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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 55                                                                                                          
01 Relating to criminal law and procedure; relating to controlled substances; relating to                                  
02 sentencing; relating to protective orders; relating to restitution; relating to the period of                           
03 probation; relating to revocation, termination, suspension, cancellation, or restoration of a                           
04 driver's license; relating to parole; relating to the duties of the Department of Corrections and                       
05 the Department of Health and Social Services; requiring an inventory of and reports on                                  
06 untested sexual assault examination kits; and providing for an effective date.                                          
07                           _______________                                                                               
08    * Section 1. AS 11.46.280(d) is amended to read:                                                                     
09            (d)  Issuing a bad check is                                                                                  
10                 (1)  a class B felony if the face amount of the check [, ADJUSTED                                       
11       FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or more;                                                   
12                 (2)  a class C felony if the face amount of the check, adjusted for                                     
01       inflation as provided in AS 11.46.982, is $1,000 or more but less than $25,000;                                   
02                 (3)  a class A misdemeanor if the face amount of the check, adjusted for                                
03       inflation as provided in AS 11.46.982, is $250 or more but less than $1,000;                                      
04                 (4)  a class B misdemeanor if the face amount of the check, adjusted for                                
05       inflation as provided in AS 11.46.982, is less than $250.                                                         
06    * Sec. 2. AS 11.46.285(b) is amended to read:                                                                        
07            (b)  Fraudulent use of an access device is                                                                   
08                 (1)  a class B felony if the value of the property or services obtained [,                              
09       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or                                                
10       more;                                                                                                             
11 (2)  a class C felony if the value of the property or services obtained,                                                
12 adjusted for inflation as provided in AS 11.46.982, is $1,000 or more but less than                                     
13       $25,000;                                                                                                          
14 (3)  a class A misdemeanor if the value of the property or services                                                     
15       obtained, adjusted for inflation as provided in AS 11.46.982, is less than $1,000.                                
16    * Sec. 3. AS 11.46.730(c) is amended to read:                                                                        
17 (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                           
18 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as                                       
19 provided in AS 11.46.982, of $1,000 or more as a result of the defendant's conduct, in                                  
20       which case defrauding secured creditors is                                                                        
21 (1)  a class B felony if the loss [, ADJUSTED FOR INFLATION AS                                                          
22       PROVIDED IN AS 11.46.982,] is $25,000 or more;                                                                    
23 (2)  a class C felony if the loss, adjusted for inflation as provided in                                                
24       AS 11.46.982, is $1,000 or more but less than $25,000.                                                            
25    * Sec. 4. AS 11.56.740(a) is amended to read:                                                                        
26 (a)  A person commits the crime of violating a protective order if the person is                                        
27       subject to a protective order                                                                                     
28 (1)  issued, [OR] filed, or recognized under AS 18.66 and containing a                                              
29 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to                                       
30 commit an act with reckless disregard that the act violates or would violate a provision                                
31       of the protective order;                                                                                          
01                 (2)  issued or recognized under AS 18.65.850, 18.65.855, [OR]                                         
02       18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that                                 
03       violates or would violate a provision listed in AS 18.65.850(c)(1) - (3); or                                      
04                 (3)  issued under AS 13.26.450 - 13.26.460 and knowingly commits or                                     
05       attempts to commit an act with reckless disregard that the act violates or would violate                          
06       a provision of the protective order.                                                                              
07    * Sec. 5. AS 11.56.740(c) is amended to read:                                                                        
08            (c)  In this section, "protective order" means an order issued, [OR] filed, or                           
09       recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or                                         
10       AS 18.66.100 - 18.66.180.                                                                                         
11    * Sec. 6. AS 11.71.050(a) is amended to read:                                                                        
12 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
13       misconduct involving a controlled substance in the fourth degree if the person                                    
14 (1)  manufactures or delivers, or possesses with the intent to                                                          
15 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
16 of an aggregate weight of less than one ounce containing a schedule VIA controlled                                      
17       substance;                                                                                                        
18                 (2)  [REPEALED]                                                                                         
19 (3)  fails to make, keep, or furnish any record, notification, order form,                                              
20       statement, invoice, or information required under AS 17.30; or                                                    
21 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                     
22 11.71.040(a)(3), 11.71.040(a)(4), [AS 11.71.040(a)(3)] or 11.71.060(a)(2)                                           
23 [11.71.060(a)(2)(B)], possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or                                     
