SCS CSHB 66(FIN) am S: "An Act relating to criminal law and procedure; relating to homicide resulting from conduct involving controlled substances; establishing the crime of assault in the presence of a child; relating to the crime of stalking; relating to human trafficking; relating to prostitution; relating to sex trafficking; changing the term 'child pornography' to 'child sexual abuse material'; relating to misconduct involving a controlled substance; relating to sentencing; relating to competency to stand trial; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S 01 "An Act relating to criminal law and procedure; relating to homicide resulting from 02 conduct involving controlled substances; establishing the crime of assault in the 03 presence of a child; relating to the crime of stalking; relating to human trafficking; 04 relating to prostitution; relating to sex trafficking; changing the term 'child 05 pornography' to 'child sexual abuse material'; relating to misconduct involving a 06 controlled substance; relating to sentencing; relating to competency to stand trial; 07 relating to the duty to register as a sex offender; amending the definition of 'sex offense'; 08 relating to multidisciplinary child protection teams; relating to involuntary civil 09 commitments; relating to victims' rights during certain civil commitment proceedings; 10 relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska 11 Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and 12 providing for an effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 05 state's rates of sexual assault and sexual abuse being some of the highest in the United States, 06 presenting evidence to a grand jury in state court should be similar to and not more difficult 07 than presenting evidence to a grand jury in federal court in the state. 08 (b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 09 Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 10 fairness during all phases of the criminal and juvenile justice process," supports allowing the 11 prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 12 court in which the hearsay rules do not apply to grand jury proceedings. 13 (c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 14 as amended by sec. 57 of this Act, is a response, in part, to the decision of the Alaska Court of 15 Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 16 (d) The legislature further finds that 14 percent of the state's general population is 17 Alaska Native, yet 40 percent of the Department of Corrections' inmate population is Alaska 18 Native. The Alaska Native prison population is triple its representation in the general 19 population, indicating a general failure in efforts to prevent first encounters with the criminal 20 justice system and the lack of support required to prevent recidivism. 21 * Sec. 2. AS 04.06.110 is amended to read: 22 Sec. 04.06.110. Peace officer powers. The director and the persons employed for the 23 administration and enforcement of this title may, with the concurrence of the commissioner of 24 public safety, exercise the powers of peace officers when those powers are specifically 25 granted by the board. Powers granted by the board under this section may be exercised only 26 when necessary for the enforcement of the criminally punishable provisions of this title, 27 regulations of the board, and other criminally punishable laws and regulations, including 28 investigation of violations of laws against prostitution and sex trafficking described in 29 AS 11.66.100 - 11.66.137 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 30 gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless authorized by a 31 search warrant described in AS 12.35, nothing in this section authorizes the use of metal keys,
01 magnetic card keys, or identification cards to access private clubs. 02 * Sec. 3. AS 11.41.110 is amended to read: 03 Sec. 11.41.110. Murder in the second degree. (a) A person commits the 04 crime of murder in the second degree if 05 (1) with intent to cause serious physical injury to another person or 06 knowing that the conduct is substantially certain to cause death or serious physical 07 injury to another person, the person causes the death of any person; 08 (2) the person knowingly engages in conduct that results in the death 09 of another person under circumstances manifesting an extreme indifference to the 10 value of human life; 11 (3) under circumstances not amounting to murder in the first degree 12 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 13 person commits or attempts to commit arson in the first degree, kidnapping, sexual 14 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 15 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 16 degree, escape in the first or second degree, robbery in any degree, or misconduct 17 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 18 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 19 in immediate flight from that crime, any person causes the death of a person other than 20 one of the participants; 21 (4) acting with a criminal street gang, the person commits or attempts 22 to commit a crime that is a felony and, in the course of or in furtherance of that crime 23 or in immediate flight from that crime, any person causes the death of a person other 24 than one of the participants; [OR] 25 (5) the person with criminal negligence causes the death of a child 26 under the age of 16, and the person has been previously convicted of a crime involving 27 a child under the age of 16 that was 28 (A) a felony violation of AS 11.41; 29 (B) in violation of a law or ordinance in another jurisdiction 30 with elements similar to a felony under AS 11.41; or 31 (C) an attempt, a solicitation, or a conspiracy to commit a
01 crime listed in (A) or (B) of this paragraph; or 02 (6) the person knowingly manufactures or delivers a controlled 03 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 04 direct result of ingestion of the controlled substance; the death is a result that 05 does not require a culpable mental state. 06 (b) Except as provided in (c) of this section, murder [MURDER] in the 07 second degree is an unclassified felony and is punishable as provided in AS 12.55. 08 * Sec. 4. AS 11.41.110 is amended by adding a new subsection to read: 09 (c) In a prosecution for murder in the second degree under (a)(6) of this 10 section, it is an affirmative defense that reduces the crime to a class A felony that, at 11 the time of the offense, 12 (1) the defendant sought, in good faith, medical or law enforcement 13 assistance for the other person; 14 (2) the defendant remained at the scene with the other person until 15 medical or law enforcement assistance arrived; 16 (3) the defendant cooperated with medical or law enforcement 17 personnel, including by providing identification; and 18 (4) the offense involved small quantities of a controlled substance that 19 were not delivered for a profit. 20 * Sec. 5. AS 11.41.120(a) is amended to read: 21 (a) A person commits the crime of manslaughter if the person 22 (1) intentionally, knowingly, or recklessly causes the death of another 23 person under circumstances not amounting to murder in the first or second degree; 24 (2) intentionally aids another person to commit suicide; or 25 (3) knowingly manufactures or delivers a controlled substance in 26 violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 27 IVA controlled substances, and another [A] person dies as a direct result of ingestion 28 of the controlled substance; the death is a result that does not require a culpable mental 29 state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 30 INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 31 MANNER].
01 * Sec. 6. AS 11.41.140 is amended to read: 02 Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 03 (1) "ingestion" means voluntarily or involuntarily taking a 04 substance into the body in any manner; 05 (2) "person" means, when referring to the victim of a crime, 06 [MEANS] a human being who has been born and was alive at the time of the criminal 07 act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 08 when respiratory and cardiac functions are maintained by artificial means, there is 09 spontaneous brain function. 10 * Sec. 7. AS 11.41 is amended by adding a new section to read: 11 Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 12 crime of assault in the presence of a child if the person commits an assault under 13 AS 11.41.200 - 11.41.230 and the assault is a crime involving domestic violence, as 14 defined in AS 18.66.990, or commits a sexual assault under AS 11.41.410 - 11.41.427 15 with reckless disregard that, at the time of the assault, a child under 16 years of age is 16 present in the dwelling, vehicle, or location where the assault occurs. 17 (b) In this section, 18 (1) "dwelling" does not include another unit in multi-unit housing; 19 (2) "present" means physically present or within hearing of the assault. 20 (c) Assault in the presence of a child is a class A misdemeanor. 21 * Sec. 8. AS 11.41.260(a) is amended to read: 22 (a) A person commits the crime of stalking in the first degree if the person 23 violates AS 11.41.270 and 24 (1) the actions constituting the offense are in violation of an order 25 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 26 under former AS 25.35.010(b) or 25.35.020; 27 (2) the actions constituting the offense are in violation of a condition of 28 probation, release before trial, release after conviction, or parole; 29 (3) the victim is under 16 years of age; 30 (4) at any time during the course of conduct constituting the offense, 31 the defendant possessed a deadly weapon;
01 (5) the defendant has been previously convicted of a crime under this 02 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 03 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 04 AS 11.56.740; or 05 (6) the defendant has been previously convicted of a crime, or an 06 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 07 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 08 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 09 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 10 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 11 involving the same victim as the present offense. 12 * Sec. 9. AS 11.41.365(a) is amended to read: 13 (a) A person commits the crime of human trafficking in the second degree if, 14 under circumstances not proscribed under AS 11.66.100 - 11.66.150, the person 15 intentionally induces or causes another person to engage in adult entertainment 16 or labor by 17 (1) exposing or threatening to expose confidential information or a 18 secret, whether true or false, tending to subject a person to hatred, contempt, or 19 ridicule; 20 (2) destroying, concealing, or threatening to destroy or conceal an 21 actual or purported passport or immigration document or another actual or 22 purported identification document of any person; 23 (3) threatening to report a person to a government agency for the 24 purpose of arrest or deportation; 25 (4) threatening to collect a debt; 26 (5) instilling in a person a fear that lodging, food, clothing, or 27 medication will be withheld from any person; 28 (6) providing a controlled substance to or withholding a controlled 29 substance from the other person; or 30 (7) engaging in deception [OBTAINS A BENEFIT FROM THE 31 COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH
