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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 64                                                                                                          
01 Relating to theft and property offenses; relating to the definition of "prior convictions" for                          
02 certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an                            
03 expiration date; relating to electronic monitoring for certain persons convicted of driving                             
04 while under the influence; relating to the crime of custodial interference; relating to the duties                      
05 of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered                             
06 treatment programs; relating to conditions of release, probation, and parole; relating to a                             
07 mitigating factor for a person suffering from combat-related post-traumatic stress disorder or                          
08 combat-related traumatic brain injury; relating to duties of the commissioner of corrections                            
09 and board of parole; establishing a program for reducing recidivism in the Department of                                
10 Health and Social Services; requiring the commissioner of health and social services to                                 
11 establish programs for persons on conditions of release or probation that require testing for                           
01 controlled substances and alcoholic beverages; requiring the board of parole to establish                               
02 programs for persons on parole that require testing for controlled substances and alcoholic                             
03 beverages; relating to the duties of the Department of Health and Social Services; and                                  
04 providing for an effective date.                                                                                        
05                           _______________                                                                               
06    * Section 1. AS 11.41.320(a) is amended to read:                                                                   
07            (a)  A person commits the crime of custodial interference in the first degree if                             
08       the person violates AS 11.41.330(a)(1) [AS 11.41.330] and causes the child or                                 
09       incompetent person to be                                                                                          
10                 (1)  removed from the state; or                                                                         
11                 (2)  kept outside the state.                                                                            
12    * Sec. 2. AS 11.41.330(a) is amended to read:                                                                      
13            (a)  A person commits the crime of custodial interference in the second degree                               
14       if                                                                                                                
15                 (1)  [,] being a relative of a child under 18 years of age or a relative of                         
16       an incompetent person and knowing that the person has no legal right to do so, the                                
17       person takes, entices, or keeps that child or incompetent person from a lawful                                    
18       custodian with intent to hold the child or incompetent person for a protracted period;                        
19       or                                                                                                            
20                 (2)  not being a relative of a child under 18 years of age or a                                     
21       relative of an incompetent person, knowing that the person has no right to do so                              
22       and with the intent to take or keep the child or incompetent person, the person                               
23       represents to the lawful custodian that the person has a right to take or keep the                            
24       child or incompetent person.                                                                                
25    * Sec. 3. AS 11.41.330(b) is amended to read:                                                                      
26            (b)  The affirmative defense of necessity under AS 11.81.320 does not apply to                               
27       a prosecution for custodial interference under (a)(1) [(a)] of this section if the                            
28       protracted period for which the person held the child or incompetent person exceeded                              
29       the shorter of the following:                                                                                     
01                 (1)  24 hours; or                                                                                       
02                 (2)  the time necessary to report to a peace officer or social service                                  
03       agency that the child or incompetent person has been abused, neglected, or is in                                  
04       imminent physical danger.                                                                                         
05    * Sec. 4. AS 11.46.130(a) is amended to read:                                                                      
06            (a)  A person commits the crime of theft in the second degree if the person                                  
07       commits theft as defined in AS 11.46.100 and                                                                      
08                 (1)  the value of the property or services is $750 [$500] or more but less                          
09       than $25,000;                                                                                                     
10                 (2)  the property is a firearm or explosive;                                                            
11                 (3)  the property is taken from the person of another;                                                  
12                 (4)  the property is taken from a vessel and is vessel safety or survival                               
13       equipment;                                                                                                        
14                 (5)  the property is taken from an aircraft and the property is aircraft                                
15       safety or survival equipment;                                                                                     
16                 (6)  the value of the property is $250 [$50] or more but less than $750                         
17       [$500] and, within the preceding five years, the person has been convicted and                                    
18       sentenced on two or more separate occasions in this or another jurisdiction of                                    
19                      (A)  an offense under AS 11.46.120, or an offense under                                            
20            another law or ordinance with similar elements;                                                              
21                      (B)  a crime set out in this subsection or an offense under                                        
22            another law or ordinance with similar elements;                                                              
23                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
24            another law or ordinance with similar elements; or                                                           
25                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
26            offense under another law or ordinance with similar elements; or                                             
27                 (7)  the property is an access device.                                                                  
