CSSB 34(JUD): "An Act relating to probation and parole; relating to early termination of probation and parole; relating to restoration of a driver's license; relating to eligibility for discretionary parole; relating to good time; and providing for an effective date."
00 CS FOR SENATE BILL NO. 34(JUD) 01 "An Act relating to probation and parole; relating to early termination of probation and 02 parole; relating to restoration of a driver's license; relating to eligibility for 03 discretionary parole; relating to good time; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.025(c) is amended to read: 06 (c) Except as provided in (d) of this section, when a defendant is sentenced to 07 imprisonment, the term of confinement commences on the date of imposition of 08 sentence unless the court specifically provides that the defendant must report to serve 09 the sentence on another date. If the court provides another date to begin the term of 10 confinement, the court shall provide the defendant with written notice of the date, 11 time, and location of the correctional facility to which the defendant must report. A 12 defendant shall receive credit for time spent in custody pending trial, sentencing, or 13 appeal, if the detention was in connection with the offense for which the sentence was 14 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS
01 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 02 actual time spent in custody pending trial, sentencing, or appeal. The time during 03 which a defendant is voluntarily absent from official detention after the defendant has 04 been sentenced may not be credited toward service of the sentence. 05 * Sec. 2. AS 12.55.051(a) is amended to read: 06 (a) If the defendant defaults in the payment of a fine or any installment or of 07 restitution or any installment, the court may order the defendant to show cause why 08 the defendant should not be sentenced to imprisonment for nonpayment and, if the 09 payment was made a condition of the defendant's probation, may revoke the probation 10 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 11 contempt or probation revocation proceeding brought as a result of failure to pay a 12 fine or restitution, it is an affirmative defense that the defendant was unable to pay 13 despite having made continuing good faith efforts to pay the fine or restitution. If the 14 court finds that the defendant was unable to pay despite having made continuing good 15 faith efforts, the defendant may not be imprisoned solely because of the inability to 16 pay. If the court does not find that the default was attributable to the defendant's 17 inability to pay despite having made continuing good faith efforts to pay the fine or 18 restitution, the court may order the defendant imprisoned until the order of the court 19 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 20 imprisonment imposed under this section may not exceed one day for each $50 of the 21 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 22 be given toward satisfaction of the order of the court for every day a person is 23 incarcerated for nonpayment of a fine or restitution. 24 * Sec. 3. AS 12.55.090(g) is amended to read: 25 (g) A probation officer may [SHALL] recommend to the court that probation 26 be terminated and a defendant be discharged from probation if the defendant 27 (1) [HAS COMPLETED AT LEAST 28 (A) TWO YEARS ON PROBATION IF THE PERSON WAS 29 CONVICTED OF A CLASS A OR CLASS B FELONY THAT IS NOT A 30 CRIME UNDER (5) OF THIS SUBSECTION; OR 31 (B) 18 MONTHS ON PROBATION IF THE PERSON WAS
01 CONVICTED OF A CRIME THAT IS NOT A CRIME 02 (i) UNDER (A) OF THIS PARAGRAPH; OR 03 (ii) UNDER (5) OF THIS SUBSECTION; 04 (2)] has completed all treatment programs required as a condition of 05 probation; 06 (2) [(3) HAS NOT BEEN FOUND IN VIOLATION OF 07 CONDITIONS OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED 08 IN (1) OF THIS SUBSECTION; 09 (4)] is currently in compliance with all conditions of probation for all 10 of the cases for which the person is on probation; and 11 (3) [(5)] has not been convicted of an unclassified felony offense, a 12 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as 13 defined in AS 18.66.990. 14 * Sec. 4. AS 28.35.030(o) is amended to read: 15 (o) Upon request, the department shall review a driver's license revocation 16 imposed under (n)(3) of this section and, unless the revocation was ordered in a 17 case in which the person was also convicted of a crime under AS 11.41.100 - 18 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, 19 (1) may restore the driver's license if 20 (A) the license has been revoked for a period of at least 10 21 years; 22 (B) the person has not been convicted of a driving-related 23 criminal offense or a felony in the 10 years preceding the request for 24 restoration of [SINCE] the license [WAS REVOKED]; and 25 (C) the person provides proof of financial responsibility; 26 (2) shall restore the driver's license if 27 (A) the person has been granted limited license privileges 28 under AS 28.15.201(g) and has successfully driven under that limited license 29 for three years without having the limited license privileges revoked; 30 (B) the person has successfully completed a court-ordered 31 treatment program under AS 28.35.028 or a rehabilitative treatment program
