SCS CSHB 291(FIN): "An Act relating to the Council on Domestic Violence and Sexual Assault; establishing the Alaska Criminal Justice Data Analysis Commission; relating to the membership, powers, and duties of the Alaska Criminal Justice Data Analysis Commission; relating to the duties of the Judicial Council; extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 291(FIN) 01 "An Act relating to the Council on Domestic Violence and Sexual Assault; establishing 02 the Alaska Criminal Justice Data Analysis Commission; relating to the membership, 03 powers, and duties of the Alaska Criminal Justice Data Analysis Commission; relating 04 to the duties of the Judicial Council; extending the termination date of the Council on 05 Domestic Violence and Sexual Assault; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.66.020(a) is amended to read: 08 (a) The council consists of 09 (1) five [FOUR] public members appointed by the governor, one of 10 whom shall be from a rural area and one of whom shall be a member of an Alaska 11 Native organization; the governor may consult with the Alaska Network on Domestic 12 Violence and Sexual Assault and the Alaska Native Women's Resource Center [, A 13 NONPROFIT CORPORATION,] in appointing the public members under this
01 paragraph; the Alaska Network on Domestic Violence and Sexual Assault and the 02 Alaska Native Women's Resource Center shall submit a list to the governor of 03 persons recommended for appointment; 04 (2) the commissioner of public safety or the designee of the 05 commissioner of public safety; 06 (3) the commissioner of health and social services or the designee of 07 the commissioner of health and social services; 08 (4) the commissioner of education and early development or the 09 designee of the commissioner of education and early development; 10 (5) the attorney general or the designee of the attorney general; [AND] 11 (6) the commissioner of corrections or the designee of the 12 commissioner of corrections; and 13 (7) the chief executive officer of the Alaska Mental Health Trust 14 Authority or the designee of the chief executive officer of the Alaska Mental 15 Health Trust Authority. 16 * Sec. 2. AS 18.66.020(d) is amended to read: 17 (d) In this section, 18 (1) "Alaska Native organization" includes an Indian tribe as 19 defined in 25 U.S.C. 5304, a corporation organized under 43 U.S.C. 1601 et seq. 20 (Alaska Native Claims Settlement Act), as amended, and a tribal organization as 21 defined in 25 U.S.C. 5304; 22 (2) "rural area" means a community with a population of 7,500 or less 23 that is not connected by road or rail to Anchorage or Fairbanks or with a population of 24 3,500 or less that is connected by road or rail to Anchorage or Fairbanks. 25 * Sec. 3. AS 22.20 is amended by adding a new section to read: 26 Sec. 22.20.211. Staff and support for criminal justice data analysis 27 commission. The judicial council shall provide staff and administrative support to the 28 Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641. 29 * Sec. 4. AS 22.20 is amended by adding a new section to article 4 to read: 30 Sec. 22.20.221. Prison inmate characteristics information. (a) The judicial 31 council shall design and implement a project for the purposes of studying risk factors
01 related to criminal activity, informing the legislature's policy and funding decisions 02 related to primary crime prevention, and improving primary crime prevention 03 strategies in the state. Under the project, the Department of Corrections shall transmit 04 information about offenders sentenced to serve terms of incarceration of 30 days or 05 more, and the judicial council shall analyze the information and provide to the 06 legislature the judicial council's conclusions and recommendations in the report 07 required under (b) of this section. The judicial council shall, in consultation with the 08 Justice Center at the University of Alaska, the Department of Corrections, and other 09 relevant entities or state agencies, create a list of the types of information and inmate 10 characteristics the Department of Corrections shall collect for the project and may 11 revise the list when necessary to meet project goals. The information may include data 12 relating to adverse childhood experiences, mental health and substance abuse history, 13 education, income, and employment of inmates. The Department of Corrections shall 14 adopt policies establishing procedures for collecting the information identified in the 15 list required under this subsection and providing the information to the judicial 16 council. The procedures may provide for the collection of the information as part of 17 the risk assessment program established under AS 33.30.011(a)(7). In this subsection, 18 "primary crime prevention" means intervention programs and strategies designed to 19 reduce crime risk factors among the general population and prevent crime from 20 happening. 