01 RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 02 TRAFFICKING]. 03 * Sec. 10. AS 11.61.125(a) is amended to read: 04 (a) A person commits the crime of distribution of child sexual abuse material 05 [PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 06 solicits, or offers to distribute in this state any material that is proscribed under 07 AS 11.61.127. 08 * Sec. 11. AS 11.61.125(e) is amended to read: 09 (e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 10 (1) class B felony; or 11 (2) class A felony if the person has been previously convicted of 12 distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 13 a similar crime in this or another jurisdiction. 14 * Sec. 12. AS 11.61.127(a) is amended to read: 15 (a) A person commits the crime of possession of child sexual abuse material 16 [PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 17 computer with intent to view any material that visually depicts conduct described in 18 AS 11.41.455(a) knowing that the production of the material involved the use of a 19 child under 18 years of age who engaged in the conduct or a depiction of a part of an 20 actual child under 18 years of age who, by manipulation, creation, or modification, 21 appears to be engaged in the conduct. 22 * Sec. 13. AS 11.61.127(g) is amended to read: 23 (g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 24 C felony. 25 * Sec. 14. AS 11.66.100(c) is amended to read: 26 (c) A person may not be prosecuted under (a)(1) of this section if the 27 (1) person witnessed or was a victim of, and reported to law 28 enforcement in good faith, one or more of the following crimes: 29 (A) murder in the first degree under AS 11.41.100; 30 (B) murder in the second degree under AS 11.41.110; 31 (C) manslaughter under AS 11.41.120;
01 (D) criminally negligent homicide under AS 11.41.130; 02 (E) assault in the first degree under AS 11.41.200; 03 (F) assault in the second degree under AS 11.41.210; 04 (G) assault in the third degree under AS 11.41.220; 05 (H) assault in the fourth degree under AS 11.41.230; 06 (I) sexual assault in the first degree under AS 11.41.410; 07 (J) sexual assault in the second degree under AS 11.41.420; 08 (K) sexual assault in the third degree under AS 11.41.425; 09 (L) sexual assault in the fourth degree under AS 11.41.427; 10 (M) sexual abuse of a minor in the first degree under 11 AS 11.41.434; 12 (N) sexual abuse of a minor in the second degree under 13 AS 11.41.436; 14 (O) sexual abuse of a minor in the third degree under 15 AS 11.41.438; 16 (P) sexual abuse of a minor in the fourth degree under 17 AS 11.41.440; 18 (Q) robbery in the first degree under AS 11.41.500; 19 (R) robbery in the second degree under AS 11.41.510; 20 (S) extortion under AS 11.41.520; 21 (T) coercion under AS 11.41.530; 22 (U) distribution of child sexual abuse material 23 [PORNOGRAPHY] under AS 11.61.125; 24 (V) possession of child sexual abuse material 25 [PORNOGRAPHY] under AS 11.61.127; 26 (W) sex trafficking in the first degree under AS 11.66.110; 27 (X) sex trafficking in the second degree under AS 11.66.120; 28 (Y) sex trafficking in the third degree under AS 11.66.130; or 29 (Z) sex trafficking in the fourth degree under AS 11.66.135; 30 (2) evidence supporting the prosecution under (a)(1) of this section 31 was obtained or discovered as a result of the person reporting the crime to law
01 enforcement; and 02 (3) person cooperated with law enforcement personnel. 03 * Sec. 15. AS 11.66.100(d) is amended to read: 04 (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 05 PROSTITUTION] is a class B misdemeanor. 06 * Sec. 16. AS 11.66.120(a) is amended to read: 07 (a) A person commits the crime of sex trafficking in the second degree if the 08 person 09 (1) manages, supervises, controls, or owns, either alone or in 10 association with others, a prostitution enterprise other than a place of prostitution; 11 (2) procures or solicits a patron for a prostitute; [OR] 12 (3) offers, sells, advertises, promotes, or facilitates travel that includes 13 a commercial sexual act [CONDUCT] as enticement for the travel; or 14 (4) under circumstances not proscribed under AS 11.66.110, 15 induces or causes another person to engage in a commercial sexual act [IN THIS 16 PARAGRAPH, "COMMERCIAL SEXUAL CONDUCT" MEANS SEXUAL 17 CONDUCT FOR WHICH ANYTHING OF VALUE IS GIVEN OR RECEIVED BY 18 ANY PERSON]. 19 * Sec. 17. AS 11.66.120 is amended by adding a new subsection to read: 20 (c) For purposes of this section, inducing or causing another person to engage 21 in a commercial sexual act includes the following: 22 (1) exposing or threatening to expose confidential information or a 23 secret, whether true or false, that would subject a person to hatred, contempt, or 24 ridicule; 25 (2) destroying, concealing, or threatening to destroy or conceal an 26 actual or purported passport or immigration document or another actual or purported 27 identification document of any person; 28 (3) threatening to report a person to a government agency for the 29 purpose of arrest or deportation; 30 (4) threatening to collect a debt; 31 (5) instilling in a person a fear that lodging, food, clothing, or
01 medication will be withheld from any person; 02 (6) providing a controlled substance to or withholding a controlled 03 substance from the other person; or 04 (7) engaging in deception. 05 * Sec. 18. AS 11.66 is amended by adding a new section to read: 06 Sec. 11.66.137. Patron of a victim of sex trafficking. (a) A person commits 07 the crime of patron of a victim of sex trafficking if the person solicits a commercial 08 sexual act 09 (1) with reckless disregard that the person engaging in the sexual act is 10 a victim of sex trafficking; or 11 (2) from a person who is under 18 years of age. 12 (b) In a prosecution under (a)(2) of this section, it is an affirmative defense 13 that, at the time of the alleged offense, the defendant 14 (1) reasonably believed the person to be 18 years of age or older; and 15 (2) undertook reasonable measures to verify that the person was 18 16 years of age or older. 17 (c) Patron of a victim of sex trafficking is a 18 (1) class B felony if the person violates (a)(2) of this section; 19 (2) class C felony if the person violates (a)(1) of this section. 20 * Sec. 19. AS 11.66.145 is amended to read: 21 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 22 received or derived from, a violation of AS 11.66.110 - 11.66.137 [AS 11.66.100(e) 23 OR 11.66.110 - 11.66.135] may be forfeited at sentencing." 24 * Sec. 20. AS 11.71.010(a) is amended to read: 25 (a) Except as authorized in AS 17.30, a person commits the crime of 26 misconduct involving a controlled substance in the first degree if the person 27 (1) delivers any amount of a schedule IA controlled substance to a 28 person under 19 years of age who is at least three years younger than the person 29 delivering the substance; 30 (2) delivers any amount of a schedule IIA or IIIA controlled substance 31 to a person under 19 years of age who is at least three years younger than the person
01 delivering the substance; [OR] 02 (3) engages in a continuing criminal enterprise; or 03 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 04 controlled substance to a person who is 05 (A) mentally incapable; 06 (B) incapacitated; or 07 (C) unaware that a controlled substance is being delivered. 08 * Sec. 21. AS 11.71.010(b) is amended to read: 09 (b) For purposes of this section, 10 (1) a person is engaged in a "continuing criminal enterprise" if 11 (A) [(1)] the person commits a violation of this chapter which 12 is punishable as a felony; and 13 (B) [(2)] that violation is a part of a continuing series of five or 14 more violations of this chapter 15 (i) [(A)] which the person undertakes in concert with at 16 least five other persons organized, supervised, or otherwise managed by 17 the person; and 18 (ii) [(B)] from which the person obtains substantial 19 income or resources; 20 (2) "incapacitated" has the meaning given in AS 11.41.470; 21 (3) "mentally incapable" has the meaning given in AS 11.41.470. 22 * Sec. 22. AS 11.71.021(a) is amended to read: 23 (a) Except as authorized in AS 17.30, a person commits the crime of 24 misconduct involving a controlled substance in the second degree if the person 25 (1) manufactures or delivers any amount of a schedule IA controlled 26 substance or possesses any amount of a schedule IA controlled substance with intent 27 to manufacture or deliver; 28 (2) manufactures or delivers any material, compound, mixture, or 29 preparation that contains 30 (A) methamphetamine, or its salts, isomers, or salts of isomers; 31 or
01 (B) an immediate precursor of methamphetamine, or its salts, 02 isomers, or salts of isomers; 03 (3) possesses an immediate precursor of methamphetamine, or the 04 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 05 with the intent to manufacture any material, compound, mixture, or preparation that 06 contains methamphetamine, or its salts, isomers, or salts of isomers; 07 (4) possesses a listed chemical with intent to manufacture any material, 08 compound, mixture, or preparation that contains 09 (A) methamphetamine, or its salts, isomers, or salts of isomers; 10 or 11 (B) an immediate precursor of methamphetamine, or its salts, 12 isomers, or salts of isomers; 13 (5) possesses methamphetamine in an organic solution with intent to 14 extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 15 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 16 delivers 17 (A) an immediate precursor of methamphetamine, or the salts, 18 isomers, or salts of isomers of the immediate precursor of methamphetamine, 19 to another person with reckless disregard that the precursor will be used to 20 manufacture any material, compound, mixture, or preparation that contains 21 methamphetamine, or its salts, isomers, or salts of isomers; or 22 (B) a listed chemical to another person with reckless disregard 23 that the listed chemical will be used to manufacture any material, compound, 24 mixture, or preparation that contains 25 (i) methamphetamine, or its salts, isomers, or salts of 26 isomers; 27 (ii) an immediate precursor of methamphetamine, or its 28 salts, isomers, or salts of isomers; or 29 (iii) methamphetamine, or its salts, isomers, or salts of 30 isomers in an organic solution. 31 * Sec. 23. AS 11.71.021(b) is amended to read:
01 (b) In a prosecution under (a) of this section, possession of more than nine 02 [SIX] grams of the listed chemicals ephedrine, pseudoephedrine, 03 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals is 04 prima facie evidence that the person intended to use the listed chemicals to 05 manufacture, to aid or abet another person to manufacture, or to deliver to another 06 person who intends to manufacture methamphetamine, its immediate precursors, or 07 the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. 08 The prima facie evidence described in this subsection does not apply to a person who 09 possesses 10 (1) the listed chemicals ephedrine, pseudoephedrine, 11 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 12 (A) and the listed chemical was dispensed to the person under a 13 valid prescription; or 14 (B) in the ordinary course of a legitimate business, or an 15 employee of a legitimate business, as a 16 (i) retailer or as a wholesaler; 17 (ii) wholesale drug distributor licensed by the Board of 18 Pharmacy; 19 (iii) manufacturer of drug products licensed by the 20 Board of Pharmacy; 21 (iv) pharmacist licensed by the Board of Pharmacy; or 22 (v) health care professional licensed by the state; or 23 (2) less than 24 grams of ephedrine, pseudoephedrine, 24 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 25 kept in a locked storage area on the premises of a legitimate business or nonprofit 26 organization operating a camp, lodge, school, day care center, treatment center, or 27 other organized group activity, and the location or nature of the activity, or the age of 28 the participants, makes it impractical for the participants in the activity to obtain 29 medicinal products. 30 * Sec. 24. AS 11.71.210(a) is amended to read: 31 (a) A person commits the crime of purchase or receipt of restricted amounts of