01 under AS 28.15.201(h); 02 (C) the person has not been convicted of a violation of 03 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 04 jurisdiction since the license was revoked; 05 (D) the person is otherwise eligible to have the person's driving 06 privileges restored as provided in AS 28.15.211; in an application under this 07 subsection, a person whose license was revoked for a violation of 08 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 09 required under AS 28.35.030(h) or 28.35.032(l); and 10 (E) the person provides proof of financial responsibility. 11 * Sec. 5. AS 28.35.032(q) is amended to read: 12 (q) Upon request, the department shall review a driver's license revocation 13 imposed under (p)(3) of this section and, unless the revocation was ordered in a 14 case in which the person was also convicted of a crime under AS 11.41.100 - 15 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may 16 restore the driver's license if 17 (1) the license has been revoked for a period of at least 10 years; 18 (2) the person has not been convicted of a driving-related criminal 19 offense or a felony in the 10 years preceding the request for restoration of 20 [SINCE] the license [WAS REVOKED]; and 21 (3) the person provides proof of financial responsibility. 22 * Sec. 6. AS 33.05.020(h) is amended to read: 23 (h) The commissioner shall establish by regulation a program that entitles a 24 probationer to a deduction of one-third of the period of probation, rounded off to 25 the nearest day, for compliance [ALLOWING PROBATIONERS TO EARN 26 CREDITS FOR COMPLYING] with the conditions of probation and for loss of the 27 deduction for noncompliance with the conditions [THE CREDITS EARNED 28 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 30
01 DAYS FOR EACH 30-DAY PERIOD SERVED IN WHICH THE DEFENDANT 02 COMPLIED WITH THE CONDITIONS OF PROBATION; 03 (2)] include policies and procedures for 04 (A) calculating and tracking credits earned by probationers; 05 (B) reducing the probationer's period of probation based on the 06 probationer's compliance with the conditions of probation [CREDITS 07 EARNED BY THE PROBATIONER]; and 08 (C) notifying a victim under AS 33.30.013; 09 (2) [(3)] require that a probationer convicted of a [SEX OFFENSE AS 10 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in 11 as 18.66.990 complete all treatment programs required as a condition of probation 12 before discharge based on credits earned under this subsection. 13 * Sec. 7. AS 33.05.020 is amended by adding a new subsection to read: 14 (i) A probationer may not be enrolled in the program established under (h) of 15 this section if the probationer is on probation for 16 (1) an unclassified felony; 17 (2) a sex offense as defined in AS 12.63.100; 18 (3) a felony crime against a person under AS 11.41; 19 (4) a crime involving domestic violence, as defined in AS 18.66.990, 20 that is an offense under AS 11.41. 21 * Sec. 8. AS 33.05.040(a) is amended to read: 22 (a) A probation officer shall 23 (1) furnish to each probationer under the supervision of the officer a 24 written statement of the conditions of probation and shall instruct the probationer 25 regarding the same; 26 (2) keep informed concerning the conduct and condition of each 27 probationer under the supervision of the officer and shall report on the probationer to 28 the court placing that person on probation; 29 (3) use all suitable methods, not inconsistent with the conditions 30 imposed by the court, to aid probationers and to bring about improvements in their 31 conduct and condition;
01 (4) keep records of the probation work, [INCLUDING 02 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 03 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete 04 accounts of all money collected from persons under the supervision of the officer, give 05 receipts for money collected and make at least monthly returns of it, make the reports 06 to the court and the commissioner required by them, and perform other duties the court 07 may direct; 08 (5) perform duties with respect to persons on parole as the 09 commissioner shall request, and in that service shall be termed a parole officer; 10 (6) [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 11 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 12 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 13 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 14 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 15 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 16 A RECOGNITION OF POSITIVE BEHAVIOR; 17 (7)] upon determining that a probationer under the supervision of the 18 officer meets the requirements of AS 12.55.090(g), consider recommending 19 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 20 terminated and the probationer be discharged from