21 (b) The judicial council shall prepare an annual report summarizing the 22 information collected and analyzed under (a) of this section. The judicial council shall 23 (1) provide a summary in the form of tables, charts, graphs, or other 24 formats that are easily understood; 25 (2) include a review of the data and the judicial council's 26 interpretations, findings, and conclusions related to the information collected; 27 (3) describe any changes in the types of information collected during 28 the preceding fiscal year; 29 (4) make the report required under this subsection available to the 30 public; the judicial council may not publish or present individually identifiable 31 information relating to an inmate;
01 (5) include, when possible, information from the previous fiscal year, 02 comparisons to previous fiscal years, and cumulative information; 03 (6) not later than February 14 of each year, submit the report to the 04 senate secretary and the chief clerk of the house of representatives and notify the 05 legislature that the report is available; and 06 (7) present the summary and analysis to the legislature within 10 days 07 after the convening of the next regular session of the legislature following the 08 submission of the report. 09 * Sec. 5. AS 44.19.641 is amended to read: 10 Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice Data 11 Analysis Commission is established in the Office of the Governor. 12 * Sec. 6. AS 44.19.642(a), as amended by sec. 135(23) of Executive Order 121, is amended 13 to read: 14 (a) The commission consists of 16 [14] members, appointed or designated in 15 a manner that ensures rural areas of the state are represented, as follows: 16 (1) the chief justice of the Alaska Supreme Court or another active or 17 retired justice of the supreme court or an active or retired judge of the court of appeals 18 designated by the chief justice; 19 (2) an active or retired superior court judge designated by the chief 20 justice for a three-year term; 21 (3) an active or retired district court judge designated by the chief 22 justice for a three-year term; 23 (4) a member of the Alaska Native community designated by the 24 Alaska Native Justice Center for a three-year term; 25 (5) the deputy attorney general for the division of the Department of 26 Law that has responsibility for criminal cases or [A DESIGNEE OF] the deputy 27 attorney general's designee [GENERAL]; 28 (6) the public defender or the public defender's [A] designee [OF 29 THE PUBLIC DEFENDER]; 30 (7) the commissioner of corrections or the commissioner's designee; 31 (8) the commissioner of public safety or the commissioner's designee;
01 (9) the chief executive officer of the Alaska Mental Health Trust 02 Authority or the chief executive officer's designee for a three-year term; 03 (10) two [AN] active duty peace officers, one representing a rural 04 community off the road system and one representing an urban community, 05 designated by the Alaska Association of Chiefs of Police [MEMBER OF A 06 MUNICIPAL LAW ENFORCEMENT AGENCY APPOINTED BY THE 07 GOVERNOR] for [A] three-year terms [TERM]; 08 (11) one victims' rights advocate designated [APPOINTED] by the 09 Alaska Network on Domestic Violence and Sexual Assault, after consultation 10 with its members and partner organizations, [GOVERNOR] for a three-year term; 11 (12) one nonvoting member, serving ex officio, who is a member of 12 the senate appointed by the president of the senate; 13 (13) one nonvoting member, serving ex officio, who is a member of 14 the house of representatives appointed by the speaker of the house of representatives; 15 [AND] 16 (14) [ONE NONVOTING MEMBER, SERVING EX OFFICIO, 17 WHO IS] the commissioner of health or the commissioner's designee; and 18 (15) one person who has been convicted of a felony offense in the 19 state for which the person has been unconditionally discharged, designated 20 jointly by the deputy attorney general for the division of the Department of Law 21 that has responsibility for criminal cases and the public defender for a three-year 22 term; in this paragraph, "unconditionally discharged" has the meaning given in 23 AS 12.55.185. 