28    * Sec. 5. AS 11.46.140(a) is amended to read:                                                                      
29            (a)  A person commits the crime of theft in the third degree if the person                                   
30       commits theft as defined in AS 11.46.100 and                                                                      
31                 (1)  the value of the property or services is $250 [$50] or more but less                           
01       than $750 [$500]; or                                                                                      
02                 (2)  [REPEALED]                                                                                         
03                 (3)  the value of the property is less than $250 [$50] and, within the                              
04       past five years, the person has been convicted and sentenced on two or more separate                              
05       occasions in this or another jurisdiction of theft or concealment of merchandise, or an                           
06       offense under another law or ordinance with similar elements.                                                     
07    * Sec. 6. AS 11.46.150(a) is amended to read:                                                                      
08            (a)  A person commits the crime of theft in the fourth degree if the person                                  
09       commits theft as defined in AS 11.46.100 and the value of the property or services is                             
10       less than $250 [$50].                                                                                         
11    * Sec. 7. AS 11.46.220(c) is amended to read:                                                                      
12            (c)  Concealment of merchandise is                                                                           
13                 (1)  a class C felony if                                                                                
14                      (A)  the merchandise is a firearm;                                                                 
15                      (B)  the value of the merchandise is $750 [$500] or more; or                                   
16                      (C)  the value of the merchandise is $250 [$50] or more but less                               
17            than $750 [$500] and, within the preceding five years, the person has been                               
18            convicted and sentenced on two or more separate occasions in this or another                                 
19            jurisdiction of                                                                                              
20                           (i)  the offense of concealment of merchandise under                                          
21                 this paragraph or (2)(A) of this subsection, or an offense under another                                
22                 law or ordinance with similar elements; or                                                              
23                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
24                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
25                 similar elements;                                                                                       
26                 (2)  a class A misdemeanor if                                                                           
27                      (A)  the value of the merchandise is $250 [$50] or more but less                               
28            than $750 [$500]; or                                                                                     
29                      (B)  the value of the merchandise is less than $250 [$50] and,                                 
30            within the preceding five years, the person has been convicted and sentenced                                 
31            on two or more separate occasions of the offense of concealment of                                           
01            merchandise or theft in any degree, or an offense under another law or                                       
02            ordinance with similar elements;                                                                             
03                 (3)  a class B misdemeanor if the value of the merchandise is less than                                 
04       $250 [$50].                                                                                                   
05    * Sec. 8. AS 11.46.260(b) is amended to read:                                                                      
06            (b)  Removal of identification marks is                                                                      
07                 (1)  a class C felony if the value of the property on which the serial                                  
08       number or identification mark appeared is $750 [$500] or more;                                                
09                 (2)  a class A misdemeanor if the value of the property on which the                                    
10       serial number or identification mark appeared is $250 [$50] or more but less than $750                    
11       [$500];                                                                                                           
12                 (3)  a class B misdemeanor if the value of the property on which the                                    
13       serial number or identification mark appeared is less than $250 [$50].                                        
14    * Sec. 9. AS 11.46.270(b) is amended to read:                                                                      
15            (b)  Unlawful possession is                                                                                  
16                 (1)  a class C felony if the value of the property on which the serial                                  
17       number or identification mark appeared is $750 [$500] or more;                                                
18                 (2)  a class A misdemeanor if the value of the property on which the                                    
19       serial number or identification mark appeared is $250 [$50] or more but less than $750                    
20       [$500];                                                                                                           
21                 (3)  a class B misdemeanor if the value of the property on which the                                    
22       serial number or identification mark appeared is less than $250 [$50].                                        
23    * Sec. 10. AS 11.46.280(d) is amended to read:                                                                     
24            (d)  Issuing a bad check is                                                                                  
25                 (1)  a class B felony if the face amount of the check is $25,000 or more;                               
26                 (2)  a class C felony if the face amount of the check is $750 [$500] or                             
27       more but less than $25,000;                                                                                       
28                 (3)  a class A misdemeanor if the face amount of the check is $250                                  
29       [$50] or more but less than $750 [$500];                                                                      
30                 (4)  a class B misdemeanor if the face amount of the check is less than                                 
31       $250 [$50].                                                                                                   
01    * Sec. 11. AS 11.46.285(b) is amended to read:                                                                     
02            (b)  Fraudulent use of an access device is                                                                   