24       VIA controlled substance.                                                                                         
25    * Sec. 7. AS 12.30.027(b) is amended to read:                                                                        
26 (b)  A judicial officer may not order or permit a person released under (a) of                                          
27 this section to return to the residence or place of employment of the victim or the                                     
28 residence or place of employment of a petitioner who has a protective order directed to                                 
29 the person and issued, [OR] filed, or recognized under AS 18.66.100 - 18.66.180                                     
30       unless                                                                                                            
31                 (1)  20 days have elapsed following the date the person was arrested;                                   
01                 (2)  the victim or petitioner consents to the person's return to the                                    
02       residence or place of employment;                                                                                 
03                 (3)  the person does not have a prior conviction for an offense under                                   
04       AS 11.41 that is a crime involving domestic violence; and                                                         
05                 (4)  the court finds by clear and convincing evidence that the return to                                
06       the residence or place of employment does not pose a danger to the victim or                                      
07       petitioner.                                                                                                       
08    * Sec. 8. AS 12.55.011(b) is amended to read:                                                                        
09            (b)  At the time of sentencing, the court shall, if practicable, provide the                               
10       victim with a form that                                                                                           
11                 (1)  provides information on                                                                            
12 (A)  whom the victim should contact if the victim has questions                                                         
13            about the sentence or release of the offender;                                                               
14 (B)  the potential for release of the offender on furlough,                                                             
15            probation, or parole or for good time credit; and                                                            
16 (2)  allows the victim to update the victim's contact information with                                                  
17 the court, the Victim Information and Notification Everyday service, and the                                            
18       Department of Corrections.                                                                                        
19    * Sec. 9. AS 12.55.015(a) is amended to read:                                                                        
20 (a)  Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing                                              
21       sentence on a defendant convicted of an offense, may singly or in combination                                     
22 (1)  impose a fine when authorized by law and as provided in                                                            
23       AS 12.55.035;                                                                                                     
24 (2)  order the defendant to be placed on probation under conditions                                                     
25       specified by the court that may include provision for active supervision;                                         
26 (3)  impose a definite term of periodic imprisonment, but only if an                                                    
27 employment obligation of the defendant preexisted sentencing and the defendant                                          
28       receives a composite sentence of not more than two years to serve;                                                
29                 (4)  impose a definite term of continuous imprisonment;                                                 
30                 (5)  order the defendant to make restitution under AS 12.55.045;                                        
31 (6)  order the defendant to carry out a continuous or periodic program                                                  
01       of community work under AS 12.55.055;                                                                             
02                 (7)  suspend execution of all or a portion of the sentence imposed under                                
03       AS 12.55.080;                                                                                                     
04                 (8)  suspend entry of judgment under AS 12.55.078 or suspend                                          
05       imposition of sentence under AS 12.55.085;                                                                        
06 (9)  order the forfeiture to the commissioner of public safety or a                                                     
07 municipal law enforcement agency of a deadly weapon that was in the actual                                              
08 possession of or used by the defendant during the commission of an offense described                                    
09       in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;                                                                     
10 (10)  order the defendant, while incarcerated, to participate in or                                                     
11 comply with the treatment plan of a rehabilitation program that is related to the                                       
12 defendant's offense or to the defendant's rehabilitation if the program is made available                               
13       to the defendant by the Department of Corrections;                                                                
14 (11)  order the forfeiture to the state of a motor vehicle, weapon,                                                     
15 electronic communication device, or money or other valuables, used in or obtained                                       
16 through an offense that was committed for the benefit of, at the direction of, or in                                    
17       association with a criminal street gang;                                                                          
18 (12)  order the defendant to have no contact, either directly or                                                        
19 indirectly, with a victim or witness of the offense until the defendant is                                              
20       unconditionally discharged;                                                                                       
21 (13)  order the defendant to refrain from consuming alcoholic                                                           
22       beverages for a period of time.                                                                                   
23    * Sec. 10. AS 12.55.045(l) is amended to read:                                                                       
24 (l)  An order by the court that the defendant pay restitution is a civil judgment                                       
25 for the amount of the restitution. An order by the court that the defendant pay                                         
26 restitution when the court suspends entry of judgment under AS 12.55.078 or                                           
