecuting attorney has been diligent and has made 26 reasonable efforts to obtain the presence of the defendant for trial. When the 27 prosecution is unable to obtain the presence of the defendant in detention, and seeks to 28 exclude the period of detention, the prosecution shall cause a detainer to be filed with 29 the official having custody of the defendant and request the official to advise the 30 defendant of the detainer and to inform the defendant of the defendant's rights under 31 this rule.
01 (7) Other periods of delay for good cause. 02 * Sec. 145. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); 03 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), 04 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 11.71.060(a)(2)(B); 05 AS 12.25.180(b)(3); AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e), 06 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n), 07 12.55.135(o), 12.55.135(p), AS 28.15.291(a)(2); AS 33.07.010, 33.07.020, 33.07.030, 08 33.07.040, 33.07.090; AS 33.16.100(f), 33.16.210(b), 33.16.215, 33.16.220(j), and 09 33.16.240(h) are repealed. 10 * Sec. 146. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or 13 before January 10, 2020, the commissioner of corrections shall provide a report to the 14 legislature as described under AS 33.30.011(a)(12), enacted by sec. 126 of this Act. The 15 commissioner shall submit the report to the senate secretary and chief clerk of the house of 16 representatives and notify the legislature that the report is available." 17 * Sec. 147. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections, 20 Department of Education and Early Development, and Department of Labor and Workforce 21 Development shall develop a needs assessment of all rehabilitative services for each 22 institution, including education, treatment, vocational education, secular and faith-based, and 23 pro-social programs. On or before January 31, 2020, the Department of Corrections, 24 Department of Education and Early Development, and Department of Labor and Workforce 25 Development shall provide a written report regarding the needs assessments to the senate 26 secretary and chief clerk of the house of representatives and notify the legislature that the 27 report is available. 28 * Sec. 148. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY 31 COMMITMENT. By December 31, 2020, the superior court shall transmit the information
01 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the 02 superior court issued on or after January 1, 2011, for the involuntary commitment of a person 03 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an 04 involuntary commitment or an adjudication of mental illness or mental incompetence granted 05 under AS 47.30.851(b). 06 * Sec. 149. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 APPLICABILITY. (a) The following sections apply to offenses committed on or after 09 the effective date of those sections: 10 (1) AS 11.41.110(a), as amended by sec. 2 of this Act; 11 (2) AS 11.41.150(a), as amended by sec. 3 of this Act; 12 (3) AS 11.41.420(a), as amended by sec. 4 of this Act; 13 (4) AS 11.41.425(a), as amended by sec. 5 of this Act; 14 (5) AS 11.41.432(b), as amended by sec. 6 of this Act; 15 (6) AS 11.41.432(c), as amended by sec. 7 of this Act; 16 (7) AS 11.41.432(d) and (e), enacted by sec. 8 of this Act; 17 (8) AS 11.41.438(b), as amended by sec. 9 of this Act; 18 (9) AS 11.41.438(c), enacted by sec. 10 of this Act; 19 (10) AS 11.41.452(a), as amended by sec. 11 of this Act; 20 (11) AS 11.41.452(d), as