HB 93: "An Act relating to the duties of probation officers; and relating to conditions of parole."

00 HOUSE BILL NO. 93 01 "An Act relating to the duties of probation officers; and relating to conditions of 02 parole." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 33.05.040 is amended to read: 05 Sec. 33.05.040. Duties of probation officers. A probation officer shall 06 (1) furnish to each probationer under the supervision of the officer a 07 written statement of the conditions of probation and shall instruct the probationer 08 regarding the same; 09 (2) keep informed concerning the conduct and condition of each 10 probationer under the supervision of the officer and shall report on the probationer to 11 the court placing that [SUCH] person on probation; 12 (3) use all suitable methods, not inconsistent with the conditions 13 imposed by the court, to aid probationers and to bring about improvements in their 14 conduct and condition;

01 (4) keep records of the probation work, keep accurate and complete 02 accounts of all money collected from persons under the supervision of the officer, give 03 receipts for money collected and make at least monthly returns of it, make the reports 04 to the court and the commissioner required by them, and perform other duties the court 05 may direct; 06 (5) perform [SUCH] duties with respect to persons on parole as the 07 commissioner shall request, and in that [SUCH] service shall be termed a parole 08 officer; 09 (6) accommodate the diligent efforts of each probationer to secure 10 and maintain steady employment when prescribing the times at which a 11 probationer shall report; 12 (7) permit each probationer to travel in the state to make diligent 13 efforts to secure and maintain steady employment if the travel is not inconsistent 14 with other terms and conditions of probation. 15 * Sec. 2. AS 33.16.150(a) is amended to read: 16 (a) As a condition of parole, a prisoner released on special medical, 17 discretionary, or mandatory parole 18 (1) shall obey all state, federal, or local laws or ordinances, and any 19 court orders applicable to the parolee; 20 (2) shall make diligent efforts to maintain steady employment or meet 21 family obligations; 22 (3) shall, if involved in education, counseling, training, or treatment, 23 continue in the program unless granted permission from the parole officer assigned to 24 the parolee to discontinue the program; 25 (4) shall report 26 (A) upon release to the parole officer assigned to the parolee; 27 (B) at other times, and in the manner, prescribed by the board 28 or the parole officer assigned to the parolee that accommodate the diligent 29 efforts of the parolee to secure and maintain steady employment; 30 (5) shall reside at a stated place and not change that residence without 31 notifying, and receiving permission from, the parole officer assigned to the parolee;

01 (6) shall remain within stated geographic limits unless written 02 permission to depart from the stated limits is granted the parolee; 03 (7) may not use, possess, handle, purchase, give, distribute, or 04 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 05 drug for which a prescription is required under state or federal law without a 06 prescription from a licensed medical professional to the parolee; 07 (8) may not possess or control a firearm; in this paragraph, "firearm" 08 has the meaning given in AS 11.81.900; 09 (9) may not enter into an agreement or other arrangement with a law 10 enforcement agency or officer that will place the parolee in the position of violating a 11 law or parole condition without the prior approval of the board; 12 (10) may not contact or correspond with anyone confined in a 13 correctional facility of any type serving any term of imprisonment or a felon without 14 the permission of the parole officer assigned to a parolee; 15 (11) shall agree to waive extradition from any state or territory of the 16 United States and to not contest efforts to return the parolee to the state; 17 (12) shall provide a blood sample, an oral sample, or both, when 18 requested by a health care professional acting on behalf of the state to provide the 19 sample or samples, or an oral sample when requested by a juvenile or adult 20 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 21 released after a conviction of an offense requiring the state to collect the sample or 22 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 23 (13) from a conviction for a sex offense shall submit to regular 24 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 25 given in AS 12.63.100. 26 * Sec. 3. AS 33.16.150(b) is amended to read: 27 (b) The board may require as a condition of special medical, discretionary, or 28 mandatory parole, or a member of the board acting for the board under (e) of this 29 section may require as a condition of mandatory parole, that a prisoner released on 30 parole 31 (1) not possess or control a defensive weapon, a deadly weapon other

01 than an ordinary pocket knife with a blade three inches or less in length, or 02 ammunition for a firearm, or reside in a residence where there is a firearm capable of 03 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 04 weapon," "defensive weapon," and "firearm" have the meanings given in 05 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 06 (2) refrain from possessing or consuming alcoholic beverages; 07 (3) submit to reasonable searches and seizures by a parole officer, or a 08 peace officer acting under the direction of a parole officer; 09 (4) submit to appropriate medical, mental health, or controlled 10 substance or alcohol examination, treatment, or counseling; 11 (5) submit to periodic examinations designed to detect the use of 12 alcohol or controlled substances; the periodic examinations may include testing under 13 the program established under AS 33.16.060(c); 14 (6) make restitution ordered by the court according to a schedule 15 established by the board; 16 (7) refrain from opening, maintaining, or using a checking account or 17 charge account; 18 (8) refrain from entering into a contract other than a prenuptial contract 19 or a marriage contract; 20 (9) refrain from operating a motor vehicle; 21 (10) refrain from entering an establishment where alcoholic beverages 22 are served, sold, or otherwise dispensed; 23 (11) refrain from participating in any other activity or conduct 24 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 25 current circumstances, or perceived risk to the community, or from associating with 26 any other person that the board determines is reasonably likely to diminish the 27 rehabilitative goals of parole, or that may endanger the public; in the case of special 28 medical parole, for a prisoner diagnosed with a communicable disease, comply with 29 conditions set by the board designed to prevent the transmission of the disease; 30 (12) only refrain from traveling in the state to make diligent efforts 31 to secure or maintain steady employment if the travel violates other conditions of

01 parole.