27 suspends imposition of sentence under AS 12.55.085 is a civil judgment for the                                          
28 amount of the restitution and remains enforceable and is not discharged when the                                      
29 proceeding is dismissed under AS 12.55.078 or a conviction is set aside under                                         
30 AS 12.55.085. The victim or the state on behalf of the victim may enforce the                                           
31 judgment through any procedure authorized by law for the enforcement of a civil                                         
01 judgment. If the victim enforces or collects restitution through civil process, collection                              
02 costs and full reasonable attorney fees shall be awarded. If the state on the victim's                                  
03 behalf enforces or collects restitution through civil process, collection costs and full                                
04 reasonable attorney fees shall be awarded, up to a maximum of twice the amount of                                       
05 restitution owing at the time the civil process was initiated. This section does not limit                              
06       the authority of the court to enforce orders of restitution.                                                      
07    * Sec. 11. AS 12.55.078(a) is amended to read:                                                                       
08 (a)  Except as provided in (f) of this section, if a person is found guilty or                                          
09 pleads guilty to a crime, the court may, with the consent of the defendant and the                                      
10 prosecution and without imposing or entering a judgment of guilt, defer further                                         
11 proceedings and place the person on probation. The period of probation may not                                          
12 exceed the applicable terms set out in AS 12.55.090(c). The court may not impose a                                    
13       sentence of imprisonment under this subsection.                                                                 
14    * Sec. 12. AS 12.55.078(d) is amended to read:                                                                       
15 (d)  If the court finds that the person has successfully completed probation, the                                       
16 court shall, at the end of the probationary period set by the court, or at any time after                               
17 the expiration of one year from the date [OF] the original probation was imposed,                                     
18 discharge the person and dismiss the proceedings against the person. A person who is                                  
19       discharged under this subsection is not convicted of a crime.                                                   
20    * Sec. 13. AS 12.55.078(f) is amended to read:                                                                       
21 (f)  The court may not suspend the imposition or entry of judgment and may                                              
22       not defer prosecution under this section of a person who                                                          
23 (1)  is charged with [CONVICTED OF] a violation of AS 11.41.100 -                                                     
24 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530,                                         
25       AS 11.46.400, AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135;                                              
26 (2)  uses a firearm in the commission of the offense for which the                                                      
27       person is charged [CONVICTED];                                                                                  
28 (3)  has previously been granted a suspension of judgment under this                                                    
29 section or a similar statute in another jurisdiction, unless the court enters written                                   
30 findings that by clear and convincing evidence the person's prospects for rehabilitation                                
31 are high and suspending judgment under this section adequately protects the victim of                                   
01       the offense, if any, and the community;                                                                           
02 (4)  is charged with [CONVICTED OF] a violation of AS 11.41.230,                                                      
03 11.41.250, or a felony and the person has one or more prior convictions for a                                           
04 misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or                                
05 another jurisdiction having similar elements to an offense defined as a misdemeanor in                                  
06 AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall                               
07       be considered to have a prior conviction even if                                                                  
08                      (A)  the charges were dismissed under this section;                                                
09                      (B)  the conviction has been set aside under AS 12.55.085; or                                      
10 (C)  the charge or conviction was dismissed or set aside under                                                          
11            an equivalent provision of the laws of another jurisdiction; or                                              
12 (5)  is charged with [HAS BEEN CONVICTED OF] a crime                                                                  
13       involving domestic violence, as defined in AS 18.66.990.                                                          
14    * Sec. 14. AS 12.55.090(c) is amended to read:                                                                       
15            (c)  The period of probation, together with any extension, may not exceed                                    
16                 (1)  15 years for a felony sex offense;                                                                 
17 (2)  10 years for an unclassified felony under AS 11 not listed in (1) of                                             
18       this subsection;                                                                                                
19 (3)  five years for a felony offense not listed in (1) or (2) of this                                                   
20       subsection;                                                                                                       
21                 (4)  three years for a misdemeanor offense                                                              
22                      (A)  under AS 11.41;                                                                               
23                      (B)  that is a crime involving domestic violence; or                                               
24 (C)  that is a sex offense, as that term is defined in                                                                  
25            AS 12.63.100;                                                                                                
26 (5)  two years for a misdemeanor offense under AS 28.35.030 or                                                          
27 28.35.032, if the person has previously been convicted of an offense under                                              
28 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another                                             
29       jurisdiction; or                                                                                                  
30                 (6)  one year for an offense not listed in (1) - (5) of this subsection.                                