01 certain listed chemicals if the person purchases or receives more than nine [SIX] 02 grams of the following listed chemical, its salts, isomers, or salts of isomers within 03 any 30-day period: 04 (1) ephedrine under AS 11.71.200(4); 05 (2) pseudoephedrine under AS 11.71.200(13); 06 (3) phenylpropanolamine under AS 11.71.200(11). 07 * Sec. 25. AS 11.71.210(b) is amended to read: 08 (b) This section does not apply to a person who lawfully purchases or receives 09 (1) more than nine [SIX] grams of a listed chemical identified in (a) of 10 this section 11 (A) that was dispensed to the person under a valid prescription; 12 or 13 (B) in the ordinary course of a legitimate business, or to an 14 employee of a legitimate business, as a 15 (i) retailer or as a wholesaler; 16 (ii) wholesale drug distributor licensed by the Board of 17 Pharmacy; 18 (iii) manufacturer of drug products licensed by the 19 Board of Pharmacy; 20 (iv) pharmacist licensed by the Board of Pharmacy; or 21 (v) health care professional licensed by the state; or 22 (2) more than nine [SIX] but less than 24 grams of a 23 listed chemical identified in (a) of this section in the ordinary course of 24 a legitimate business or nonprofit organization, or as an employee of a 25 legitimate business or nonprofit organization, operating a camp, lodge, 26 school, day care center, treatment center, or other organized group 27 activity, and the location or nature of the activity, or the age of the 28 participants, makes it impractical for the participants in the activity to 29 obtain medicinal products. 30 * Sec. 26. AS 11.81.900(b) is amended by adding new paragraphs to read: 31 (69) "commercial sexual act" means a sexual act for which anything of
01 value is given or received by any person; 02 (70) "sexual act" means sexual penetration or sexual contact. 03 * Sec. 27. AS 12.10.010(a) is amended to read: 04 (a) Prosecution for the following offenses may be commenced at any time: 05 (1) murder; 06 (2) attempt, solicitation, or conspiracy to commit murder or hindering 07 the prosecution of murder; 08 (3) felony sexual abuse of a minor; 09 (4) sexual assault that is an unclassified, class A, or class B felony or a 10 violation of AS 11.41.425(a)(2) - (4); 11 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 12 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 13 who, at the time of the offense, was under 18 years of age; 14 (6) kidnapping; 15 (7) distribution of child sexual abuse material [PORNOGRAPHY] in 16 violation of AS 11.61.125; 17 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 18 unclassified, class A, or class B felony or that is committed against a person who, at 19 the time of the offense, was under 20 years of age; 20 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 21 * Sec. 28. AS 12.47.070(a) is amended to read: 22 (a) If a defendant has filed a notice of intention to rely on the affirmative 23 defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 24 there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 25 that a mental disease or defect of the defendant will otherwise become an issue in the 26 case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 27 TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 28 CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 29 examine and report on [UPON] the mental condition of the defendant. If the court 30 appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 31 may select psychologists to provide assistance. If the defendant has filed notice under
01 AS 12.47.090(a), the report shall consider whether the defendant can still be 02 committed under AS 12.47.090(c). The court may order the defendant to be committed 03 to a secure facility for the purpose of the examination for not more than 60 days or for 04 a [SUCH] longer period as the court determines to be necessary for the purpose and 05 may direct that a qualified psychiatrist retained by the defendant be permitted to 06 witness and participate in the examination. 07 * Sec. 29. AS 12.47.100(b) is amended to read: 08 (b) If, before imposition of sentence, the prosecuting attorney or the attorney 09 for the defendant has reasonable cause to believe that the defendant is presently 10 suffering from a mental disease or defect that causes the defendant to be unable to 11 understand the proceedings or to assist in the person's own defense, the attorney may 12 file a motion for a judicial determination of the competency of the defendant. Upon 13 that motion, or upon its own motion, the court, if justified by findings of fact and 14 conclusions of law, shall have the defendant examined by at least one qualified 15 psychiatrist or psychologist, who shall report to the court concerning the competency 16 of the defendant. For the purpose of the examination, the court may order the 17 defendant committed for a reasonable period to a suitable hospital or other facility 18 designated by the court. If the report of the psychiatrist or psychologist indicates that 19 the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 20 evidence as to the competency of the defendant may be submitted, including that of 21 the reporting psychiatrist or psychologist, and make appropriate findings. Before the 22 hearing, the court shall, upon request of the prosecuting attorney, order the defendant 23 to submit to an additional evaluation by a psychiatrist or psychologist designated by 24 the prosecuting attorney. 25 * Sec. 30. AS 12.47.100 is amended by adding new subsections to read: 26 (i) The court may order a defendant to be examined under this section at an 27 outpatient clinic or other facility as a condition of the defendant's release under 28 AS 12.30. In considering the conditions of a defendant's release under this subsection, 29 the court shall, in addition to any applicable requirement under AS 12.30, consider 30 (1) any medical information provided by the Department of Family 31 and Community Services;
01 (2) the defendant's mental condition; 02 (3) the defendant's level of need for evaluation and treatment under 03 this chapter; 04 (4) the defendant's ability to participate in outpatient treatment; and 05 (5) the defendant's history of evaluation and treatment under this 06 chapter. 07 (j) If the defendant is charged with a felony offense against a person under 08 AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 09 examination under (b) of this section may, at the same time, evaluate the defendant to 10 determine whether the defendant meets the standards for involuntary commitment 11 under AS 47.30.700 - 47.30.915. 12 (k) In making findings of fact and conclusions of law under (b) of this section, 13 a court may rely on a defense attorney's representation. 14 * Sec. 31. AS 12.47.110 is amended by adding new subsections to read: 15 (f) The court may order a defendant to receive further evaluation and 16 treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 17 condition of the defendant's release under AS 12.30. In considering the conditions of a 18 defendant's release under this subsection, the court shall, in addition to any applicable 19 requirement under AS 12.30, consider 20 (1) any medical information provided by the Department of Family 21 and Community Services; 22 (2) the defendant's mental condition; 23 (3) the defendant's level of need for evaluation and treatment under 24 this chapter; 25 (4) the defendant's ability to participate in outpatient treatment; and 26 (5) the defendant's history of evaluation and treatment under this 27 chapter. 28 (g) Before criminal charges against a defendant charged with a felony offense 29 against a person under AS 11.41 or felony arson are dismissed under (b) of this 30 section, the prosecutor shall 31 (1) file a petition seeking involuntary commitment of the defendant
01 under AS 47.30.706 before dismissal of the charges; 02 (2) notify the division of the Department of Law that has responsibility 03 for civil cases of the petition within 24 hours after filing the petition; and 04 (3) provide the court's findings to the division of the Department of 05 Law that has responsibility for civil cases within 24 hours after the court's ruling. 06 * Sec. 32. AS 12.55.125(c) is amended to read: 07 (c) Except as provided in (i) of this section, a defendant convicted of a class A 08 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 09 and shall be sentenced to a definite term within the following presumptive ranges, 10 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, four to seven years; 13 (2) if the offense is a first felony conviction 14 (A) and the defendant possessed a firearm, used a dangerous 15 instrument, or caused serious physical injury or death during the commission 16 of the offense, or knowingly directed the conduct constituting the offense at a 17 uniformed or otherwise clearly identified peace officer, firefighter, correctional 18 employee, emergency medical technician, paramedic, ambulance attendant, or 19 other emergency responder who was engaged in the performance of official 20 duties at the time of the offense, seven to 11 years; 21 (B) and the conviction is for manufacturing related to 22 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 23 (i) the manufacturing occurred in a building with 24 reckless disregard that the building was used as a permanent or 25 temporary home or place of lodging for one or more children under 18 26 years of age or the building was a place frequented by children; or 27 (ii) in the course of manufacturing or in preparation for 28 manufacturing, the defendant obtained the assistance of one or more 29 children under 18 years of age or one or more children were present; 30 (C) and the conviction is for manufacturing or delivery 31 under AS 11.71.021(a)(1) related to a schedule IA controlled substance set
01 out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 02 schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 03 years; 04 (3) if the offense is a second felony conviction, 10 to 14 years; 05 (4) if the offense is a third felony conviction and the defendant is not 06 subject to sentencing under (l) of this section, 15 to 20 years. 07 * Sec. 33. AS 12.55.125(i) is amended to read: 08 (i) A defendant convicted of 09 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 10 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 11 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 12 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 13 than 99 years and shall be sentenced to a definite term within the following 14 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 15 (A) if the offense is a first felony conviction, the offense does 16 not involve circumstances described in (B) of this paragraph, and the victim 17 was 18 (i) less than 13 years of age, 25 to 35 years; 19 (ii) 13 years of age or older, 20 to 30 years; 20 (B) if the offense is a first felony conviction and the defendant 21 possessed a firearm, used a dangerous instrument, or caused serious physical 22 injury during the commission of the offense, 25 to 35 years; 23 (C) if the offense is a second felony conviction and does not 24 involve circumstances described in (D) of this paragraph, 30 to 40 years; 25 (D) if the offense is a second felony conviction and the 26 defendant has a prior conviction for a sexual felony, 35 to 45 years; 27 (E) if the offense is a third felony conviction and the defendant 28 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 29 to 60 years; 30 (F) if the offense is a third felony conviction, the defendant is 31 not subject to sentencing under (l) of this section, and the defendant has two