amended by sec. 12 of this Act; 21 (12) AS 11.41.452(e), as amended by sec. 13 of this Act; 22 (13) AS 11.41.455(c), as amended by sec. 14 of this Act; 23 (14) AS 11.41.458, as amended by sec. 15 of this Act; 24 (15) AS 11.46.130(a), as amended by sec. 16 of this Act; 25 (16) AS 11.46.140(a), as amended by sec. 17 of this Act; 26 (17) AS 11.46.150(a), as amended by sec. 18 of this Act; 27 (18) AS 11.46.220(c), as amended by sec. 19 of this Act; 28 (19) AS 11.46.260(b), as amended by sec. 20 of this Act; 29 (20) AS 11.46.270(b), as amended by sec. 21 of this Act; 30 (21) AS 11.46.280(d), as amended by sec. 22 of this Act; 31 (22) AS 11.46.285, as amended by sec. 23 of this Act;
01 (23) AS 11.46.295, as amended by sec. 24 of this Act; 02 (24) AS 11.46.360(a), as amended by sec. 25 of this Act; 03 (25) AS 11.46.370, enacted by sec. 26 of this Act; 04 (26) AS 11.46.482(a), as amended by sec. 27 of this Act; 05 (27) AS 11.46.484(a), as amended by sec. 28 of this Act; 06 (28) AS 11.46.486(a), as amended by sec. 29 of this Act; 07 (29) AS 11.46.530(b), as amended by sec. 30 of this Act; 08 (30) AS 11.46.620(d), as amended by sec. 31 of this Act; 09 (31) AS 11.46.730(c), as amended by sec. 32 of this Act; 10 (32) AS 11.46.980(e), enacted by sec. 33 of this Act; 11 (33) AS 11.56.310(a), as amended by sec. 34 of this Act; 12 (34) AS 11.56.320(a), as amended by sec. 35 of this Act; 13 (35) AS 11.56.730(a), as amended by sec. 36 of this Act; 14 (36) AS 11.56.730(d), as amended by sec. 37 of this Act; 15 (37) AS 11.56.757(b), as amended by sec. 38 of this Act; 16 (38) AS 11.56.810(a), as amended by sec. 39 of this Act; 17 (39) AS 11.61.110(c), as amended by sec. 40 of this Act; 18 (40) AS 11.61.120(a), as amended by sec. 41 of this Act; 19 (41) AS 11.61.123(a), as amended by sec. 42 of this Act; 20 (42) AS 11.61.123(c), as amended by sec. 43 of this Act; 21 (43) AS 11.61.123(d), as amended by sec. 44 of this Act; 22 (44) AS 11.61.123(f), as amended by sec. 45 of this Act; 23 (45) AS 11.61.123(g), as amended by sec. 46 of this Act; 24 (46) AS 11.61.124, enacted by sec. 47 of this Act; 25 (47) AS 11.71.021, enacted by sec. 48 of this Act; 26 (48) AS 11.71.030(a), as amended by sec. 49 of this Act; 27 (49) AS 11.71.030(d), as amended by sec. 50 of this Act; 28 (50) AS 11.71.040(a), as amended by sec. 51 of this Act; 29 (51) AS 11.71.040(d), as amended by sec. 52 of this Act; 30 (52) AS 11.71.050, as amended by sec. 53 of this Act; 31 (53) AS 11.71.060, as amended by sec. 54 of this Act;
01 (54) AS 11.71.311(a), as amended by sec. 55 of this Act; 02 (55) AS 12.25.150(a), as amended by sec. 56 of this Act; 03 (56) AS 12.30.006(b), as amended by sec. 57 of this Act; 04 (57) AS 12.30.006(c), as amended by sec. 58 of this Act; 05 (58) AS 12.30.006(d), as amended by sec. 59 of this Act; 06 (59) AS 12.30.006(f), as amended by sec. 60 of this Act; 07 (60) AS 12.30.011, as repealed and reenacted by sec. 61 of this Act; 08 (61) AS 12.30.021(a), as amended by sec. 62 of this Act; 09 (62) AS 12.30.021(c), as amended by sec. 63 of this Act; 10 (63) AS 12.70.130, as amended by sec. 88 of this Act; 11 (64) AS 28.15.291(a), as amended by sec. 94 of this Act; 12 (65) AS 28.15.291(b), as amended by sec. 95 of this Act. 13 (b) The following sections apply to sentences imposed on or after the effective date of 14 those sections for conduct occurring on or after the effective date of those sections: 15 (1) AS 12.55.015(l), enacted by sec. 64 of this Act; 16 (2) AS 12.55.027(f), as amended by sec. 67 of this Act; 17 (3) AS 