probation; 21 (7) [(8)] for each probationer who owes restitution and who is under 22 the supervision of the officer, create a restitution payment schedule based on the 23 probationer's income and ability to pay if the court has not already set a restitution 24 payment schedule; 25 (8) [(9)] accommodate the diligent efforts of each probationer to secure 26 and maintain steady employment or to participate in educational courses or training 27 programs when prescribing the times at which a probationer shall report; 28 (9) [(10)] permit each probationer to travel in the state to make diligent 29 efforts to secure and maintain steady employment or to participate in educational 30 courses or training programs if the travel is not inconsistent with other terms and 31 conditions of probation;
01 (10) report on the probationer by making a recommendation to 02 the court to revoke probation or to maintain existing probation conditions. 03 * Sec. 9. AS 33.16.060(a) is amended to read: 04 (a) The board shall 05 (1) serve as the parole authority for the state; 06 (2) upon receiving a prisoner's application, consider the suitability 07 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary 08 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF 09 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] 10 special medical parole; 11 (3) impose parole conditions on all prisoners released under special 12 medical, discretionary, or mandatory parole; 13 (4) under AS 33.16.210, discharge a person from parole when custody 14 is no longer required; 15 (5) maintain records of the meetings and proceedings of the board; 16 (6) recommend to the governor and the legislature changes in the law 17 administered by the board; 18 (7) recommend to the governor or the commissioner changes in the 19 practices of the department and of other departments of the executive branch 20 necessary to facilitate the purposes and practices of parole; 21 (8) upon request of the governor, review and recommend applicants 22 for executive clemency; and 23 (9) execute other responsibilities prescribed by law. 24 * Sec. 10. AS 33.16.090(a) is amended to read: 25 (a) A prisoner sentenced to an active term of imprisonment of at least 181 26 days may, in the discretion of the board, be released on discretionary parole if the 27 prisoner 28 (1) has served the amount of time specified under (b) of this section, 29 except that 30 (A) a prisoner sentenced to one or more mandatory 99-year 31 terms under AS 12.55.125(a) or one or more definite terms under
01 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 02 (B) a prisoner is not eligible for consideration of discretionary 03 parole if made ineligible by order of a court under AS 12.55.115; 04 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 05 for discretionary parole unless the actual term of imprisonment is more than 06 one year; 07 (D) a prisoner sentenced to a single sentence within or 08 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) 09 and (4), or (i) who has not been allowed by the three-judge panel under 10 AS 12.55.175 to be considered for discretionary parole release is not 11 eligible for consideration of discretionary parole; 12 (E) a prisoner sentenced to a single sentence, including a 13 consecutive or partially consecutive sentence, that is not eligible for a good 14 time deduction under AS 33.20.010(a)(3) and that has not been allowed by 15 the three-judge panel under AS 12.55.175 to be considered for 16 discretionary parole release is not eligible for consideration of 17 discretionary parole; or 18 (2) is at least 60 years of age, has served at least 10 years of a sentence 19 for one or more crimes in a single judgment, and has not been convicted of an 20 unclassified felony or a sexual felony as defined in AS 12.55.185. 21 * Sec. 11. AS 33.16.090(b) is amended to read: 22 (b) A prisoner eligible under (a)(1) of this section who is sentenced 23 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 24 released on discretionary parole until the prisoner has served the mandatory minimum 25 term under AS 12.55.125(a) or (b), one-half [ONE-THIRD] of the active term of 26 imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest; 27 (2) to a single sentence within or below a presumptive range set out in 28 AS 12.55.125(i)(1) and (2), and has not been allowed by the three-judge panel under 29 AS 12.55.175 to be considered for discretionary parole release, may not be released on 30 discretionary parole until the prisoner has served the term imposed, less good time 31 earned under AS 33.20.010;