01 prior convictions for sexual felonies, 99 years; 02 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 03 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 04 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 05 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 06 minor in the first degree, or sex trafficking in the first degree under 07 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 08 than 99 years and shall be sentenced to a definite term within the following 09 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10 (A) if the offense is a first felony conviction, the offense does 11 not involve circumstances described in (B) of this paragraph, and the victim 12 was 13 (i) under 13 years of age, 20 to 30 years; 14 (ii) 13 years of age or older, 15 to 30 years; 15 (B) if the offense is a first felony conviction and the defendant 16 possessed a firearm, used a dangerous instrument, or caused serious physical 17 injury during the commission of the offense, 25 to 35 years; 18 (C) if the offense is a second felony conviction and does not 19 involve circumstances described in (D) of this paragraph, 25 to 35 years; 20 (D) if the offense is a second felony conviction and the 21 defendant has a prior conviction for a sexual felony, 30 to 40 years; 22 (E) if the offense is a third felony conviction, the offense does 23 not involve circumstances described in (F) of this paragraph, and the defendant 24 is not subject to sentencing under (l) of this section, 35 to 50 years; 25 (F) if the offense is a third felony conviction, the defendant is 26 not subject to sentencing under (l) of this section, and the defendant has two 27 prior convictions for sexual felonies, 99 years; 28 (3) sexual assault in the second degree, sexual abuse of a minor in the 29 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 30 first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 31 [PORNOGRAPHY] under AS 11.61.125(e)(2), patron of a victim of sex trafficking
01 under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 02 in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 03 imprisonment of not more than 99 years and shall be sentenced to a definite term 04 within the following presumptive ranges, subject to adjustment as provided in 05 AS 12.55.155 - 12.55.175: 06 (A) if the offense is a first felony conviction, five to 15 years; 07 (B) if the offense is a second felony conviction and does not 08 involve circumstances described in (C) of this paragraph, 10 to 25 years; 09 (C) if the offense is a second felony conviction and the 10 defendant has a prior conviction for a sexual felony, 15 to 30 years; 11 (D) if the offense is a third felony conviction and does not 12 involve circumstances described in (E) of this paragraph, 20 to 35 years; 13 (E) if the offense is a third felony conviction and the defendant 14 has two prior convictions for sexual felonies, 99 years; 15 (4) sexual assault in the third degree, sexual abuse of a minor in the 16 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 17 AS 11.41.458(b)(1), indecent viewing or production of a picture under 18 AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], possession of child sexual 19 abuse material [PORNOGRAPHY], distribution of child sexual abuse material 20 [PORNOGRAPHY] under AS 11.61.125(e)(1), patron of a victim of sex trafficking 21 under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 22 in the second degree, sexual abuse of a minor in the second degree, unlawful 23 exploitation of a minor, [OR] distribution of child sexual abuse material, or patron 24 of a victim of sex trafficking under AS 11.66.137 [PORNOGRAPHY], may be 25 sentenced to a definite term of imprisonment of not more than 99 years and shall be 26 sentenced to a definite term within the following presumptive ranges, subject to 27 adjustment as provided in AS 12.55.155 - 12.55.175: 28 (A) if the offense is a first felony conviction and does not 29 involve the circumstances described in (B) or (C) of this paragraph, two to 12 30 years; 31 (B) if the offense is a first felony conviction under
01 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 02 paragraph, four to 12 years; 03 (C) if the offense is a first felony conviction under 04 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 05 a mechanism for multi-party sharing or distribution of child sexual abuse 06 material [PORNOGRAPHY], or received a financial benefit or had a financial 07 interest in a child sexual abuse material [PORNOGRAPHY] sharing or 08 distribution mechanism, six to 14 years; 09 (D) if the offense is a second felony conviction and does not 10 involve circumstances described in (E) of this paragraph, eight to 15 years; 11 (E) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 12 to 20 years; 13 (F) if the offense is a third felony conviction and does not 14 involve circumstances described in (G) of this paragraph, 15 to 25 years; 15 (G) if the offense is a third felony conviction and the defendant 16 has two prior convictions for sexual felonies, 99 years. 17 * Sec. 34. AS 12.55.127(c) is amended to read: 18 (c) If the defendant is being sentenced for 19 (1) escape, the term of imprisonment shall be consecutive to the term 20 for the underlying crime; 21 (2) two or more crimes under AS 11.41, a consecutive term of 22 imprisonment shall be imposed for at least 23 (A) the mandatory minimum term under AS 12.55.125(a) for 24 each additional crime that is murder in the first degree; 25 (B) the mandatory minimum term for each additional crime 26 that is an unclassified felony governed by AS 12.55.125(b); 27 (C) the presumptive term specified in AS 12.55.125(c) or the 28 active term of imprisonment, whichever is less, for each additional crime that 29 is 30 (i) manslaughter; or 31 (ii) kidnapping that is a class A felony;
01 (D) two years or the active term of imprisonment, whichever is 02 less, for each additional crime that is criminally negligent homicide; 03 (E) one-fourth of the presumptive term under AS 12.55.125(c) 04 or (i) for each additional crime that is sexual assault in the first degree under 05 AS 11.41.410 or sexual abuse of a minor in the first degree under 06 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 07 offenses; and 08 (F) some additional term of imprisonment for each additional 09 crime, or each additional attempt or solicitation to commit the offense, under 10 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11 11.41.500 - 11.41.520; 12 (3) two or more crimes of violation of condition of release under 13 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 14 additional term of imprisonment for the underlying crime and each additional 15 crime under AS 11.56.757. 16 * Sec. 35. AS 12.55.127(d) is amended to read: 17 (d) If the defendant is being sentenced for two or more crimes of distribution 18 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 19 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 20 distribution of indecent material to minors under AS 11.61.128, a consecutive term of 21 imprisonment shall be imposed for some additional term of imprisonment for each 22 additional crime or each additional attempt or solicitation to commit the offense. 23 * Sec. 36. AS 12.55.185(16) is amended to read: 24 (16) "sexual felony" means sexual assault in the first degree, sexual 25 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 26 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 27 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 28 patron of a victim of sex trafficking, indecent viewing or production of a picture 29 under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 30 sexual abuse material [PORNOGRAPHY], sexual assault in the third degree, incest, 31 indecent exposure in the first degree, possession of child sexual abuse material
01 [PORNOGRAPHY], enticement of a minor, and felony attempt, conspiracy, or 02 solicitation to commit those crimes; 03 * Sec. 37. AS 12.63.010(b) is amended to read: 04 (b) A sex offender or child kidnapper required to register under (a) of this 05 section shall register with the Department of Corrections if the sex offender or child 06 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 07 police department located nearest to where the sex offender or child kidnapper resides 08 at the time of registration. To fulfill the registration requirement, the sex offender or 09 child kidnapper shall 10 (1) complete a registration form that includes the following 11 information, if applicable: [, AT A MINIMUM,] 12 (A) the sex offender's or child kidnapper's full name, mailing 13 and physical addresses, school address, telephone numbers used by the sex 14 offender or child kidnapper, social security number, passport 15 information, citizenship status, physical address of employment, name of 16 employer, job title [PLACE OF EMPLOYMENT], and date of birth; 17 (B) each conviction for a sex offense or child kidnapping for 18 which the duty to register has not terminated under AS 12.63.020, the date of 19 the sex offense or child kidnapping convictions, the place and court of the sex 20 offense or child kidnapping convictions, and whether the sex offender or child 21 kidnapper has been unconditionally discharged from the conviction for a sex 22 offense or child kidnapping and the date of the unconditional discharge; if the 23 sex offender or child kidnapper asserts that the offender or kidnapper has been 24 unconditionally discharged, the offender or kidnapper shall supply proof of 25 that discharge acceptable to the department; 26 (C) all aliases used; 27 (D) the sex offender's or child kidnapper's driver's license 28 number; 29 (E) the description, license numbers, and vehicle identification 30 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 31 recreational vehicles, the sex offender or child kidnapper has access to,
01 regardless of whether that access is regular or not; 02 (F) any identifying features of the sex offender or child 03 kidnapper; 04 (G) anticipated changes of address and any temporary 05 lodging used by the sex offender or child kidnapper for seven days or 06 more; 07 (H) a statement concerning whether the offender or kidnapper 08 has had treatment for a mental abnormality or personality disorder since the 09 date of conviction for an offense requiring registration under this chapter; 10 [AND] 11 (I) each electronic mail address, instant messaging address, and 12 other Internet communication identifier used by the sex offender or child 13 kidnapper; and 14 (J) professional licensing information; 15 (2) allow the Alaska state troopers, Department of Corrections, [OR] 16 municipal police, or any peace officer to take a complete set of the sex offender's or 17 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 18 kidnapper's photograph. 19 * Sec. 38. AS 12.63.010(d) is amended to read: 20 (d) A sex offender or child kidnapper required to register 21 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 22 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 23 department at the time of the sex offender's or child kidnapper's initial registration, 24 provide written verification to the department, in the manner required by the 25 department, of the information provided under (b)(1) of this section [SEX 26 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 27 the information previously provided under (b)(1) of this section; 28 (2) for life under (a) of this section and AS 12.63.020 shall, not less 29 than quarterly, on a date set by the department, provide written verification to the 30 department, in the manner required by the department, of the information provided 31 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S