12.55.027(i), enacted by sec. 68 of this Act; 18 (4) AS 12.55.051(a), as amended by sec. 69 of this Act; 19 (5) AS 12.55.125(c), as amended by sec. 72 of this Act; 20 (6) AS 12.55.125(d), as amended by sec. 73 of this Act; 21 (7) AS 12.55.125(e), as amended by sec. 74 of this Act; 22 (8) AS 12.55.125(i), as amended by sec. 75 of this Act; 23 (9) AS 12.55.125(q), as amended by sec. 76 of this Act; 24 (10) AS 12.55.135(a), as amended by sec. 77 of this Act; 25 (11) AS 12.55.135(b), as amended by sec. 78 of this Act; 26 (12) AS 12.55.145(a), as amended by sec. 79 of this Act; 27 (13) AS 12.55.185(10), as amended by sec. 80 of this Act; 28 (14) AS 12.55.185(16), as amended by sec. 81 of this Act; 29 (15) AS 28.35.030(k), as amended by sec. 96 of this Act; 30 (16) AS 28.35.030(v) and (w), enacted by sec. 98 of this Act; 31 (17) AS 28.35.032(o), as amended by sec. 99 of this Act;
01 (18) AS 33.20.010(a), amended by sec. 124 of this Act; 02 (19) AS 33.20.010(c), as repealed and reenacted by sec. 125 of this Act; 03 (20) AS 33.30.011(a), as amended by sec. 126 of this Act. 04 (c) The following sections apply to the duty to register as a sex offender for offenses 05 committed on or after the effective date of those sections: 06 (1) AS 12.63.010(d), as amended by sec. 84 of this Act; 07 (2) AS 12.63.020, as amended by sec. 85 of this Act; 08 (3) AS 12.63.100(6), as amended by sec. 86 of this Act; 09 (4) AS 12.63.100(7), as amended by sec. 87 of this Act. 10 (d) The following sections apply to probation ordered on or after the effective date of 11 those sections for conduct occurring on or after the effective date of those sections: 12 (1) AS 12.55.090(c), as amended by sec. 70 of this Act; 13 (2) AS 12.55.090(g), as amended by sec. 71 of this Act; 14 (3) AS 33.05.010, as amended by sec. 102 of this Act; 15 (4) AS 33.05.020(j) and (k), enacted by sec. 104 of this Act; 16 (5) AS 33.05.030(a), as amended by sec. 105 of this Act; 17 (6) AS 33.05.040(a)(11) and (12), enacted by sec. 106 of this Act; 18 (7) AS 33.05.045, enacted by sec. 107 of this Act. 19 (e) The following sections apply to probation ordered before, on, or after the effective 20 date of those sections for conduct occurring on or after the effective date of those sections: 21 (1) AS 12.55.025(c), as amended by sec. 65 of this Act; 22 (2) AS 33.05.020(h), as amended by sec. 103 of this Act; 23 (3) AS 33.05.020(i), enacted by sec. 104 of this Act; 24 (4) AS 33.05.040(a)(6), as amended by sec. 106 of this Act. 25 (f) The following sections apply to parole ordered on or after the effective date of 26 those sections for conduct occurring on or after the effective date of those sections: 27 (1) AS 33.16.010(c), as amended by sec. 108 of this Act; 28 (2) AS 33.16. 010(g), enacted by sec. 109 of this Act; 29 (3) AS 33.16.060(a), as amended by sec. 110 of this Act; 30 (4) AS 33.16.090(a), as amended by sec. 111 of this Act; 31 (5) AS 33.16.090(b), as amended by sec. 112 of this Act;
01 (6) AS 33.16.100(h), enacted by sec. 114 of this Act; 02 (7) AS 33.16.130(a), as repealed and reenacted by sec. 115 of this Act; 03 (8) AS 33.16.130(b), as amended by sec. 116 of this Act; 04 (9) AS 33.06.170(d), enacted by sec. 117 of this Act; 05 (10) AS 33.16.190, as amended by sec. 118 of this Act; 06 (11) AS 33.16.210(c), as amended by sec. 119 of this Act. 07 (g) The following sections apply to parole ordered before, on, or after the effective 08 date of those sections for conduct occurring on or after the effective date of those sections: 09 (1) AS 33.16.220(b), as