24 * Sec. 7. AS 44.19.645 is amended to read: 25 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 26 shall 27 (1) contract for data analysis, research, reports, or studies 28 necessary to understand the functions, operations, and outcomes of the criminal 29 justice system in the state, including studies that [EVALUATE THE EFFECT OF 30 SENTENCING LAWS AND CRIMINAL JUSTICE PRACTICES ON THE 31 CRIMINAL JUSTICE SYSTEM TO EVALUATE WHETHER THOSE
01 SENTENCING LAWS AND CRIMINAL JUSTICE PRACTICES PROVIDE FOR 02 PROTECTION OF THE PUBLIC, COMMUNITY CONDEMNATION OF THE 03 OFFENDER, THE RIGHTS OF VICTIMS OF CRIMES, THE RIGHTS OF THE 04 ACCUSED AND THE PERSON CONVICTED, RESTITUTION FROM THE 05 OFFENDER, AND THE PRINCIPLE OF REFORMATION. THE COMMISSION 06 SHALL MAKE RECOMMENDATIONS FOR IMPROVING CRIMINAL 07 SENTENCING PRACTICES AND CRIMINAL JUSTICE PRACTICES, 08 INCLUDING REHABILITATION AND RESTITUTION. THE COMMISSION 09 SHALL ANNUALLY MAKE RECOMMENDATIONS TO THE GOVERNOR AND 10 THE LEGISLATURE ON HOW SAVINGS FROM CRIMINAL JUSTICE 11 REFORMS SHOULD BE REINVESTED TO REDUCE RECIDIVISM. IN 12 FORMULATING ITS RECOMMENDATIONS, THE COMMISSION SHALL] 13 consider 14 (A) [(1)] statutes, court rules, and court decisions relevant to 15 sentencing of criminal defendants in misdemeanor and felony cases; 16 (B) the needs and views of crime victims [(2) SENTENCING 17 PRACTICES OF THE JUDICIARY, INCLUDING USE OF PRESUMPTIVE 18 SENTENCES]; 19 (C) [(3)] means of promoting uniformity, proportionality, and 20 accountability in sentencing; 21 (D) [(4)] alternatives to traditional forms of incarceration; 22 (E) [(5)] the efficacy of parole and probation in ensuring public 23 safety, achieving rehabilitation, and reducing recidivism; 24 (F) [(6)] the adequacy, availability, and effectiveness of 25 treatment and rehabilitation programs; 26 (G) [(7)] crime and incarceration rates, including the rate of 27 violent crime and the abuse of controlled substances, in this state compared to 28 other states, and best practices adopted by other states that have proven to be 29 successful in reducing recidivism; 30 (2) review the information collected under (1) of this subsection to 31 identify areas for improving the efficiencies and effectiveness of the criminal
01 justice system; 02 (3) if requested by the legislature, the governor, or the chief justice 03 of the supreme court, provide the results of data analysis, studies, or research or 04 make recommendations for improving criminal sentencing practices and 05 criminal justice practices, including rehabilitation and restitution; and 06 (4) submit the annual report required under AS 44.19.647 07 [(8) THE RELATIONSHIP BETWEEN SENTENCING PRIORITIES 08 AND CORRECTIONAL RESOURCES; 09 (9) THE EFFECTIVENESS OF THE STATE'S CURRENT 10 METHODOLOGIES FOR THE COLLECTION AND DISSEMINATION OF 11 CRIMINAL JUSTICE DATA; AND 12 (10) WHETHER THE SCHEDULES FOR CONTROLLED 13 SUBSTANCES IN AS 11.71.140 - 11.71.190 ARE REASONABLE AND 14 APPROPRIATE, CONSIDERING THE CRITERIA ESTABLISHED IN 15 AS 11.71.120(c)]. 16 (b) The commission may 17 (1) [RECOMMEND LEGISLATIVE AND ADMINISTRATIVE 18 ACTION ON CRIMINAL JUSTICE PRACTICES; 19 (2)] select and retain the services of consultants as necessary; 20 [(3) APPOINT A WORKING GROUP TO REVIEW AND 21 ANALYZE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE IN 22 THE JUSTICE REINVESTMENT REPORT IN DECEMBER 2015, AND OTHER 23 RECOMMENDATIONS ISSUED BY THE COMMISSION, AND REGULARLY 24 REPORT TO THE COMMISSION ON THE STATUS OF THE 25 IMPLEMENTATION; A WORKING GROUP MAY INCLUDE 26 REPRESENTATIVES OF CRIMINAL JUSTICE AGENCIES AND KEY 27 CONSTITUENCIES WHO ARE NOT MEMBERS OF THE COMMISSION;] and 28 (2) [(4)] enter into data-sharing agreements with the Justice Center and 29 the Alaska Justice Information Center at the University of Alaska, the Alaska 30 Judicial Council, or other research institutions for the purposes of analyzing data and 31 performance metrics.