31    * Sec. 15. AS 12.65.130(a) is amended to read:                                                                       
01            (a)  The state child fatality review team shall                                                              
02                 (1)  assist the state medical examiner in determining the cause and                                     
03       manner of the deaths in this state of children under 18 years of age;                                             
04                 (2)  unless the child's death is currently being investigated by a law                                  
05       enforcement agency, review a report of a death of a child within 48 hours of the report                           
06       being received by the medical examiner if                                                                         
07                      (A)  the death is of a child under 10 years of age;                                                
08                      (B)  the deceased child, a sibling, or a member of the deceased                                    
09            child's household                                                                                            
10 (i)  is in the legal or physical custody of the state under                                                             
11 AS 47 or under similar custody of another state or political subdivision                                                
12                 of a state; or                                                                                          
13 (ii)  has been the subject of a report of harm under                                                                    
14 AS 47.17 or a child abuse or neglect investigation by the Department of                                                 
15 Health and Social Services or by a similar child protective service in                                                  
16                 this or another state;                                                                                  
17 (C)  a protective order issued, filed, or recognized under                                                            
18 AS 18.66.100, [OR] 18.66.110, or 18.66.140 has been in effect during the                                            
19 previous year in which the petitioner or respondent was a member of the                                                 
20            deceased child's immediate family or household; or                                                           
21 (D)  the child's death occurred in a mental health institution,                                                         
22 mental health treatment facility, foster home, or other residential or child care                                       
23            facility, including a day care facility;                                                                     
24                 (3)  review records concerning                                                                          
25 (A)  abuse or neglect of the deceased child or another child in                                                         
26            the deceased child's household;                                                                              
27 (B)  the criminal history or juvenile delinquency of a person                                                           
28 who may have caused the death of the child and of persons in the deceased                                               
29            child's household; and                                                                                       
30 (C)  a history of domestic violence involving a person who may                                                          
31 have caused the death of the child or involving persons in the deceased child's                                         
01            household, including records in the central registry of protective orders under                              
02            AS 18.65.540;                                                                                                
03                 (4)  if insufficient information exists to adequately determine the cause                               
04       and manner of death, recommend to the state medical examiner that additional                                      
05       information be obtained under AS 12.65.020; and                                                                   
06 (5)  if a local, regional, or district child fatality review team has not                                               
07 been appointed under AS 12.65.015 or is not available, be available to provide                                          
08 recommendations, suggestions, and advice to state or municipal law enforcement or                                       
09       social service agencies in the investigation of deaths of children.                                               
10    * Sec. 16. AS 18.65.865(b) is amended to read:                                                                       
11 (b)  The Alaska Court System shall prepare forms for petitions and protective                                           
12 orders and instructions for their use by a person seeking a protective order under                                      
13 AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil                                           
14 Procedure, except that information on the forms may be filled in by legible                                             
15 handwriting. Filing fees may not be charged in any action seeking only the relief                                       
16 provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the                                       
17 following warning in boldface type: "Violation of this order may be a misdemeanor,                                      
18       punishable by up to one year of incarceration and a fine of up to $25,000 [$10,000]."                           
19    * Sec. 17. AS 18.65 is amended by adding a new section to read:                                                      
20 Sec. 18.65.867. Enforcement and recognition of protective orders issued in                                              
21 other jurisdictions. (a) A protective order issued in another jurisdiction has the same                                 
22 effect and must be recognized and enforced in the same manner as a protective order                                     
23       issued by a court of this state if the protective order is                                                        
24 (1)  issued by a court of the United States, a court of another state or                                                
25       territory, a United States military tribunal, or a tribal court;                                                  
26 (2)  related to stalking or sexual assault that is not a crime involving                                                
27       domestic violence; and                                                                                            
28                 (3)  entitled to full faith and credit under 18 U.S.C. 2265.                                            
29 (b)  A protective order issued in another jurisdiction that appears authentic on                                        
30       its face is presumed valid.                                                                                       
31    * Sec. 18. AS 18.66.130(d) is amended to read:                                                                       
01            (d)  In addition to other required information contained in a protective order,                              
02       the order must include in bold face type the following statements:                                                
03                 (1)  "Violation of this order may be a misdemeanor, punishable by up                                    
04       to one year of incarceration and up to a $25,000 [$10,000] fine";                                               
05 (2)  "If you are ordered to have no contact with the petitioner or to stay                                              