03                 (1)  a class B felony if the value of the property or services obtained is                              
04       $25,000 or more;                                                                                                  
05                 (2)  a class C felony if the value of the property or services obtained is                              
06       $750 [$50] or more but less than $25,000;                                                                     
07                 (3)  a class A misdemeanor if the value of the property or services                                     
08       obtained is less than $750 [$50].                                                                             
09    * Sec. 12. AS 11.46.295 is amended to read:                                                                        
10            Sec. 11.46.295. Prior convictions. For purposes of considering prior                                       
11       convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                           
12       11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under                                  
13       AS 11.46.220(c),                                                                                                  
14                 (1)  a conviction for an offense under another law or ordinance with                                
15       similar elements is a conviction of an offense having elements similar to those of an                             
16       offense defined as such under Alaska law at the time the offense was committed;                               
17                 (2)  a conviction for an offense under Alaska law where the value of                                
18       the property or services for the offense was lower than the value of property or                              
19       services for the offense under current Alaska law is a prior conviction for that                              
20       offense; and                                                                                                  
21                 (3)  the [. THE] court shall consider the date of a prior conviction as                             
22       occurring on the date that sentence is imposed for the prior offense.                                             
23    * Sec. 13. AS 11.46.360(a) is amended to read:                                                                     
24            (a)  A person commits the crime of vehicle theft in the first degree if, having                              
25       no right to do so or any reasonable ground to believe the person has such a right, the                            
26       person drives, tows away, or takes                                                                                
27                 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                               
28       of another;                                                                                                       
29                 (2)  the propelled vehicle of another and                                                               
30                      (A)  the vehicle or any other property of another is damaged in a                                  
31            total amount of $750 [$500] or more;                                                                     
01                      (B)  the owner incurs reasonable expenses as a result of the loss                                  
02            of use of the vehicle, in a total amount of $750 [$500] or more; or                                      
03                      (C)  the owner is deprived of the use of the vehicle for seven                                     
04            days or more;                                                                                                
05                 (3)  the propelled vehicle of another and the vehicle is marked as a                                    
06       police or emergency vehicle; or                                                                                   
07                 (4)  the propelled vehicle of another and, within the preceding seven                                   
08       years, the person was convicted under                                                                             
09                      (A)  this section or AS 11.46.365;                                                                 
10                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
11                      (C)  former AS 11.46.484(a)(2);                                                                    
12                      (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                    
13            of a propelled vehicle; or                                                                                   
14                      (E)  a law or ordinance of this or another jurisdiction with                                       
15            elements substantially similar to those of an offense described in (A) - (D) of                              
16            this paragraph.                                                                                              
17    * Sec. 14. AS 11.46.482(a) is amended to read:                                                                     
18            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
19       having no right to do so or any reasonable ground to believe the person has such a                                
20       right,                                                                                                            
21                 (1)  with intent to damage property of another, the person damages                                      
22       property of another in an amount of $750 [$500] or more;                                                      
23                 (2)  the person recklessly creates a risk of damage in an amount                                        
24       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
25                 (3)  the person knowingly                                                                               
26                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
27            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  
28            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
29            memorial appears to be abandoned, lost, or neglected;                                                        
30                      (B)  removes human remains or associated burial artifacts from                                     
31            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
01            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
02    * Sec. 15. AS 11.46.484(a) is amended to read:                                                                     
03            (a)  A person commits the crime of criminal mischief in the fourth degree if,                                
04       having no right to do so or any reasonable ground to believe the person has such a                                
05       right                                                                                                             
06                 (1)  with intent to damage property of another, the person damages                                      
07       property of another in an amount of $250 [$50] or more but less than $750 [$500];                         
08                 (2)  the person tampers with a fire protection device in a building that is                             
09       a public place;                                                                                                   
10                 (3)  the person knowingly accesses a computer, computer system,                                         
11       computer program, computer network, or part of a computer system or network;                                      