01 (c) The commission shall 02 (1) receive and analyze data collected by agencies and entities under 03 (e) - (g) of this section, information reported [CHARGED WITH 04 IMPLEMENTING THE RECOMMENDATIONS OF THE 2015 JUSTICE 05 REINVESTMENT REPORT AND OTHER RECOMMENDATIONS ISSUED] by 06 the Department of Law under AS 44.23.040, and information from other sources 07 determined by the commission [AND WHO ARE COLLECTING DATA DURING 08 THE IMPLEMENTATION AND MANAGEMENT OF SPECIFIC COMMISSION 09 RECOMMENDATIONS]; 10 (2) track and assess outcomes and trends in [FROM THE 11 RECOMMENDATIONS] the [COMMISSION HAS MADE AND 12 CORRESPONDING] criminal justice system [REFORMS]; and 13 (3) request, receive, and review data and reports on performance 14 outcome data relating to the efficiency and effectiveness of the criminal justice 15 system [REFORM; 16 (4) APPOINT A WORKING GROUP TO REVIEW AND ANALYZE 17 SEXUAL OFFENSE STATUTES AND REPORT TO THE LEGISLATURE IF 18 THERE ARE CIRCUMSTANCES UNDER WHICH VICTIMS' RIGHTS, PUBLIC 19 SAFETY, AND THE REHABILITATION OF OFFENDERS ARE BETTER 20 SERVED BY CHANGING EXISTING LAWS; THE WORKING GROUP SHALL 21 CONSULT WITH THE OFFICE OF VICTIMS' RIGHTS IN DEVELOPING THE 22 REPORT; THE COMMISSION SHALL DELIVER THE REPORT TO THE 23 SENATE SECRETARY AND THE CHIEF CLERK OF THE HOUSE OF 24 REPRESENTATIVES AND NOTIFY THE LEGISLATURE THAT THE REPORT 25 IS AVAILABLE; THE COMMISSION MAY INCLUDE IN THE WORKING 26 GROUP PEOPLE REPRESENTING A VARIETY OF VIEWPOINTS WHO ARE 27 NOT MEMBERS OF THE COMMISSION; AND 28 (5) EXPLORE THE POSSIBILITY OF ENTERING INTO 29 MUTUALLY AGREEABLE ARRANGEMENTS WITH REGIONAL NONPROFIT 30 ORGANIZATIONS, INCLUDING TRIBES AND TRIBAL ORGANIZATIONS, TO 31 PROVIDE THE PRETRIAL, PROBATION, AND PAROLE SERVICES NEEDED
01 IN UNDERSERVED AREAS OF THE STATE]. 02 (d) Agencies and entities reporting data to the commission [WORKING 03 GROUP AUTHORIZED IN (b)(3) OF THIS SECTION] under (e) - (g) of this section 04 shall 05 (1) report data individually by case number, including an identifier 06 number such as the Alaska Public Safety Information Network number, the court case 07 number, the Alaska Corrections Offender Management System number, and the arrest 08 tracking number, as available; 09 (2) include demographic information necessary for tracking 10 individuals across multiple databases, including the individual's first name, last name, 11 middle initial as available, and date of birth; and 12 (3) include information necessary to measure possible disparate effects 13 of criminal justice laws and policies, such as race and gender as available. 14 (e) The judiciary shall report quarterly to the commission [WORKING 15 GROUP AUTHORIZED IN (b)(3) OF THIS SECTION]. The report shall include 16 criminal case processing data, including 17 (1) the date, type, and number of all charges disposed within the 18 quarter; 19 (2) the disposition of each charge, whether convicted, dismissed, 20 acquitted, or otherwise disposed; [AND] 21 (3) the date of the disposition for each charge; and 22 (4) information on pretrial release decisions by judicial officers, 23 including bail and supervision conditions, and information on pretrial outcomes, 24 including whether and when a bench warrant for failure to appear was issued 25 during the pretrial period; if this information is not readily available in electronic 26 format, the court system shall work with the commission to facilitate commission 27 staff review of paper case file records. 28 (f) The Department of Public Safety shall report quarterly to the commission 29 [WORKING GROUP AUTHORIZED UNDER (b)(3) OF THIS SECTION]. The 30 report shall include the following information: 31 (1) data on citations and arrests for criminal offenses, including the