06 away from the petitioner's residence, vehicle, or other place designated by the court,                                  
07 an invitation by the petitioner to have the prohibited contact or to be present at or enter                             
08 the residence, vehicle, or other place does not in any way invalidate or nullify the                                    
09       order."                                                                                                           
10    * Sec. 19. AS 18.66.140(b) is amended to read:                                                                       
11 (b)  A protective order issued in another jurisdiction [FILED IN                                                      
12 ACCORDANCE WITH (a) OF THIS SECTION] has the same effect and must be                                                    
13 recognized and enforced in the same manner as a protective order issued by a court of                                 
14 this state, regardless of whether the protective order issued in another jurisdiction                                 
15       is filed as described in (a) of this section, if the protective order is                                        
16 (1)  issued by a court of the United States, a court of another state                                                 
17       or territory, a United States military tribunal, or a tribal court;                                             
18                 (2)  related to domestic violence; and                                                                
19                 (3)  entitled to full faith and credit under 18 U.S.C. 2265.                                          
20    * Sec. 20. AS 18.66.140 is amended by adding a new subsection to read:                                               
21 (d)  A protective order issued in another jurisdiction that appears authentic on                                        
22       its face is presumed valid.                                                                                       
23    * Sec. 21. AS 25.24.210(e) is amended to read:                                                                       
24 (e)  If the petition is filed by both spouses under AS 25.24.200(a), the petition                                       
25 must state in detail the terms of the agreement between the spouses concerning the                                      
26 custody of children, child support in terms of periodic payments and in terms of health                                 
27 care expenses, visitation, spousal maintenance and tax consequences, if any, and fair                                   
28 and just division of property, including retirement benefits. A petition filed by both                                  
29 spouses under AS 25.24.200(a) may provide for the ownership or joint ownership of                                       
30 an animal, taking into consideration the well-being of the animal. Agreements on                                        
31 spousal maintenance and property division must fairly allocate the economic effect of                                   
01       dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4).                         
02       In addition, the petition must state                                                                              
03                 (1)  the respective occupations of the petitioners;                                                     
04                 (2)  the income, assets, and liabilities of the respective petitioners at the                           
05       time of filing the petition;                                                                                      
06                 (3)  the date and place of the marriage;                                                                
07                 (4)  the name, date of birth, and current marital, educational, and                                     
08       custodial status of each child born of the marriage or adopted by the petitioners who is                          
09       under the age of 19;                                                                                              
10                 (5)  whether the wife is pregnant;                                                                      
11                 (6)  whether either petitioner requires medical care or treatment;                                      
12 (7)  whether any of the following has been issued or filed during the                                                   
13       marriage by or regarding either spouse as defendant, participant, or respondent:                                  
14                      (A)  a criminal charge of a crime involving domestic violence;                                     
15                      (B)  a protective order under AS 18.66.100 - 18.66.180;                                            
16 (C)  injunctive relief under former AS 25.35.010 or 25.35.020;                                                          
17            or                                                                                                           
18 (D)  a protective order issued in another jurisdiction and                                                              
19            recognized [FILED WITH THE COURT] in this state under AS 18.66.140;                                        
20 (8)  whether either petitioner has received the advice of legal counsel                                                 
21       regarding a divorce or dissolution;                                                                               
22 (9)  other facts and circumstances that the petitioners believe should be                                               
23       considered;                                                                                                       
24 (10)  that the petition constitutes the entire agreement between the                                                    
25       petitioners; and                                                                                                  
26                 (11)  any other relief sought by the petitioners.                                                       
27    * Sec. 22. AS 25.24.220(h) is amended to read:                                                                       
28 (h)  In its examination of a petitioner under (d) of this section, the court shall                                      
29       use a heightened level of scrutiny of agreements if                                                               
30                 (1)  one party is represented by counsel and the other is not;                                          
31 (2)  there is evidence that a party committed a crime involving                                                         
01       domestic violence during the marriage or if any of the following has been issued or                               
02       filed during the marriage by or regarding either spouse as defendant, participant, or                             
03       respondent:                                                                                                       
04                      (A)  a criminal charge of a crime involving domestic violence;                                     
05                      (B)  a protective order under AS 18.66.100 - 18.66.180;                                            
06                      (C)  injunctive relief under former AS 25.35.010 or 25.35.020;                                     
07            or                                                                                                           
08                      (D)  a protective order issued in another jurisdiction and                                         
09            recognized [FILED WITH THE COURT] in this state under AS 18.66.140;                                        
10                 (3)  there is a minor child of the marriage; or                                                         
11                 (4)  there is a patently inequitable division of the marital estate.                                    