01 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 02 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 03 AS 12.55.175 to be considered for discretionary parole release during the second half 04 of the sentence, may not be released on discretionary parole until 05 (A) the prisoner has served that portion of the active term of 06 imprisonment required by the three-judge panel; and 07 (B) in addition to the factors set out in AS 33.16.100(a), the 08 board determines that 09 (i) the prisoner has successfully completed all 10 rehabilitation programs ordered by the three-judge panel that were 11 made available to the prisoner; and 12 (ii) the prisoner would not constitute a danger to the 13 public if released on parole; 14 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 15 the applicable presumptive range may not be released on discretionary parole until the 16 prisoner has served the greater of the following: 17 (A) an amount of time, less good time earned under 18 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 19 of the amount of time above the presumptive range; or 20 (B) any term set under AS 12.55.115; 21 (5) to a single sentence under any other provision of law may not be 22 released on discretionary parole until the prisoner has served at least one-fourth of the 23 active term of imprisonment, any mandatory minimum sentence imposed under any 24 provision of law, or any term set under AS 12.55.115, whichever is greatest; 25 (6) to concurrent sentences may not be released on discretionary parole 26 until the prisoner has served the greatest of 27 (A) any mandatory minimum sentence or sentences imposed 28 under any provision of law; 29 (B) any term set under AS 12.55.115; or 30 (C) the amount of time that is required to be served under (1) - 31 (5) or (8) of this subsection for the sentence imposed for the primary crime,
01 had that been the only sentence imposed; 02 (7) to consecutive or partially consecutive sentences may not be 03 released on discretionary parole until the prisoner has served the greatest of 04 (A) the composite total of any mandatory minimum sentence or 05 sentences imposed under any provision of law, including AS 12.55.127; 06 (B) any term set under AS 12.55.115; or 07 (C) the amount of time that is required to be served under (1) - 08 (5) or (8) of this subsection for the sentence imposed for the primary crime, 09 had that been the only sentence imposed, plus one-quarter of the composite 10 total of the active term of imprisonment imposed as consecutive or partially 11 consecutive sentences imposed for all crimes other than the primary crime; 12 (8) to a single sentence under AS 12.55.125(d) for an offense under 13 AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by 14 the three-judge panel under AS 12.55.175 to be considered for discretionary parole 15 release, may not be released on discretionary parole until the prisoner has served [, 16 AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one- 17 half of the active term of imprisonment imposed. 18 * Sec. 12. AS 33.16.100(a) is amended to read: 19 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 20 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 21 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 22 exists that 23 (1) the prisoner will live and remain at liberty without violating any 24 laws or conditions imposed by the board; 25 (2) the prisoner's rehabilitation and reintegration into society will be 26 furthered by release on parole; 27 (3) the prisoner will not pose a threat of harm to the public if released 28 on parole; and 29 (4) release of the prisoner on parole would not diminish the 30 seriousness of the crime. 31 * Sec. 13. AS 33.16.100 is amended by adding a new subsection to read:
01 (h) If the board considers an application for discretionary parole and denies 02 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 03 board may make the prisoner ineligible for further consideration of discretionary 04 parole or require that additional time be served before the prisoner is again eligible for 05 consideration for discretionary parole. 06 * Sec. 14. AS 33.16.130(a) is repealed and reenacted to read: 07 (a) A prisoner eligible for discretionary parole may apply to the board for 08 discretionary parole. As part of the application for parole, the prisoner shall submit to 09 the board a parole release plan that includes information concerning the prisoner's plan 10 for employment, residence, and rehabilitation if released on parole. 11 * Sec. 15. AS 33.16.130(b) is amended to read: 12 (b) Before the board determines a prisoner's suitability for discretionary 13 parole, the prisoner is entitled to a hearing before the board. The 14 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH 15 TO THE] prisoner shall be furnished a copy of the preparole reports listed in 16 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the 17 board will consider in making its decision except those that are made confidential by 18 law. The prisoner may also respond in writing to all materials the board considers, be 19 present at the hearing, and present evidence to the board. 20 * Sec. 16. AS 33.16.210(c) is amended to read: 21 (c) A parole officer may [SHALL] recommend to the board early discharge 22 for a parolee who 23 (1) has completed at least one year on parole; 24 (2) has completed all treatment programs required as a condition of 25 parole; 26 (3) is currently in compliance with all conditions of parole for all 27 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN 28 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST 29 ONE YEAR]; and 30 (4) has not been convicted of 31 (A) an unclassified felony offense under AS 11;