01 ADDRESS] and notice of any changes to the information previously provided under 02 (b)(1) of this section. 03 * Sec. 39. AS 12.63.010 is amended by adding new subsections to read: 04 (g) If a sex offender or child kidnapper plans to leave the state for 05 international travel after having registered under (a) of this section, the sex offender or 06 child kidnapper shall provide to the department or a municipal police department in 07 the state written notice of the plan for any intended travel outside the United States at 08 least 21 days before leaving the state for international travel. 09 (h) If a sex offender or child kidnapper is away from the physical address 10 provided to the department under (b)(1)(A) of this section for a period of seven days 11 or more, the sex offender or child kidnapper shall notify the department in writing of 12 the address being used by the sex offender or child kidnapper while away from the 13 physical address provided under (b)(1)(A) of this section. 14 * Sec. 40. AS 12.63.020(a) is amended to read: 15 (a) The duty of a sex offender or child kidnapper to comply with the 16 requirements of AS 12.63.010 is as follows: 17 (1) for a sex offender or child kidnapper, as that term is defined in 18 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 19 (A) continues for the lifetime of a sex offender or child 20 kidnapper convicted of 21 (i) one aggravated sex offense; or 22 (ii) two or more sex offenses, two or more child 23 kidnappings, or one sex offense and one child kidnapping; for purposes 24 of this section, a person convicted of indecent exposure before a person 25 under 16 years of age under AS 11.41.460 more than two times has 26 been convicted of two or more sex offenses; 27 (B) ends 15 years following the sex offender's or child 28 kidnapper's unconditional discharge from a conviction for a single sex offense 29 that is not an aggravated sex offense or for a single child kidnapping if the sex 30 offender or child kidnapper has supplied proof that is acceptable to the 31 department of the unconditional discharge; the registration period under this
01 subparagraph 02 (i) is tolled for the period [EACH YEAR] that a sex 03 offender or child kidnapper fails to comply with the requirements of 04 this chapter or is incarcerated for the offense or kidnapping for which 05 the offender or kidnapper is required to register or for any other 06 offense; 07 (ii) may include the time a sex offender or child 08 kidnapper was absent from this state if the sex offender or child 09 kidnapper has complied with any sex offender or child kidnapper 10 registration requirements of the jurisdiction in which the offender or 11 kidnapper was located and if the sex offender or child kidnapper 12 provides the department with proof of the compliance while the sex 13 offender or child kidnapper was absent from this state; and 14 (iii) continues for a sex offender or child kidnapper who 15 has not supplied proof acceptable to the department of the offender's or 16 kidnapper's unconditional discharge for the sex offense or child 17 kidnapping requiring registration; 18 (2) for a sex offender or child kidnapper, as that term is defined in 19 AS 12.63.100(6)(B), the duty continues for the period determined by the department 20 under (b) of this section. 21 * Sec. 41. AS 12.63.100(7) is amended to read: 22 (7) "sex offense" means 23 (A) a crime under AS 11.41.100(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit a 25 sexual offense, or a similar offense under the laws of the other jurisdiction; in 26 this subparagraph, "sexual offense" has the meaning given in 27 AS 11.41.100(a)(3); 28 (B) a crime under AS 11.41.110(a)(3), or a similar law of 29 another jurisdiction, in which the person committed or attempted to commit 30 one of the following crimes, or a similar law of another jurisdiction: 31 (i) sexual assault in the first degree;
01 (ii) sexual assault in the second degree; 02 (iii) sexual abuse of a minor in the first degree; or 03 (iv) sexual abuse of a minor in the second degree; 04 (C) a crime, or an attempt, solicitation, or conspiracy to commit 05 a crime, under the following statutes or a similar law of another jurisdiction: 06 (i) AS 11.41.410 - 11.41.438; 07 (ii) AS 11.41.440(a)(2); 08 (iii) AS 11.41.450 - 11.41.458; 09 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 10 exposure is before a person under 16 years of age and the offender has 11 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 12 (v) AS 11.61.125 - 11.61.128; 13 (vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 14 AS 26.05.900(b) if the person who was induced or caused to engage in 15 prostitution was under 20 years of age at the time of the offense; 16 (vii) former AS 11.15.120, former 11.15.134, or assault 17 with the intent to commit rape under former AS 11.15.160, former 18 AS 11.40.110, or former 11.40.200; 19 (viii) AS 11.61.118(a)(2) if the offender has a previous 20 conviction for that offense; 21 (ix) AS 11.66.100(a)(2) if the offender is subject to 22 punishment under former AS 11.66.100(e); 23 (x) AS 26.05.890 if the person engaged in sexual 24 penetration or sexual contact with the victim; 25 (xi) AS 26.05.890 if, at the time of the offense, the 26 victim is under a duty to obey the lawful orders of the offender, 27 regardless of whether the offender is in the direct chain of command 28 over the victim; 29 (xii) AS 26.05.893 if the person engaged in sexual 30 penetration or sexual contact with the victim; 31 (xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the
01 victim is under 18 years of age at the time of the offense; 02 (xiv) AS 26.05.900 if, at the time of the offense, the 03 victim is under a duty to obey the lawful orders of the offender, 04 regardless of whether the offender is in the direct chain of command 05 over the victim; [OR] 06 (xv) AS 11.61.123 if the offender is subject to 07 punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 08 (2)]; 09 (xvi) AS 11.66.137; 10 (xvii) AS 11.61.130(a)(2); or 11 (xviii) AS 11.66.110 and 11.66.120; 12 (D) an offense, or an attempt, solicitation, or conspiracy to 13 commit an offense, under AS 26.05.935(b), or a similar law of another 14 jurisdiction, if the member of the militia commits one of the following 15 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 16 Code of Military Justice): 17 (i) child sexual abuse material [PORNOGRAPHY]; or 18 (ii) pandering and prostitution if the person who is 19 induced, enticed, caused, or procured to engage in a sexual act is under 20 20 years of age at the time of the offense; or 21 (E) an offense in which the person is required to register as a 22 sex offender under the laws of another jurisdiction; 23 * Sec. 42. AS 15.80.010(10) is amended to read: 24 (10) "felony involving moral turpitude" includes those crimes that are 25 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 26 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 27 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 28 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 29 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 30 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 31 escape, promoting contraband, interference with official proceedings, receiving a bribe
01 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 02 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 03 explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 04 misconduct involving a controlled substance or an imitation controlled substance, 05 permitting an escape, promoting gambling, possession of gambling records, 06 distribution of child sexual abuse material [PORNOGRAPHY], and possession of 07 child sexual abuse material [PORNOGRAPHY]; 08 * Sec. 43. AS 18.66.990(3) is amended to read: 09 (3) "domestic violence" and "crime involving domestic violence" mean 10 one or more of the following offenses or an offense under a law or ordinance of 11 another jurisdiction having elements similar to these offenses, or an attempt to commit 12 the offense, by a household member against another household member: 13 (A) a crime against the person under AS 11.41; 14 (B) burglary under AS 11.46.300 - 11.46.310; 15 (C) criminal trespass under AS 11.46.320 - 11.46.330; 16 (D) arson or criminally negligent burning under AS 11.46.400 - 17 11.46.430; 18 (E) criminal mischief under AS 11.46.475 - 11.46.486; 19 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 20 (G) violating a protective order under AS 11.56.740(a)(1); 21 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 22 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 23 a pet; 24 (J) interfering with a report of a crime involving domestic 25 violence under AS 11.56.745 if the person interfering with the report is the 26 person who committed the underlying crime involving domestic violence; 27 or 28 (K) unlawful contact under AS 11.56.750 or 11.56.755; 29 * Sec. 44. AS 28.15.046(c) is amended to read: 30 (c) The department may not issue a license under this section to an applicant 31 (1) who has been convicted of any of the following offenses:
01 (A) a violation, or an attempt, solicitation, or conspiracy to 02 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 03 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 04 (B) a felony violation of endangering the welfare of a child in 05 the first degree under AS 11.51.100; 06 (C) felony indecent viewing or production of a picture under 07 AS 11.61.123; 08 (D) distribution of child sexual abuse material 09 [PORNOGRAPHY] under AS 11.61.125; 10 (E) possession of child sexual abuse material 11 [PORNOGRAPHY] under AS 11.61.127; 12 (F) distribution of indecent material to minors under 13 AS 11.61.128; 14 (G) felony prostitution under AS 11.66.100(e); patron of a 15 victim of sex trafficking under AS 11.66.137 [FELONY PROSTITUTION 16 UNDER AS 11.66.100(e)] 17 (H) sex trafficking in the first, second, or third degree under 18 AS 11.66.110 - 11.66.130; 19 (I) a felony involving distribution of a controlled substance 20 under AS 11.71 or imitation controlled substance under AS 11.73; 21 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 22 or 23 (2) who has been convicted of any of the following offenses and less 24 than two years have elapsed since the applicant's date of conviction for the offense: 25 (A) assault in the fourth degree under AS 11.41.230; 26 (B) reckless endangerment under AS 11.41.250; 27 (C) contributing to the delinquency of a minor under 28 AS 11.51.130; 29 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 30 (E) a misdemeanor violation of endangering the welfare of a 31 child in the first degree under AS 11.51.100.