12                 (4)  the person uses a device to descramble an electronic signal that has                               
13       been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                
14       device is used only to descramble signals received directly from a satellite or unless                            
15       the person owned the device before September 18, 1984; or                                                         
16                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
17       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
18       damages the work upon a highway under construction.                                                               
19    * Sec. 16. AS 11.46.486(a) is amended to read:                                                                     
20            (a)  A person commits the crime of criminal mischief in the fifth degree if,                                 
21       having no right to do so or any reasonable ground to believe the person has such a                                
22       right,                                                                                                            
23                 (1)  with reckless disregard for the risk of harm to or loss of the                                     
24       property or with intent to cause substantial inconvenience to another, the person                                 
25       tampers with property of another;                                                                                 
26                 (2)  with intent to damage property of another, the person damages                                      
27       property of another in an amount less than $250 [$50]; or                                                     
28                 (3)  the person rides in a propelled vehicle knowing it has been stolen                                 
29       or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).                                         
30    * Sec. 17. AS 11.46.530(b) is amended to read:                                                                     
31            (b)  Criminal simulation is                                                                                  
01                 (1)  a class C felony if the value of what the object purports to represent                             
02       is $750 [$500] or more;                                                                                       
03                 (2)  a class A misdemeanor if the value of what the object purports to                                  
04       represent is $250 [$50] or more but less than $750 [$500];                                                
05                 (3)  a class B misdemeanor if the value of what the object purports to                                  
06       represent is less than $250 [$50].                                                                            
07    * Sec. 18. AS 11.46.620(d) is amended to read:                                                                     
08            (d)  Misapplication of property is                                                                           
09                 (1)  a class C felony if the value of the property misapplied is $750                               
10       [$500] or more;                                                                                                   
11                 (2)  a class A misdemeanor if the value of the property misapplied is                                   
12       less than $750 [$500].                                                                                        
13    * Sec. 19. AS 11.46.730(c) is amended to read:                                                                     
14            (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                
15       judgment creditor, or creditor incurs a pecuniary loss of $750 [$500] or more as a                            
16       result to the defendant's conduct, in which case defrauding secured creditors is                                  
17                 (1)  a class B felony if the loss is $25,000 or more;                                                   
18                 (2)  a class C felony if the loss is $750 [$500] or more but less than                              
19       $25,000.                                                                                                          
20    * Sec. 20. AS 12.30.011(b) is amended to read:                                                                     
21            (b)  If a judicial officer determines that the release under (a) of this section will                        
22       not reasonably assure the appearance of the person or will pose a danger to the victim,                           
23       other persons, or the community, the officer shall impose the least restrictive condition                         
24       or conditions that will reasonably assure the person's appearance and protect the                                 
25       victim, other persons, and the community. In addition to conditions under (a) of this                             
26       section, the judicial officer may, singly or in combination,                                                      
27                 (1)  require the execution of an appearance bond in a specified amount                                  
28       of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                         
29       of the amount of the bond;                                                                                        
30                 (2)  require the execution of a bail bond with sufficient solvent sureties                              
31       or the deposit of cash;                                                                                           
01                 (3)  require the execution of a performance bond in a specified amount                                  
02       of cash to be deposited in the registry of the court;                                                             
03                 (4)  place restrictions on the person's travel, association, or residence;                              
04                 (5)  order the person to refrain from possessing a deadly weapon on the                                 
05       person or in the person's vehicle or residence;                                                                   
06                 (6)  require the person to maintain employment or, if unemployed,                                       
07       actively seek employment;                                                                                         
08                 (7)  require the person to notify the person's lawyer and the prosecuting                               
09       authority within two business days after any change in employment;                                                
10                 (8)  require the person to avoid all contact with a victim, a potential                                 
11       witness, or a codefendant;                                                                                        
12                 (9)  require the person to refrain from the consumption and possession                                  
13       of alcoholic beverages;                                                                                           
14                 (10)  require the person to refrain from the use of a controlled substance                              
15       as defined by AS 11.71, unless prescribed by a licensed health care provider with                                 
16       prescriptive authority;                                                                                           
17                 (11)  require the person to be physically inside the person's residence,                                
18       or in the residence of the person's third-party custodian, at time periods set by the                             