01 offense charged and whether [REASON FOR ARREST IF] an arrest was made; 02 (2) data on the disposition of all criminal charges, including 03 convictions and sentences during the quarter; and 04 (3) criminal history information for selected offenders as agreed on by 05 the Department of Public Safety [DEPARTMENT] and the commission 06 [WORKING GROUP AUTHORIZED IN (b)(3) OF THIS SECTION]. 07 (g) The Department of Corrections shall report quarterly to the commission 08 [WORKING GROUP AUTHORIZED IN (b)(3) OF THIS SECTION]. The report 09 shall include the following information: 10 (1) data on pretrial decision making and outcomes, including 11 information on pretrial detainees admitted for a new criminal charge; detainees 12 released at any point before case resolution; time spent detained before first release or 13 case resolution; pretrial defendant risk level and charge; pretrial release 14 recommendations made by pretrial services officers; pretrial conditions imposed on 15 pretrial detainees by judicial officers, if known, including [AMOUNT OF] bail [,] and 16 supervision conditions; and information on pretrial outcomes of defendants under 17 the supervision of the pretrial services program, including whether or not the 18 defendant appeared in court or was re-arrested during the pretrial period; 19 (2) data on offenders admitted to the Department of Corrections for a 20 new criminal conviction, including the offense type [, NUMBER OF PRIOR 21 FELONY CONVICTIONS, SENTENCE LENGTH,] and length of stay; 22 (3) data on the population of the Department of Corrections, using a 23 one-day snapshot on the first day of the first month of each quarter, broken down by 24 type of admission, offense type, and known risk level; 25 (4) data on offenders on probation supervised by the Department of 26 Corrections, including the total number of offenders supervised using a one-day 27 snapshot on the first month of each quarter; admissions to probation; assignments to a 28 program under AS 33.05.020(f); probation sentence length; time served on the 29 sentence; and whether probation was successfully completed [, ANY NEW 30 CONVICTIONS FOR A FELONY OFFENSE, AND ANY SENTENCES TO A 31 TERM OF IMPRISONMENT WHILE ON PROBATION];
01 (5) data on parole, including the number of offenders supervised on 02 parole, using a one-day snapshot on the first month of each quarter; the number of 03 parole hearings; the parole grant rate and number of parolees released on 04 [DISCRETIONARY AND SPECIAL MEDICAL] parole; and information on 05 parolees, including time spent on parole, and whether parole was successfully 06 completed [, ANY NEW CONVICTIONS FOR A NEW FELONY OFFENSE, AND 07 ANY SENTENCES TO A TERM OF IMPRISONMENT WHILE ON PAROLE]; 08 (6) data on the [IMPLEMENTATION OF POLICIES FROM THE 09 2015 JUSTICE REINVESTMENT REPORT, INCLUDING THE] number and 10 percentage of offenders who earn compliance credits under AS 33.05.020(h) or 11 AS 