12    * Sec. 23. AS 28.15.165(e) is amended to read:                                                                       
13 (e)  A person whose driver's license, privilege to drive, or privilege to obtain a                                      
14 license has been revoked under this section as a result of a refusal to submit to a                                     
15 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal                                            
16 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar                                     
17 municipal ordinance in which the test produced a result described in                                                    
18 AS 28.35.030(a)(2) may request that the department rescind the revocation. The                                          
19 department shall rescind a revocation under this subsection if the department finds that                                
20       the person has supplied proof in a form satisfactory to the department that                                       
21 (1)  the person has been acquitted of driving while under the influence                                                 
22 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a                                       
23       similar municipal ordinance for the incident on which the revocation was based; or                                
24 (2)  all criminal charges against the person for driving while under the                                                
25 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit                                    
26 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to                                   
27 the incident on which the revocation is based have been dismissed [WITHOUT                                              
28       PREJUDICE].                                                                                                       
29    * Sec. 24. AS 29.25.070(g) is amended to read:                                                                       
30 (g)  If a municipality prescribes a penalty for a violation of a municipal                                              
31 ordinance, including a violation under (a) of this section, and there is a comparable                                   
01 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the                                      
02 municipal ordinance, the municipality may not impose a greater punishment than that                                     
03 imposed for a violation of the state crime [LAW]. This subsection applies to home                                     
04       rule and general law municipalities.                                                                              
05    * Sec. 25. AS 44.19.645(g) is amended to read:                                                                       
06            (g)  The Department of Corrections shall report quarterly to the working group                               
07 authorized in (b)(3) of this section. The report shall include the following information:                               
08 (1)  data on pretrial decision making and outcomes, including                                                           
09 information on pretrial detainees admitted for a new criminal charge; detainees                                         
10 released at any point before case resolution; time spent detained before first release or                               
11 case resolution; pretrial defendant risk level and charge; pretrial release                                             
12 recommendations made by pretrial services officers; pretrial conditions imposed on                                      
13 pretrial detainees by judicial officers, including amount of bail, and supervision                                      
14 conditions; and information on pretrial outcomes, including whether or not the                                          
15       defendant appeared in court or was re-arrested during the pretrial period;                                        
16 (2)  data on offenders admitted to the Department of Corrections for a                                                  
17 new criminal conviction, including the offense type, number of prior felony                                             
18       convictions, sentence length, and length of stay;                                                                 
19 (3)  data on the population of the Department of Corrections, using a                                                   
20 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
21       type of admission, offense type, and risk level;                                                                  
22 (4)  data on offenders on probation supervised by the Department of                                                     
23 Corrections, including the total number of offenders supervised using a one-day                                         
24 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
25 program under AS 33.05.020(f); probation sentence length; time served on the                                            
26 sentence; whether probation was successfully completed, any new convictions for a                                       
27       felony offense, and any sentences to a term of imprisonment while on probation;                                   
28 (5)  data on parole, including the number of offenders supervised on                                                    
29 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
30 parole hearings; the parole grant rate and number of parolees released on                                               
31 administrative, discretionary, and special medical parole; and information on parolees,                                 
01 including time spent on parole, whether parole was successfully completed, any new                                      
02 convictions for a new felony offense, and any sentences to a term of imprisonment                                       
03       while on parole;                                                                                                  
04 (6)  data on the implementation of policies from the 2015 justice                                                       
05 reinvestment report, including the number and percentage of offenders who earn                                          
06 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                       
07 and the total amount of credits earned; the average number of sanctions issued under                                    
08 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
09       common violations of probation or parole; and                                                                     
10 (7)  data on probation and parole revocations, including information on                                                 
11 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
12 resolution; probationers and parolees admitted solely for a technical violation;                                        
13 probationers and parolees admitted for a new arrest; the number of previous                                             
14 revocations on the current sentence, if any; the length of time held pre-case resolution;                               
15       the length of time to case resolution; and the length of stay.                                                    
16    * Sec. 26. AS 47.37.040 is amended to read:                                                                          
17            Sec. 47.37.040. Duties of department. The department shall                                                   
18 (1)  develop, encourage, and foster statewide, regional, and local plans                                                
19 and programs for the prevention of alcoholism and drug abuse and treatment of                                           
20 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                                 
21 public and private agencies, organizations, and individuals, and provide technical                                      
22       assistance and consultation services for these purposes;                                                          
23 (2)  coordinate the efforts and enlist the assistance of all public and                                                 
24 private agencies, organizations, and individuals interested in prevention of alcoholism,                                
25 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                                  
26       abusers, and inhalant abusers;                                                                                    
27 (3)  cooperate with the Department of Corrections in establishing and                                                   
28 conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                      
29       abusers, and inhalant abusers in or on parole from penal institutions;                                            
30 (4)  cooperate with the Department of Education and Early                                                               
31 Development, school boards, schools, police departments, courts, and other public and                                   
01 private agencies, organizations, and individuals in establishing programs for the                                       