19       court;                                                                                                            
20                 (12)  require the person to keep regular contact with a law enforcement                                 
21       officer or agency;                                                                                                
22                 (13)  order the person to refrain from entering or remaining in premises                                
23       licensed under AS 04;                                                                                             
24                 (14)  place the person in the custody of an individual who agrees to                                    
25       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
26                 (15)  if the person is under the treatment of a licensed health care                                    
27       provider, order the person to follow the provider's treatment recommendations;                                    
28                 (16)  order the person to take medication that has been prescribed for                                  
29       the person by a licensed health care provider with prescriptive authority;                                        
30                 (17)  order the person to comply with any other condition that is                                       
31       reasonably necessary to assure the appearance of the person and to assure the safety of                           
01       the victim, other persons, and the community;                                                                 
02                 (18)  require the person to comply with a program established                                       
03       under AS 47.38.020 if the person has been charged with an alcohol-related or                                  
04       substance-abuse-related offense that is an unclassified felony, a class A felony, a                           
05       sexual felony, or a crime involving domestic violence.                                                        
06    * Sec. 21. AS 12.30.016(b) is amended to read:                                                                     
07            (b)  In a prosecution charging a violation of AS 04.11.010, 04.11.499,                                       
08       AS 28.35.030, or 28.35.032, a judicial officer may order the person                                               
09                 (1)  to refrain from                                                                                    
10                      (A)  consuming alcoholic beverages; or                                                             
11                      (B)  possessing on the person, in the person's residence, or in                                    
12            any vehicle or other property over which the person has control, alcoholic                                   
13            beverages;                                                                                                   
14                 (2)  to submit to a search without a warrant of the person, the person's                                
15       personal property, the person's residence, or any vehicle or other property over which                            
16       the person has control, for the presence of alcoholic beverages by a peace officer who                            
17       has reasonable suspicion that the person is violating the conditions of the person's                              
18       release by possessing alcoholic beverages;                                                                        
19                 (3)  to submit to a breath test when requested by a law enforcement                                     
20       officer;                                                                                                          
21                 (4)  to provide a sample for a urinalysis or blood test when requested by                               
22       a law enforcement officer;                                                                                        
23                 (5)  to take a drug or combination of drugs intended to prevent                                         
24       substance abuse;                                                                                                  
25                 (6)  to follow any treatment plan imposed by the court under                                            
26       AS 28.35.028;                                                                                                 
27                 (7)  to comply with a program established under AS 47.38.020.                                       
28    * Sec. 22. AS 12.30.016(c) is amended to read:                                                                     
29            (c)  In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial                               
30       officer may order the person                                                                                      
31                 (1)  to refrain from                                                                                    
01                      (A)  consuming a controlled substance; or                                                          
02                      (B)  possessing on the person, in the person's residence, or in                                    
03            any vehicle or other property over which the person has control, a controlled                                
04            substance or drug paraphernalia;                                                                             
05                 (2)  to submit to a search without a warrant of the person, the person's                                
06       personal property, the person's residence, or any vehicle or other property over which                            
07       the person has control, for the presence of a controlled substance or drug paraphernalia                          
08       by a peace officer who has reasonable suspicion that the person is violating the terms                            
09       of the person's release by possessing controlled substances or drug paraphernalia;                                
10                 (3)  to enroll in a random drug testing program, at the person's expense,                               
11       to detect the presence of a controlled substance, with testing to occur not less than                             
12       once a week, and with the results being submitted to the court and the prosecuting                                
13       authority;                                                                                                        
14                 (4)  to refrain from entering or remaining in a place where a controlled                                
15       substance is being used, manufactured, grown, or distributed;                                                     
16                 (5)  to refrain from being physically present at, within a two-block area                               
17       of, or within a designated area near, the location where the alleged offense occurred or                          
18       at other designated places, unless the person actually resides within that area; [OR]                             
19                 (6)  to refrain from the use or possession of an inhalant; or                                       
20                 (7)  to comply with a program established under AS 47.38.020.                                       
21    * Sec. 23. AS 12.55.027(c) is amended to read:                                                                     
22            (c)  To qualify for credit against a sentence of imprisonment for a day [TIME]                           
23       spent in a treatment program, the treatment program and the facility of the treatment                             