33.16.270 in one or more months, and the total amount of credits earned; the 12 average number of sanctions issued under as 33.05.020(g) before a petition to revoke 13 probation or parole is filed; and the most common violations of probation or parole; 14 and 15 (7) data on probation and parole revocations, including information on 16 probationers and parolees admitted solely for a technical violation; probationers 17 and parolees admitted for a supervision violation pre-case and post-case resolution; 18 probationers and parolees admitted for a new arrest; the number of previous 19 revocations on the current sentence, if any; the length of time held pre-case resolution; 20 the length of time to case resolution; and the length of stay. 21 * Sec. 8. AS 44.19.645 is amended by adding a new subsection to read: 22 (i) The commission shall design and implement a project for the purposes of 23 studying risk factors related to criminal activity, informing the legislature's policy and 24 funding decisions related to primary crime prevention, and improving primary crime 25 prevention strategies in the state. Under the project, the Department of Corrections 26 shall transmit information about offenders sentenced to serve terms of incarceration of 27 30 days or more to the commission, and the commission shall analyze the information 28 and provide to the legislature, in the report required under AS 44.19.647, the 29 commission's conclusions and findings. The commission shall, in consultation with the 30 Justice Center and the Alaska Justice Information Center at the University of Alaska, 31 the Alaska Judicial Council, the Department of Corrections, and other relevant entities
01 or state agencies, create a list of the types of information and inmate characteristics the 02 Department of Corrections shall collect for the project and may revise the list when 03 necessary to meet project goals. The information may include data relating to adverse 04 childhood experiences, mental health and substance abuse history, education, income, 05 and employment of inmates. The Department of Corrections shall adopt policies 06 establishing procedures for collecting the information identified in the list required 07 under this subsection and providing the information to the commission. The 08 procedures may provide for the collection of the information as part of the risk 09 assessment program established under AS 33.30.011(a)(7). In this subsection, 10 "primary crime prevention" means intervention programs and strategies designed to 11 reduce crime risk factors among the general population and prevent crime from 12 happening. 13 * Sec. 9. AS 44.19.646 is amended to read: 14 Sec. 44.19.646. Methodology. In conducting research [MAKING 15 RECOMMENDATIONS], the commission shall 16 (1) solicit and consider information and views from a variety of 17 constituencies to represent the broad spectrum of views that exist with respect to 18 possible approaches to sentencing and administration of justice in the state; and 19 (2) adopt a research agenda and priorities based on art. I, secs. 7, 20 12, and 24, Constitution of the State of Alaska, and the issues of most pressing 21 concern to the criminal justice system, including 22 (A) [BASE RECOMMENDATIONS ON THE FOLLOWING 23 FACTORS: 24 (A) THE SERIOUSNESS OF EACH OFFENSE IN 25 RELATION TO OTHER OFFENSES; 26 (B) THE EFFECT OF AN OFFENDER'S PRIOR CRIMINAL 27 HISTORY ON SENTENCING; 28 (C) THE NEED TO REHABILITATE CRIMINAL 29 OFFENDERS; 30 (D) THE NEED TO CONFINE OFFENDERS TO PREVENT 31 HARM TO THE PUBLIC;