02 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                                  
03 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                       
04       materials for use at all levels of school education;                                                              
05 (5)  prepare, publish, evaluate, and disseminate educational material                                                   
06 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                                   
07       volatile substances;                                                                                              
08 (6)  develop and implement, as an integral part of treatment programs,                                                  
09 an educational program for use in the treatment of alcoholics, intoxicated persons,                                     
10 drug abusers, and inhalant abusers that includes the dissemination of information                                       
11 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                                 
12 (7)  organize and foster training programs for all persons engaged in                                                   
13 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                                   
14 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                                  
15       abuse workers;                                                                                                    
16 (8)  sponsor and encourage research into the causes and nature of                                                       
17 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                            
18 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                                   
19       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
20 (9)  specify uniform methods for keeping statistical information by                                                     
21 public and private agencies, organizations, and individuals, and collect and make                                       
22 available relevant statistical information, including number of persons treated,                                        
23       frequency of admission and readmission, and frequency and duration of treatment;                                  
24 (10)  conduct program planning activities approved by the Advisory                                                      
25       Board on Alcoholism and Drug Abuse;                                                                               
26 (11)  review all state health, welfare, and treatment plans to be                                                       
27 submitted for federal funding, and advise the commissioner on provisions to be                                          
28 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                        
29       abusers;                                                                                                          
30 (12)  assist in the development of, and cooperate with, alcohol, drug                                                   
31 abuse, and inhalant abuse education and treatment programs for employees of state                                       
01       and local governments and businesses and industries in the state;                                                 
02 (13)  use the support and assistance of interested persons in the                                                       
03 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                                    
04 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                         
05       treatment;                                                                                                        
06 (14)  cooperate with the Department of Public Safety and the                                                            
07 Department of Transportation and Public Facilities in establishing and conducting                                       
08 programs designed to deal with the problem of persons operating motor vehicles while                                    
09 under the influence of an alcoholic beverage, inhalant, or controlled substance, and                                    
10 develop and approve alcohol information courses required to be taken by drivers under                                   
11 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                                
12       laws;                                                                                                             
13 (15)  encourage hospitals and other appropriate health facilities to                                                    
14 admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                         
15       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
16 (16)  encourage all health insurance programs to include alcoholism                                                     
17       and drug abuse as a covered illness;                                                                              
18 (17)  prepare an annual report covering the activities of the department                                                
19       and notify the legislature that the report is available;                                                          
20 (18)  develop and implement a training program on alcoholism and                                                        
21 drug abuse for employees of state and municipal governments, and private institutions;                                  
22 (19)  develop curriculum materials on drug and alcohol abuse and the                                                    
23 misuse of hazardous volatile substances for use in grades kindergarten through 12, as                                   
24 well as a course of instruction for teachers to be charged with presenting the                                          
25       curriculum;                                                                                                       
26 (20)  develop and implement or designate, in cooperation with other                                                     
27 state or local agencies, a juvenile alcohol safety action program that provides alcohol                                 
28 and substance abuse screening, referral, and monitoring of persons under 18 years of                                    
29       age who have been referred to it by                                                                               
30 (A)  a court in connection with a charge or conviction of a                                                             
31 violation or misdemeanor related to the use of alcohol or a controlled                                                  
01            substance;                                                                                                   
02                      (B)  the agency responsible for the administration of motor                                        
03            vehicle laws in connection with a license action related to the use of alcohol or                            
04            a controlled substance; or                                                                                   
05                      (C)  department staff after a delinquency adjudication that is                                     
06            related to the use of alcohol or a controlled substance;                                                     
07 (21)  develop and implement, or designate, in cooperation with other                                                    
08 state or local agencies, an alcohol safety action program that provides services to                                     
09 persons who have been referred by a court under AS 04.16.049, 04.16.050,                                              
10 AS 28.35.028, 28.35.030, or 28.35.032, or referred by an agency of the state with the                                   
11 responsibility for administering motor vehicle laws in connection with a driver's                                       
12       license action involving the use of alcohol or a controlled substance;                                            
13 (22)  whenever possible, apply evidence-based, research-based, and                                                      
14 consensus-based substance abuse and co-occurring substance abuse and mental health                                      
15 disorders treatment practices and remove barriers that prevent the use of those                                         
16       practices;                                                                                                        
17 (23)  collaborate with first responders, hospitals, schools, primary care                                               
18 providers, developmental disability treatment providers, law enforcement, corrections,                                  
19 attorneys, the Alaska Court System, community behavioral treatment providers,                                           
20 Alaska Native organizations, and federally funded programs in implementing                                              
21       programs for co-occurring substance abuse and mental health disorders treatment.                                  