01 (B) a sexual felony as defined in AS 12.55.185; or 02 (C) a crime involving domestic violence as defined in 03 AS 18.66.990. 04 * Sec. 17. AS 33.16.220(b) is amended to read: 05 (b) Except as provided in (e) of this section, within 15 working days after the 06 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 07 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 08 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 09 designee shall determine if there is probable cause to believe that the parolee violated 10 the conditions of parole and, when probable cause exists, whether the parolee should 11 be released pending a final revocation hearing. A finding of probable cause at a 12 preliminary hearing in a criminal case is conclusive proof of probable cause that a 13 parole violation occurred. 14 * Sec. 18. AS 33.16.220(i) is amended to read: 15 (i) If, after the final revocation hearing, the board finds that the parolee has 16 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 17 ordinance, the board may revoke all or a portion of the remaining period of parole 18 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 19 of parole. A parolee's period of parole is tolled from the date of filing with the parole 20 board of a violation report until the date of the final revocation hearing [FOR 21 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 22 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 23 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 24 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 25 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 26 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 27 TOLLED AS DESCRIBED IN THIS SECTION]. 28 * Sec. 19. AS 33.16.270 is amended to read: 29 Sec. 33.16.270. Compliance [EARNED COMPLIANCE] credits. The 30 commissioner shall establish by regulation a program that entitles a parolee to a 31 deduction of one-third of the period of parole, rounded off to the nearest day, for
01 compliance [ALLOWING PAROLEES TO EARN CREDITS FOR COMPLYING] 02 with the conditions of parole and for loss of the deduction for noncompliance with 03 the conditions [THE EARNED COMPLIANCE CREDITS REDUCE THE PERIOD 04 OF PAROLE]. Nothing in this section prohibits the department from recommending 05 to the board the early discharge of the parolee as provided in this chapter. At a 06 minimum, the regulations must 07 (1) [REQUIRE THAT A PAROLEE EARN A CREDIT OF 30 DAYS 08 FOR EACH 30-DAY PERIOD SERVED IN WHICH THE PAROLEE COMPLIED 09 WITH THE CONDITIONS OF PAROLE; 10 (2)] include policies and procedures for 11 (A) calculating and tracking credits earned by parolees; 12 (B) reducing the parolee's period of parole based on the 13 parolee's compliance with the conditions of parole; [CREDITS EARNED 14 BY THE PAROLEE] and 15 (C) notifying a victim under AS 33.30.013; 16 (2) [(3)] require that a parolee convicted of a [SEX OFFENSE AS 17 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence, as defined in 18 AS 18.66.990, complete all treatment programs required as a condition of parole 19 before discharge based on credits earned under this section. 20 * Sec. 20. AS 33.16.270 is amended by adding a new subsection to read: 21 (b) A parolee may not earn credits under (a) of this section if the parolee is on 22 parole for 23 (1) an unclassified felony; 24 (2) a sex offense as defined in AS 12.63.100; 25 (3) a felony crime against a person under AS 11.41; 26 (4) a crime involving domestic violence, as defined in AS 18.66.990, 27 that is an offense under AS 11.41. 28 * Sec. 21. AS 33.20.010(c) is repealed and reenacted to read: 29 (c) A prisoner may not be awarded a good time deduction under (a) of this 30 section for any period spent in a treatment program, in a private residence, or on 31 electronic monitoring.
01 * Sec. 22. AS 44.19.645(g) is amended to read: 02 (g) The Department of Corrections shall report quarterly to the working group 03 authorized in (b)(3) of this section. The report shall include the following information: 04 (1) data on pretrial decision making and outcomes, including 05 information on pretrial detainees admitted for a new criminal charge; detainees 06 released at any point before case resolution; time spent detained before first release or 07 case resolution; pretrial defendant risk level and charge; pretrial release 08 recommendations made by pretrial services officers; pretrial conditions imposed on 09 pretrial detainees by judicial officers, including amount of bail, and supervision 10 conditions; and information on pretrial outcomes, including whether or not the 11 defendant appeared in court or was re-arrested during the pretrial period; 12 (2) data on offenders admitted to the Department of Corrections for a 13 new criminal conviction, including the offense type, number of prior felony 14 convictions, sentence length, and length of stay; 15 (3) data on the population of the Department of Corrections, using a 16 one-day snapshot on the