01 (E) THE EXTENT TO WHICH CRIMINAL OFFENSES 02 HARM VICTIMS AND ENDANGER THE PUBLIC SAFETY AND 03 ORDER; 04 (F) THE EFFECT OF SENTENCING IN DETERRING AN 05 OFFENDER OR OTHER MEMBERS OF SOCIETY FROM FUTURE 06 CRIMINAL CONDUCT; 07 (G) THE EFFECT OF SENTENCING AS A COMMUNITY 08 CONDEMNATION OF CRIMINAL ACTS AND AS A REAFFIRMATION 09 OF SOCIETAL NORMS; 10 (H)] the elimination of unjustified disparity in the criminal 11 justice system; 12 (B) [SENTENCES; 13 (I) THE SUFFICIENCY OF STATE AGENCY RESOURCES 14 TO ADMINISTER THE CRIMINAL JUSTICE SYSTEM OF THE STATE; 15 (J)] the effect of criminal justice laws and practices on 16 [REDUCING] the rate of recidivism in the state, and the needs of victims of 17 crimes [; 18 (K) PEER REVIEWED AND DATA-DRIVEN RESEARCH; 19 AND 20 (L) THE EFFICACY OF EVIDENCE-BASED 21 RESTORATIVE JUSTICE INITIATIVES ON PERSONS CONVICTED OF 22 CRIMINAL VIOLATIONS AND OFFENSES, THE VICTIM, AND THE 23 COMMUNITY]. 24 * Sec. 10. AS 44.19.647(a) is amended to read: 25 (a) The commission shall submit to the governor and the legislature an annual 26 report. The report must include 27 (1) a description of its proceedings for the previous calendar year; 28 (2) a description of [A SUMMARY OF SAVINGS AND 29 RECOMMENDATIONS ON HOW SAVINGS FROM CRIMINAL JUSTICE 30 REFORM SHOULD BE REINVESTED TO REDUCE RECIDIVISM; 31 (3) PERFORMANCE METRICS AND OUTCOMES FROM THE
01 RECOMMENDATIONS THE COMMISSION MADE IN ITS DECEMBER 2015 02 REPORT, INCLUDING] recidivism rates; 03 (3) analysis of the [, DEFINED AS 04 (A) THE PERCENTAGE OF INMATES WHO RETURN TO 05 PRISON WITHIN THREE YEARS AFTER RELEASE, BROKEN DOWN 06 BY OFFENSE TYPE AND RISK LEVEL; AND 07 (B) THE PERCENTAGE OF INMATES WHO RETURN TO 08 PRISON WITHIN THREE YEARS AFTER RELEASE FOR A NEW 09 CRIMINAL CONVICTION, BROKEN DOWN BY OFFENSE TYPE AND 10 RISK LEVEL; 11 (4) RECOMMENDATIONS FOR ADDITIONAL REFORMS, 12 WHICH MAY INCLUDE RECOMMENDATIONS FOR LEGISLATIVE AND 13 ADMINISTRATIVE ACTION; AND 14 (5)] data reported by the Department of Law under AS 44.23.040; 15 (4) the results of any data analysis, studies, or research conducted 16 under AS 44.19.645 relevant to understanding the efficiency and effectiveness of 17 the criminal justice system; 18 (5) a description provided by the Department of Health, the 19 Department of Corrections, and the Council on Domestic Violence and Sexual 20 Assault of state-funded treatment programs designed to promote rehabilitation, 21 such as substance abuse, mental health, and violence prevention programs, 22 including a description of program funding, capacity, utilization, and any 23 available outcome data; and 24 (6) if requested by the legislature, the governor, or the chief justice 25 of the supreme court, the results of data analysis, studies, or research or the 26 recommendations for improving criminal sentencing practices and criminal 27 justice practices, including rehabilitation and restitution. 28 * Sec. 11. AS 44.19.647(b) is amended to read: 29 (b) The commission shall submit the annual report, findings [REPORTS, 30 SUMMARIES], and recommendations provided under this section not later than 31 November 1 of each year.