01 * Sec. 45. AS 47.12.110(d) is amended to read: 02 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 03 the adjudication of a minor as a delinquent shall be open to the public, except as 04 prohibited or limited by order of the court, if 05 (1) the department files with the court a motion asking the court to 06 open the hearing to the public, and the petition seeking adjudication of the minor as a 07 delinquent is based on 08 (A) the minor's alleged commission of an offense, and the 09 minor has knowingly failed to comply with all the terms and conditions 10 required of the minor by the department or imposed on the minor in a court 11 order entered under AS 47.12.040(a)(2) or 47.12.120; 12 (B) the minor's alleged commission of 13 (i) a crime against a person that is punishable as a 14 felony; 15 (ii) a crime in which the minor employed a deadly 16 weapon, as that term is defined in AS 11.81.900(b), in committing the 17 crime; 18 (iii) arson under AS 11.46.400 - 11.46.410; 19 (iv) burglary under AS 11.46.300; 20 (v) distribution of child sexual abuse material 21 [PORNOGRAPHY] under AS 11.61.125; 22 (vi) sex trafficking in the first degree under 23 AS 11.66.110; or 24 (vii) misconduct involving a controlled substance under 25 AS 11.71 involving the delivery of a controlled substance or the 26 possession of a controlled substance with intent to deliver, other than 27 an offense under AS 11.71.040 or 11.71.050; or 28 (C) the minor's alleged commission of a felony and the minor 29 was 16 years of age or older at the time of commission of the offense when the 30 minor has previously been convicted or adjudicated a delinquent minor based 31 on the minor's commission of an offense that is a felony; or
01 (2) the minor agrees to a public hearing on the petition seeking 02 adjudication of the minor as a delinquent. 03 * Sec. 46. AS 47.12.315(a) is amended to read: 04 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 05 section, the department shall disclose information to the public, on request, concerning 06 a minor subject to this chapter who was at least 13 years of age at the time of 07 commission of 08 (1) a felony offense against a person under AS 11.41; 09 (2) arson in the first or second degree; 10 (3) burglary in the first degree; 11 (4) distribution of child sexual abuse material [PORNOGRAPHY]; 12 (5) sex trafficking in the first degree; 13 (6) misconduct involving a controlled substance in the first, second, or 14 third degrees involving distribution or possession with intent to deliver; or 15 (7) misconduct involving weapons in the first through fourth degrees. 16 * Sec. 47. AS 47.14.300(a) is amended to read: 17 (a) The department, a state or municipal agency with expertise in child abuse 18 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 19 as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 20 of 1994) with expertise in child abuse or neglect, in partnership with the department, 21 may facilitate the initial establishment of a multidisciplinary child protection team. 22 The purpose of a team is to assist in the evaluation and investigation of reports of child 23 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 24 department or a law enforcement agency; to assist in the evaluation and 25 investigation of reports of sexual contact or sexual penetration, as defined in 26 AS 11.81.900(b), occurring between children under 13 years of age; and to provide 27 consultation and coordination for agencies involved in child-in-need-of-aid cases 28 under AS 47.10. The multidisciplinary child protection teams shall 29 (1) ensure that investigations involving child abuse or neglect are 30 coordinated and conducted by trained investigators; 31 (2) take and recommend steps to avoid duplicative interviews of
01 children; 02 (3) assist in the reduction of trauma to a child and family involved in 03 an investigation of child abuse or neglect; and 04 (4) review records, provide consultation, and make recommendations 05 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 06 the team by a team member. 07 * Sec. 48. AS 47.30.700 is amended by adding a new subsection to read: 08 (d) A peace officer may take a respondent into custody under (a) of 09 this section only if the ex parte order authorizing the peace officer to take the 10 respondent into custody is transmitted to the peace officer through a distribution 11 method that permits the peace officer to verify that the order originated from a court. 12 If the peace officer receives an order through a distribution method that does not 13 permit the peace officer to verify that the order originated from a court, the peace 14 officer shall contact the court and request that the court transmit the order to the peace 15 officer through a suitable distribution method. The court shall immediately comply. A 16 facsimile transmission from a telephone number, or electronic mail from an electronic 17 mail address, known by the peace officer to belong to a court is sufficient to satisfy 18 this subsection. 19 * Sec. 49. AS 47.30 is amended by adding a new section to read: 20 Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 21 If a person who has been charged with a felony offense against a person under 22 AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 23 before the charges are dismissed, an attorney with the Department of Law shall 24 petition a court to have the person delivered to the nearest evaluation facility for an 25 evaluation under AS 47.30.710. 26 (b) Upon receiving a petition under (a) of this section, a court shall, unless the 27 presumption in (d) of this section has been successfully rebutted, issue an ex parte 28 order orally or in writing stating that there is probable cause to believe the respondent 29 is mentally ill and that condition causes the respondent to present a likelihood of 30 serious harm to self or others. The court shall appoint an attorney to represent the 31 respondent and may direct that a peace officer take the respondent into custody and
01 deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 02 order shall be provided to the respondent and made a part of the respondent's clinical 03 record. The court shall set a date, time, and place for a 30-day commitment hearing, to 04 be held within 72 hours after the respondent's arrival at the evaluation facility. The 05 court shall confirm an oral order in writing within 24 hours after it is issued. 06 (c) A respondent taken into custody for evaluation under this section may not 07 be placed in a jail or other correctional facility except for protective custody purposes 08 and only while awaiting transportation to an evaluation facility. 09 (d) A defendant charged with a felony offense against a person under 10 AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 11 is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 12 self or others. In evaluating whether a defendant is likely to cause serious harm under 13 this section, the court may consider the conduct with which the defendant was 14 originally charged as evidence of recent behavior, regardless of any time spent in 15 custody. 16 * Sec. 50. AS 47.30.710(a) is amended to read: 17 (a) A respondent who is delivered under AS 47.30.700 - 47.30.706 18 [AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 19 and treatment shall be examined and evaluated as to mental and physical condition by 20 a mental health professional and by a physician within 24 hours after arrival at the 21 facility. 22 * Sec. 51. AS 47.30.715 is repealed and reenacted to read: 23 Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 24 order authorizing hospitalization for evaluation, the department shall immediately 25 transport a person who is detained at a medical or other facility, including a 26 correctional facility, to a crisis residential center or evaluation facility for an 27 evaluation. 28 (b) A person being detained while awaiting transportation to a crisis 29 residential center or evaluation facility may request a court hearing to review the 30 detention at any time. The hearing shall be held not later than 72 hours after the 31 request is filed. When the court rules on a request for review of the detention pending
01 transportation, the court shall consider the factors listed in (d) of this section. 02 (c) A person may not be detained for more than seven days while awaiting 03 transportation to a crisis residential center or evaluation facility; however, the 04 department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 05 request to extend the detention based on the person continuing to meet the standards 06 for commitment under AS 47.30.700 and the need for a continued hold. The request 07 must be supported by the verified or certified statement of a mental health professional 08 and be served on the respondent, the respondent's attorney, and the division of the 09 Department of Law that has responsibility for civil cases. When the court decides a 10 request to extend the detention pending transportation, the court shall consider the 11 factors identified in (d) of this section. 12 (d) When ruling on a request to review or extend detention, the court shall 13 consider the totality of the circumstances, including 14 (1) the length of time the person has been detained; 15 (2) the reason the person has not yet been transported; 16 (3) the person's current medical and psychiatric condition; 17 (4) whether the person is gravely disabled or is likely to cause serious 18 harm to self or others; and 19 (5) whether the person is receiving treatment at the person's current 20 placement. 21 (e) The court shall schedule a hearing to decide a request for review under (b) 22 of this section or a request to extend detention under (c) of this section. The hearing 23 shall be held not later than 72 hours after the request for review or the request to 24 extend detention, as applicable. If a hearing is held after expiration of the seven-day 25 detention period, the detention shall be extended until the hearing. 26 (f) Regardless of whether a request to extend the respondent's detention has 27 been filed, if at any time in the course of the detention a mental health professional at 28 the detaining facility determines that the person does not meet the standards for 29 commitment under AS 47.30.700, the respondent shall be released and the facility 30 shall notify the petitioner, the respondent's attorney, the division of the Department of 31 Law that has responsibility for civil cases, and the court.