22    * Sec. 27. AS 33.16.120(h) is repealed.                                                                              
23    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                           
24 read:                                                                                                                   
25 REPORT ON UNTESTED SEXUAL ASSAULT EXAMINATION KITS. (a) By                                                              
26 September 1, 2017, each law enforcement agency and state department charged with the                                    
27 maintenance, storage, and preservation of sexual assault examination kits shall conduct an                              
28 inventory of untested sexual assault examination kits and report, in writing, to the Department                         
29 of Public Safety the number of untested sexual assault examination kits in the possession of                            
30 the agency or department and the date on which each untested sexual assault examination kit                             
31 was collected.                                                                                                          
01       (b)  By November 1, 2017, the Department of Public Safety shall prepare and transmit                              
02 a report to the president of the senate and the speaker of the house of representatives that                            
03 contains                                                                                                                
04            (1)  the number of untested sexual assault examination kits stored by each law                               
05 enforcement agency or department;                                                                                       
06            (2)  the date each untested sexual assault examination kit was collected; and                                
07            (3)  a plan for addressing the backlog and prevention of a backlog of untested                               
08 sexual assault examination kits.                                                                                        
09       (c)  The Department of Public Safety shall deliver a copy of the report prepared under                            
10 (b) of this section to the senate secretary and the chief clerk of the house of representatives                         
11 and notify the legislature that the report is available.                                                                
12 (d)  In this section, "untested sexual assault examination kit" means a sexual assault                                  
13 examination kit with evidence that                                                                                      
14 (1)  has been collected but that has not been submitted to a laboratory operated                                        
15 or approved by the Department of Public Safety for either a serological or DNA test; or                                 
16 (2)  has been collected and submitted to a laboratory operated or approved by                                           
17 the Department of Public Safety but that has not had a serological or DNA test conducted on                             
18 the evidence.                                                                                                           
19    * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to                           
20 read:                                                                                                                   
21 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
22 the effective date of those sections:                                                                                   
23            (1)  AS 11.46.280(d), as amended by sec. 1 of this Act;                                                      
24            (2)  AS 11.46.285(b), as amended by sec. 2 of this Act;                                                      
25            (3)  AS 11.46.730(c), as amended by sec. 3 of this Act; and                                                  
26            (4)  AS 11.71.050(a), as amended by sec. 6 of this Act.                                                      
27 (b)  AS 12.55.078(a), as amended by sec. 11 of this Act, AS 12.55.078(d), as amended                                    
28 by sec. 12 of this Act, and AS 12.55.078(f), as amended by sec. 13 of this Act, apply to                                
29 prosecutions occurring on or after the effective date of secs. 11 - 13 of this Act, for offenses                        
30 committed before, on, or after the effective date of secs. 11 - 13 of this Act.                                         
31 (c)  AS 12.55.090(c), as amended by sec. 14 of this Act, applies to probation ordered                                   
01 on or after the effective date of sec. 14 of this Act for offenses committed before, on, or after                       
02 the effective date of sec. 14 of this Act.                                                                              
03 (d)  AS 28.15.165(e), as amended by sec. 23 of this Act, applies to a revocation of a                                   
04 driver's license, privilege to drive, or privilege to obtain a license, or to an identification card                    
05 or driver's license issued to a parolee, occurring before, on, or after the effective date of sec.                      
06 23 of this Act for conduct occurring before, on, or after the effective date of sec. 23 of this                         
07 Act.                                                                                                                    
08    * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to                           
09 read:                                                                                                                   
10 APPLICABILITY OF SECS. 148 AND 151, CH. 36, SLA 2016. (a) Nothing in the                                                
11 provisions of AS 33.16.220(i) may be construed as invalidating a decision of the Board of                               
12 Parole issued before January 1, 2017, that extended the period of supervision beyond the                                
13 maximum release date on the original sentence.                                                                          
14       (b)  Nothing in the provisions of AS 33.16.270 may be construed as applying to credit                             
15 for time served on parole before January 1, 2017.                                                                       
16    * Sec. 31. Sections 1 - 3, 6, 8 - 14, 16, 18, and 23 - 30 of this Act take effect immediately                        
17 under AS 01.10.070(c).                                                                                                  
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