amended by sec. 120 of this Act; 10 (2) AS 33.16.220(i), as amended by sec. 121 of this Act; 11 (3) AS 33.16.270, as amended by sec. 122 of this Act; 12 (4) AS 33.16.270(b), enacted by sec. 123 of this Act. 13 (h) AS 33.16.100(a), as amended by sec. 113 of this Act, applies to parole granted on 14 or after the effective date of sec. 113 of this Act for conduct occurring before, on, or after the 15 effective date of sec. 113 of this Act. 16 (i) AS 28.35.030(o), as amended by sec. 97 of this Act, and AS 28.35.032(q), as 17 amended by sec. 100 of this Act, apply to revocation of a driver's license occurring before, on, 18 or after the effective date of this Act, for conduct occurring before, on, or after the effective 19 date of this Act. 20 (j) AS 12.55.025(m), enacted by sec. 66 of this Act, applies to sentences imposed on 21 or after the effective date of sec. 66 of this Act, for offenses committed before, on, or after the 22 effective date of sec. 66 of this Act. 23 (k) AS 28.15.161(a), as amended by sec. 93 of this Act, applies to a driver's license 24 canceled on or after the effective date of sec. 93 of this Act for failure to pay fines imposed on 25 or after the effective date of sec. 93 of this Act. 26 * Sec. 150. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 TRANSITION. Probation officers acting as pretrial services officers under 29 AS 33.05.045, enacted by sec. 107 of this Act, shall supervise defendants in accordance with 30 orders for pretrial services issued under former AS 12.30.006, 12.30.021, and AS 33.07. 31 * Sec. 151. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 TRANSITION: REGULATIONS. (a) The Department of Law, the attorney general, 03 the Department of Public Safety, and the commissioner of public safety may adopt regulations 04 necessary to implement the changes made by secs. 130 and 131 of this Act. The regulations 05 take effect under AS 44.62 (Administrative Procedure Act), but a regulation may not take 06 effect before the effective date of the relevant provision of this Act implemented by the 07 regulation. 08 (b) Not later than 15 months after the effective date of AS 33.05.020(h), as amended 09 by sec. 103 of this Act, and AS 33.16.270, as amended by sec. 122 of this Act, the 10 commissioner of corrections shall adopt regulations necessary to establish the programs 11 required by AS 33.05.020(h), as amended by sec. 103 of this Act, and AS 33.16.270, as 12 amended by sec. 122 of this Act. The regulations take effect under AS 44.62 (Administrative 13 Procedure Act), but a regulation may not take effect before the effective date of the relevant 14 provision of this Act implemented by the regulation. 15 * Sec. 152. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 18 heading of AS 11.61.123 from "Indecent viewing or photography" to "Indecent viewing or 19 production of a picture." 20 * Sec. 153. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 CONDITIONAL EFFECT. Sections 141 - 144 of this Act take effect only if secs. 141 23 - 144 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 24 15, Constitution of the State of Alaska. 25 * Sec. 154. Sections 132 - 135 of this Act take effect January 1, 2020. 26 * Sec. 155. Sections 129 - 131 of this Act take effect July 1, 2020. 27 * Sec. 156. Section 137 of this Act takes effect September 1, 2020. 28 * Sec. 157. Sections 101, 148, and 151 of this Act take effect immediately under 29 AS 01.10.070(c). 30 * Sec. 158. Except as provided in secs. 154 - 157 of this Act, this Act takes effect July 1, 31 2019.