01 (g) When an evaluation facility receives a proper order for evaluation, it shall 02 accept the order and the respondent for an evaluation period not to exceed 72 hours. 03 The evaluation facility shall promptly notify the court of the date and time of the 04 respondent's arrival. The court shall set a date, time, and place for a 30-day 05 commitment hearing, to be held if needed within 72 hours after the respondent's 06 arrival, and the court shall notify the evaluation facility, the respondent, the 07 respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 08 any, and the attorney general of the time and place of the hearing. Evaluation 09 personnel, when used, shall similarly notify the court of the date and time when they 10 first met with the respondent. 11 * Sec. 52. AS 47.30.725 is amended by adding new subsections to read: 12 (g) If a criminal charge of a felony offense against a person under AS 11.41 or 13 felony arson against a respondent has been dismissed under AS 12.47.110 and the 14 respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 15 (1) the Department of Law shall notify a victim in the dismissed 16 criminal case 17 (A) of the time and place of a hearing under AS 47.30.700 - 18 47.30.915; 19 (B) of the length of time for which the respondent is committed 20 and findings of fact made by the court; and 21 (C) when the respondent is discharged from commitment; and 22 (2) a victim in the dismissed criminal case may attend a hearing under 23 AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 24 hearing. 25 (h) Subsection (g) of this section may not be construed to give a victim in a 26 dismissed criminal case the right to access a record that is confidential under 27 AS 47.30.845. 28 * Sec. 53. AS 47.30 is amended by adding a new section to read: 29 Sec. 47.30.727. Provision of records and notice following a finding of 30 incompetency in a criminal case. (a) Within 30 days after a respondent has been 31 found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700
01 - 47.30.915, and every 30 days thereafter until the civil commitment case has 02 concluded, the division of the Department of Law that has responsibility for civil cases 03 shall provide all information and records obtained during the civil commitment to the 04 division of the Department of Law that has responsibility for criminal cases. 05 (b) Records disclosed to the division of the Department of Law that has 06 responsibility for criminal cases under (a) of this section are confidential and may not 07 be disclosed to anyone unless disclosure is required by a court order or the respondent 08 provides written consent to the disclosure. If the records are used in the criminal 09 proceeding, the moving party shall file the records as confidential documents. 10 (c) A facility housing a respondent found incompetent to proceed under 11 AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 12 the prosecutor in the criminal case of all hearings scheduled by the court in the civil 13 commitment case. The prosecutor, or a staff member of the prosecutor's office, may 14 attend a hearing in the civil commitment case but may not participate in the hearing as 15 a party. 16 * Sec. 54. AS 47.30.735(b) is amended to read: 17 (b) The hearing shall be conducted in a physical setting least likely to have a 18 harmful effect on the mental or physical health of the respondent, within practical 19 limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 20 47.30.915, the respondent has the right 21 (1) to be present at the hearing; this right may be waived only with the 22 respondent's informed consent; if the respondent is incapable of giving informed 23 consent, the respondent may be excluded from the hearing only if the court, after 24 hearing, finds that the incapacity exists and that there is a substantial likelihood that 25 the respondent's presence at the hearing would be severely injurious to the 26 respondent's mental or physical health; 27 (2) to view and copy all petitions and reports in the court file of the 28 respondent's case; 29 (3) to have the hearing open or closed to the public as the respondent 30 elects, except that, if the respondent was charged with a felony offense against a 31 person under AS 11.41 or felony arson and the criminal case was dismissed under
01 AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 02 or a staff member of the prosecutor's office, may attend the hearing, but may not 03 disclose confidential information from the hearing; 04 (4) to have the rules of evidence and civil procedure applied so as to 05 provide for the informal but efficient presentation of evidence; 06 (5) to have an interpreter if the respondent does not understand 07 English; 08 (6) to present evidence on the respondent's behalf; 09 (7) to cross-examine witnesses who testify against the respondent; 10 (8) to remain silent; 11 (9) to call experts and other witnesses to testify on the respondent's 12 behalf. 13 * Sec. 55. AS 47.30 is amended by adding a new section to read: 14 Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 15 be released from involuntary treatment at the expiration of 180 days unless the 16 professional person in charge or the attorney general's office files an additional 180- 17 day petition or a petition for a commitment of up to two years conforming to the 18 requirements of AS 47.30.740(a) except that all references to "30-day commitment" 19 shall be read as "the previous 180-day commitment" and all references to "90-day 20 commitment" shall be read as "two-year commitment." 21 (b) The procedures for service of the petition, notification of rights, and 22 judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 23 commitment of a respondent, the court may order the respondent committed for an 24 additional treatment period not to exceed two years from the date on which the 180- 25 day treatment period would have expired if the court or jury finds by clear and 26 convincing evidence that 27 (1) the respondent is mentally ill and as a result is likely to cause 28 serious harm to self or others; 29 (2) the respondent has a criminal history that includes a felony offense 30 against a person under AS 11.41 or felony arson, including an offense for which the 31 respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110;
01 (3) the respondent has been found incompetent to stand trial under 02 AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 03 felony arson and that finding of incompetence led directly to the respondent's current 04 period of commitment; and 05 (4) the period of commitment of the respondent, including a period of 06 commitment for more than 180 days but not more than two years, is necessary to 07 protect the public. 08 (c) Findings of fact relating to the respondent's behavior made at a 30-day 09 commitment hearing under AS 47.30.735, a 90-day commitment hearing under 10 AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 11 commitment hearing under this section shall be admitted as evidence and may not be 12 rebutted except that newly discovered evidence may be used for the purpose of 13 rebutting the findings. 14 (d) Successive commitments are permissible on the same ground and under 15 the same procedures as the original commitment. An order of commitment may not 16 exceed two years. 17 (e) The department shall, by January 30 of each year, submit to the attorney 18 general, public defender, public advocate, Alaska Court System, and the attorney of 19 record for the respondent, if any, a report that details how many respondents are 20 committed under this section and how much time remains on each order of 21 commitment. 22 * Sec. 56. AS 47.30.780(a) is amended to read: 23 (a) Except as provided in (b) and (c) of this section, the professional person in 24 charge shall at any time discharge a respondent on the ground that the respondent is no 25 longer gravely disabled or likely to cause serious harm as a result of mental illness. A 26 certificate to this effect shall be sent to the court, which shall enter an order officially 27 terminating the involuntary commitment. 28 * Sec. 57. AS 47.30.780 is amended by adding new subsections to read: 29 (c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 30 history that includes a felony offense against a person under AS 11.41 or felony arson, 31 including an offense for which the respondent was found incompetent to stand trial
01 under AS 12.47.100 and 12.47.110, the professional person in charge may not 02 discharge the respondent under (a) of this section unless the court enters an order 03 officially terminating the involuntary commitment. The court shall give the 04 prosecuting authority 10 days' notice before the professional person in charge may 05 discharge a respondent under this subsection. 06 (d) Except as provided in (e) of this section, a respondent committed under 07 AS 47.30.771 may petition the court for early discharge at any time during the 08 commitment if the respondent presents some evidence demonstrating that the 09 respondent is no longer likely to cause serious harm to self or others. The court shall 10 grant early discharge unless the state proves by clear and convincing evidence that the 11 respondent remains likely to cause serious harm to self or others. 12 (e) A respondent may not file a petition for early discharge within 180 days 13 after the date the court enters an initial commitment order or a final order ruling on a 14 previous petition for early discharge. 15 * Sec. 58. AS 47.30.805(a) is amended to read: 16 (a) Except as provided in (b) of this section, 17 (1) computations of a 72-hour [EVALUATION] period under 18 AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 19 period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 20 period of time necessary to transport the respondent to the treatment facility, except 21 that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 22 of a 72-hour evaluation period or 48-hour detention period would result in the 23 respondent being held for longer than 72 hours or 48 hours, as applicable, the period 24 ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 25 (2) a seven-day detention at a crisis residential center expires at the end 26 of the seventh day following the respondent's arrival at the crisis stabilization center or 27 the crisis residential center, whichever is earlier; 28 (3) a 30-day commitment period expires at the end of the 30th day 29 after the 72 hours following initial acceptance; 30 (4) a 90-day commitment period expires at the end of the 90th day 31 after the expiration of a 30-day period of treatment;
01 (5) a 180-day commitment period expires at the end of the 180th day, 02 after the expiration of a 90-day period of treatment or previous 180-day period, 03 whichever is applicable; 04 (6) a two-year commitment period expires not later than two years 05 after the expiration of a 180-day period of treatment. 06 * Sec. 59. AS 47.30.845 is amended to read: 07 Sec. 47.30.845. Confidential records. Information and records obtained in the 08 course of a screening investigation, evaluation, examination, or treatment are 09 confidential and are not public records, except as the requirements of a hearing under 10 AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 11 records may be copied and disclosed under regulations established by the department 12 only to 13 (1) a physician or a provider of health, mental health, or social and 14 welfare services involved in caring for, treating, or rehabilitating the patient; 15 (2) the patient or an individual to whom the patient has given written 16 consent to have information disclosed; 17 (3) a person authorized by a court order; 18 (4) a person doing research or maintaining health statistics if the 19 anonymity of the patient is assured and the facility recognizes the project as a bona 20 fide research or statistical undertaking; 21 (5) the Department of Corrections in a case in which a prisoner 22 confined to the state prison is a patient in the state hospital on authorized transfer 23 either by voluntary admission or by court order; 24 (6) a governmental or law enforcement agency when necessary to 25 secure the return of a patient who is on unauthorized absence from a facility where the 26 patient was undergoing evaluation or treatment; 27 (7) a law enforcement agency when there is substantiated concern over 28 imminent danger to the community by a presumed mentally ill person; 29 (8) the department in a case in which services provided under 30 AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 31 which a person has applied for or has received assistance from the department for
01 those services; 02 (9) the Department of Public Safety as provided in AS 47.30.907; 03 information provided under this paragraph may not include diagnostic or clinical 04 information regarding a patient; 05 (10) the Department of Law as provided in AS 47.30.727. 06 * Sec. 60. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 07 2019, is amended to read: 08 (c) The following sections apply to the duty to register as a sex offender for 09 offenses committed 10 (1) before, on, or after the effective date of those sections: 11 (A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 12 FSSLA 2019 [OF THIS ACT]; 13 (B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 14 amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 15 (C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 16 FSSLA 2019 [OF THIS ACT]; 17 (D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 18 sec. 85, ch. 4, FSSLA 2019; 19 (2) on or after the effective date of those sections: 20 (A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 21 2019; 22 (B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 23 FSSLA 2019 [OF THIS ACT]. 24 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 27 Procedure, is amended to read: 28 (s) Admissibility of Evidence. 29 (1) Evidence which would be legally admissible at trial shall be 30 admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 31 HOWEVER, WITNESSES] may be presented to summarize admissible evidence if
01 the admissible evidence will be available at trial. [EXCEPT AS STATED IN 02 SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 03 PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 04 FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 05 GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 06 RECORD.] 07 (2) [IN A PROSECUTION FOR AN OFFENSE UNDER 08 AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 09 TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 10 WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 11 EVIDENCE BEFORE THE GRAND JURY IF 12 (i) THE CIRCUMSTANCES OF THE STATEMENT 13 INDICATE ITS RELIABILITY; 14 (ii) THE CHILD IS UNDER 10 YEARS OF AGE 15 WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 16 ADMITTED; 17 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 18 TO CORROBORATE THE STATEMENT; AND 19 (iv) THE CHILD TESTIFIES AT THE GRAND JURY 20 PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 21 TESTIFY AT TRIAL. 22 (3)] Hearsay evidence related to the offense, not otherwise admissible, 23 may be admitted into evidence before the grand jury if 24 [(i)] the individual presenting the hearsay evidence is a 25 peace officer involved in the investigation [; AND 26 (ii) THE HEARSAY EVIDENCE CONSISTS OF THE 27 STATEMENT AND OBSERVATIONS MADE BY ANOTHER 28 PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 29 AND 30 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 31 TO CORROBORATE THE STATEMENT].