first day of the first month of each quarter, broken down by 17 type of admission, offense type, and risk level; 18 (4) data on offenders on probation supervised by the Department of 19 Corrections, including the total number of offenders supervised using a one-day 20 snapshot on the first month of each quarter; admissions to probation; assignments to a 21 program under AS 33.05.020(f); probation sentence length; time served on the 22 sentence; whether probation was successfully completed, any new convictions for a 23 felony offense, and any sentences to a term of imprisonment while on probation; 24 (5) data on parole, including the number of offenders supervised on 25 parole, using a one-day snapshot on the first month of each quarter; the number of 26 parole hearings; the parole grant rate and number of parolees released on discretionary 27 and special medical parole; and information on parolees, including time spent on 28 parole, whether parole was successfully completed, any new convictions for a new 29 felony offense, and any sentences to a term of imprisonment while on parole; 30 (6) data on the implementation of policies from the 2015 justice 31 reinvestment report, including the number and percentage of offenders who earn
01 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 02 and the total amount of credits earned; [THE AVERAGE NUMBER OF 03 SANCTIONS ISSUED UNDER AS 33.05.020(g) BEFORE A PETITION TO 04 REVOKE PROBATION OR PAROLE IS FILED;] and the most common violations 05 of probation or parole; and 06 (7) data on probation and parole revocations, including information on 07 probationers and parolees admitted for a supervision violation pre-case and post-case 08 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A 09 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the 10 number of previous revocations on the current sentence, if any; the length of time held 11 pre-case resolution; the length of time to case resolution; and the length of stay. 12 * Sec. 23. AS 12.30.055(b); 12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 12.55.110(e), 13 12.55.110(f), 12.55.110(g), 12.55.110(h); AS 33.05.020(g), 33.05.080(1); 14 AS 33.16.090(b)(2), 33.16.100(f), 33.16.180(8), 33.16.210(b), 33.16.215, 33.16.220(j), 15 33.16.240(h), 33.16.900(2); and AS 33.20.010(a)(4) are repealed. 16 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections shall 19 develop a needs assessment of all rehabilitative services for each institution, including 20 education, treatment, vocational education, secular and faith-based, and pro-social programs. 21 On or before January 31, 2020, the Department of Corrections shall provide a written report 22 regarding the needs assessments to the senate secretary and chief clerk of the house of 23 representatives and notify the legislature that the report is available. 24 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) The following sections apply to sentences imposed on or after 27 the effective date of those sections for conduct occurring on or after the effective date of those 28 sections: 29 (1) AS 12.55.025(c), as amended by sec. 1 of this Act; 30 (2) AS 12.55.051(a), as amended by sec. 2 of this Act; 31 (3) AS 33.16.090(a), as amended by sec. 10 of this Act; and
01 (4) AS 33.16.090(b), as amended by sec. 11 of this Act. 02 (b) The following sections apply to probation ordered on or after the effective date of 03 those sections for conduct occurring on or after the effective date of those sections: 04 (1) AS 12.55.090(g), as amended by sec. 3 of this Act; 05 (2) AS 33.05.020(h), as amended by sec. 6 of this Act; 06 (3) AS 33.05.020(i), enacted by sec. 7 of this Act; and 07 (4) AS 33.05.040(a), as amended by sec. 8 of this Act. 08 (c) The following sections apply to parole ordered on or after the effective date of 09 those sections for conduct occurring on or after the effective date of those sections: 10 (1) AS 33.16.060(a), as amended by sec. 9 of this Act; 11 (2) AS 33.16.100(h), enacted by sec. 13 of this Act; 12 (3) AS 33.16.130(a), as repealed and reenacted by sec. 14 of this Act; 13 (4) AS 33.16.130(b), as amended by sec. by sec. 15 of this Act; 14 (5) AS 33.16.210(c), as amended by sec. 16 of this Act; 15 (6) AS 33.16.220(b), as amended by sec. 17 of this Act; 16 (7) AS 33.16.220(i), as amended by sec. 18 of this Act; 17 (8) AS 33.16.270, as amended by sec. 19 of this Act; 18 (9) AS 33.16.270(b), enacted by sec. 20 of this Act; and 19 (10) AS 33.20.010(c), as repealed and reenacted by sec. 21 of this Act. 20 (d) AS 33.16.100(a), as amended by sec. 12 of this Act, applies to parole granted on 21 or after the effective date of sec. 12 of this Act, for conduct occurring before, on, or after the 22 effective date of this Act. 23 (e) AS 28.35.030(o), as amended by sec. 4 of this Act, and AS 28.35.032(q), as 24 amended by sec. 5 of this Act, apply to revocation of a driver's license occurring before, on, 25 or after the effective date of this Act, for conduct occurring before, on, or after the effective 26 date of this Act. 27 * Sec. 26. This Act takes effect July 1, 2019.