01 * Sec. 12. AS 44.19.647 is amended by adding a new subsection to read: 02 (d) In the report required under (a) of this section, the commission shall 03 include a summary and analysis of the information collected under AS 44.19.645(i). 04 The commission shall 05 (1) provide a summary in the form of tables, charts, graphs, or other 06 formats that are easily understood; 07 (2) include a review of the data and the commission's interpretations, 08 findings, or conclusions related to the information collected; 09 (3) describe any changes in the types of information collected during 10 the preceding fiscal year; 11 (4) make the summary and analysis required under this subsection 12 available to the public; the commission may not publish or present individually 13 identifiable information relating to an inmate; 14 (5) include, when possible, information from the previous fiscal year, 15 comparisons to previous fiscal years, and cumulative information; and 16 (6) present the summary and analysis to the legislature within 10 days 17 after the convening of the next regular session of the legislature following the 18 submission of the report. 19 * Sec. 13. AS 44.19.649 is amended to read: 20 Sec. 44.19.649. Definitions [DEFINITION]. In AS 44.19.641 - 44.19.649, 21 (1) "commission" means the Alaska Criminal Justice Data Analysis 22 Commission; 23 (2) "recidivism" means the percentage of convicted defendants 24 who are booked into, or who return to, a correctional facility within three years 25 after release or the date of conviction, whichever is later; 26 (3) "technical violation" means a violation of a condition of 27 probation or parole that does not constitute 28 (A) a new criminal offense; 29 (B) failure to complete sex offender treatment; or 30 (C) failure to complete an intervention program for 31 batterers.
01 * Sec. 14. AS 44.66.010(a)(5) is amended to read: 02 (5) Council on Domestic Violence and Sexual Assault (AS 18.66.010) 03 - June 30, 2028 [2022]; 04 * Sec. 15. AS 44.66.010(a) is amended by adding a new paragraph to read: 05 (14) Alaska Criminal Justice Data Analysis Commission 06 (AS 44.19.641) - June 30, 2029. 07 * Sec. 16. AS 47.38.100(b) is amended to read: 08 (b) The commissioner, in cooperation with the Alaska Criminal Justice Data 09 Analysis Commission established in AS 44.19.641, may provide for programs that 10 have, as a primary focus, rehabilitation and reduction of recidivism for persons on 11 probation or parole or incarcerated for offenses and recently released from correctional 12 facilities. The commissioner may enter into contracts to provide for programs under 13 this section. An eligible program under this section must accomplish at least one of the 14 following objectives: 15 (1) increasing access to evidence-based rehabilitation programs, 16 including drug and alcohol treatment, mental health treatment, and cognitive 17 behavioral programs; or 18 (2) supporting offenders' transition and re-entry from correctional 19 facilities to the community, including transitional housing services, employment 20 services, vocational training, educational support, counseling, and medical care. 21 * Sec. 17. AS 22.20.220; AS 44.19.642(b); and AS 44.66.010(a)(12) are repealed. 22 * Sec. 18. AS 22.20.211; AS 44.19.645(i), and 44.19.647(d) are repealed June 30, 2029. 23 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: COMMISSION MEMBERS. A person who is a member of the 26 Alaska Criminal Justice Commission on the day before the effective date of sec. 6 of this Act 27 continues to serve on the Alaska Criminal Justice Data Analysis Commission until the 28 expiration of the member's term. Each appointing or designating authority shall take the 29 requirements of AS 44.19.642(a), as amended by sec. 6 of this Act, into account when making 30 new appointments or designations. 31 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: ALASKA JUDICIAL COUNCIL. On or before the effective date of 03 sec. 17 of this Act, the Alaska Judicial Council shall conclude business of the council related 04 to the project and annual report required by AS 22.20.220, as repealed by sec. 17 of this Act, 05 and provide all information or data received under AS 22.20.220, as repealed by sec. 17 of 06 this Act, to the Alaska Criminal Justice Data Analysis Commission. 07 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 EXEMPTION FROM AS 44.66.050(e). Sections 14 and 15 of this Act are exempt 10 from the provision of AS 44.66.050(e) that prohibits a bill from continuing or reestablishing 11 more than one board or commission. 12 * Sec. 22. Section 4 of this Act takes effect July 1, 2029. 13 * Sec. 23. Sections 1, 2, and 14 of this Act take effect immediately under AS 01.10.070(c). 14 * Sec. 24. Except as provided in secs. 22 and 23 of this Act, this Act takes effect July 1, 15 2022.