01 (4) If the testimony presented by a peace officer under paragraph (2) 02 [(3)] of this section is inaccurate because of intentional, grossly negligent, or negligent 03 misstatements or omissions, then the court shall dismiss an indictment resulting from 04 the testimony if the defendant shows that the inaccuracy prejudices substantial rights 05 of the defendant. 06 (5) [IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 07 WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 08 CONDUCT IS INTENDED AS AN ASSERTION. 09 (6)] When a prior conviction is an element of an offense, hearsay 10 evidence received through the Alaska Public Safety Information Network or from 11 other government agencies of prior convictions may be presented to the grand jury. 12 * Sec. 62. AS 11.66.100(b), 11.66.100(e), and AS 12.40.110 are repealed. 13 * Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 37 of 16 this Act, has the effect of changing Rules 4 and 5, Alaska Rules of Civil Procedure, by 17 restricting the permissible methods by which a court order may be served on a party." 18 * Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 21 Corrections shall contract with a statewide Alaska Native organization whose membership 22 consists of villages, Alaska Native corporations, and tribal consortiums to conduct a study on 23 the reasons Alaska Natives make up 40 percent of the state's prison population, yet make up 24 just 14 percent of the general population. The contract shall require outreach to federal, state, 25 local, and tribal governments, and private stakeholders to inform the study and make 26 recommendations. 27 (b) The Department of Corrections and the contractor shall present to the governor 28 and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 29 Alaska State Legislature findings and recommendations for specific actions that can be taken 30 to reduce initial encounters with the prison system and recidivism rates following the release 31 of Alaska Native prisoners. The recommendations may include ways that Alaska Native
01 entities that are primarily federally funded can 02 (1) establish restorative justice programs to address the unique cultural needs 03 of Alaska Native people; 04 (2) intervene earlier with at-risk Alaska Native youth and young adults to 05 ensure those at-risk youth and young adults have the life skills and support systems necessary 06 to prevent encounters with the criminal justice system; 07 (3) reduce the Alaska Native prison population by providing early mental 08 health diagnosis and better treatment; 09 (4) provide low-income housing options to reduce the Alaska Native homeless 10 population that are more likely to encounter law enforcement when living on the street; 11 (5) improve alcohol and drug misuse treatment options for Alaska Native 12 youth and young adults; 13 (6) provide job training and mentoring opportunities to earn a living and 14 provide food, housing, and other family necessities for Alaska Native residents and families; 15 (7) offer digital training to Alaska Native residents to access tribal, state, and 16 federal services, obtain digital employment, participate in remote counseling services to 17 address alcohol and drug abuse, and participate in job training and education; and 18 (8) identify federal grant programs at the Department of Justice, the 19 Department of Health and Human Services, including the Indian Health Service and 20 Substance Abuse and Mental Health Services Administration, the Department of the Interior, 21 the Department of Labor, and other federal agencies that could be used to fund 22 implementation of the recommendations, with a particular emphasis on juveniles and young 23 adults. 24 * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) AS 11.41.110, as amended by sec. 3 of this Act, 27 AS 11.41.110(c), enacted by sec. 4 of this Act, AS 11.41.120(a), as amended by sec. 5 of this 28 Act, AS 11.41.140, as amended by sec. 6 of this Act, AS 11.41.240, enacted by sec. 7 of this 29 Act, AS 11.41.260(a), as amended by sec. 8 of this Act, AS 11.41.365(a), as amended by sec. 30 9 of this Act, AS 11.66.100(d), as amended by sec. 15 of this Act, AS 11.66.120(a), as 31 amended by sec. 16 of this Act, AS 11.66.120(c), enacted by sec. 17 of this Act,
01 AS 11.66.137, enacted by sec. 18 of this Act, AS 11.66.145, as amended by sec. 19 of this 02 Act, AS 11.71.010(a), as amended by sec. 22 of this Act, AS 11.71.010(b), as amended by 03 sec. 23 of this Act, AS 11.71.021(a), as amended by sec. 24 of this Act, AS 11.71.021(b), as 04 amended by sec. 23 of this Act, AS 11.71.210(a), as amended by sec. 24 of this Act, 05 AS 11.71.210(b), as amended by sec. 25 of this Act, AS 11.81.900(b)(69) and (70), enacted 06 by sec. 23 of this Act, AS 12.55.125(c), as amended by sec. 29 of this Act, AS 12.55.127(c), 07 as amended by sec. 31 of this Act, and AS 18.66.990(3), as amended by sec. 40 of this Act, 08 apply to offenses committed on or after the effective date of secs. 3 - 9, 15 - 23, 29, 31, and 40 09 of this Act. 10 (b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 11 amended by sec. 34 of this Act, AS 12.63.010(d), as amended by sec. 35 of this Act, and 12 AS 12.63.010(g) and (h), enacted by sec. 36 of this Act, applies to the duty to register as a sex 13 offender or child kidnapper for offenses committed before, on, or after the effective date of 14 secs. 34 - 36 of this Act. 15 (c) AS 12.63.020(a), as amended by sec. 37 of this Act, applies to the tolling of the 16 duty to register as a sex offender or child kidnapper on or after the effective date of sec. 37 of 17 this Act for determinations of noncompliance made by the Department of Public Safety on or 18 after the effective date of sec. 37 of this Act. 19 (d) Nothing in AS 12.63.020(a), as amended by sec. 37 of this Act, may be construed 20 as invalidating a decision by the Department of Public Safety to toll the period of registration 21 or continue the period of registration under AS 12.63 before the effective date of sec. 37 of 22 this Act. 23 (e) AS 12.63.100(7), as amended by sec. 38 of this Act, applies to the duty to register 24 as a sex offender for offenses committed on or after the effective date of sec. 38 of this Act. 25 (f) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 26 applies to indictments occurring on or after the effective date of sec. 57 of this Act for 27 offenses committed before, on, or after the effective date of sec. 57 of this Act. 28 * Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 * Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 02 Corrections shall contract with an organization to conduct a study on the reasons certain racial 03 groups are overrepresented in the Department of Corrections as a portion of the prison 04 population, when compared to the proportion of those populations in the state. 05 (b) The Department of Corrections and the contractor shall present to the governor 06 and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 07 Alaska State Legislature findings and recommendations for specific actions that can be taken 08 to reduce initial encounters with the prison system and recidivism rates following the release 09 of prisoners in the groups studied. 10 CONDITIONAL EFFECT. (a) AS 47.30.700(d), enacted by sec. 37 of this Act, takes 11 effect only if sec. 52 of this Act receives the two-thirds majority vote of each house required 12 by art. IV, sec. 15, Constitution of the State of Alaska. 13 (b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 14 takes effect only if sec. 57 of this Act receives the two-thirds majority vote of each house 15 required by art. IV, sec. 15, Constitution of the State of Alaska. 16 * Sec. 68. Section 56 of this Act takes effect immediately under AS 01.10.070(c). 17 * Sec. 69. Except as provided in sec. 62 of this Act, this Act takes effect January 1, 2025.