24       program must impose substantial restrictions on a person's liberty on that day that are                       
25       equivalent to incarceration, including the requirement that a participant in the program                          
26                 (1)  must live in a residential facility operated by the program;                                       
27                 (2)  must be confined at all times to the grounds of the facility or be in                              
28       the physical custody of an employee of the facility, except for                                                   
29                      (A)  court appearances;                                                                    
30                      (B)  [,] meetings with counsel;                                                            
31                      (C)  employment, vocational training, or community                                             
01            volunteer [, AND] work required by the treatment program [AND                                          
02            APPROVED IN ADVANCE BY THE COURT]; and                                                                   
03                      (D)  periods during which the resident is permitted to leave                                   
04            the facility for rehabilitative purposes directly related to the person's                                
05            treatment, so long as the periods during which the resident is permitted to                              
06            leave the facility are expressly limited as to both time and purpose by the                              
07            treatment program;                                                                                       
08                 (3)  is subject to disciplinary sanctions by the program if the participant                             
09       violates rules of the program and facility; sanctions must be in writing and available                            
10       for court review; and                                                                                             
11                 (4)  is subject to immediate arrest, without warrant, if the participant                                
12       leaves the facility without permission.                                                                           
13    * Sec. 24. AS 12.55.100(a) is amended to read:                                                                     
14            (a)  While on probation and among the conditions of probation, the defendant                                 
15       may be required                                                                                                   
16                 (1)  to pay a fine in one or several sums;                                                              
17                 (2)  to make restitution or reparation to aggrieved parties for actual                                  
18       damages or loss caused by the crime for which conviction was had, including                                       
19       compensation to a victim that is a nonprofit organization for the value of labor or                               
20       goods provided by volunteers if the labor or goods were necessary to alleviate or                                 
21       mitigate the effects of the defendant's crime;                                                                    
22                 (3)  to provide for the support of any persons for whose support the                                    
23       defendant is legally responsible;                                                                                 
24                 (4)  to perform community work in accordance with AS 12.55.055;                                         
25                 (5)  to participate in or comply with the treatment plan of an inpatient                                
26       or outpatient rehabilitation program specified by either the court or the defendant's                             
27       probation officer that is related to the defendant's offense or to the defendant's                                
28       rehabilitation; [AND]                                                                                             
29                 (6)  to satisfy the screening, evaluation, referral, and program                                        
30       requirements of an agency authorized by the court to make referrals for rehabilitative                            
31       treatment or to provide rehabilitative treatment; and                                                         
01                 (7)  to comply with a program established under AS 47.38.020.                                       
02    * Sec. 25. AS 12.55.155(d) is amended to read:                                                                     
03            (d)  The following factors shall be considered by the sentencing court if proven                             
04       in accordance with this section, and may allow imposition of a sentence below the                                 
05       presumptive range set out in AS 12.55.125:                                                                        
06                 (1)  the offense was principally accomplished by another person, and                                    
07       the defendant manifested extreme caution or sincere concern for the safety or well-                               
08       being of the victim;                                                                                              
09                 (2)  the defendant, although an accomplice, played only a minor role in                                 
10       the commission of the offense;                                                                                    
11                 (3)  the defendant committed the offense under some degree of duress,                                   
12       coercion, threat, or compulsion insufficient to constitute a complete defense, but that                           
13       significantly affected the defendant's conduct;                                                                   
14                 (4)  the conduct of a youthful defendant was substantially influenced by                                
15       another person more mature than the defendant;                                                                    
16                 (5)  the conduct of an aged defendant was substantially a product of                                    
17       physical or mental infirmities resulting from the defendant's age;                                                
18                 (6)  in a conviction for assault under AS 11.41.200 - 11.41.220, the                                    
19       defendant acted with serious provocation from the victim;                                                         
20                 (7)  except in the case of a crime defined by AS 11.41.410 - 11.41.470,                                 
21       the victim provoked the crime to a significant degree;                                                            
22                 (8)  before the defendant knew that the criminal conduct had been                                       
23       discovered, the defendant fully compensated or made a good faith effort to fully                                  
24       compensate the victim of the defendant's criminal conduct for any damage or injury                                
25       sustained;                                                                                                        
26                 (9)  the conduct constituting the offense was among the least serious                                   
27       conduct included in the definition of the offense;                                                                
28                 (10)  the defendant was motivated to commit the offense solely by an                                    
29       overwhelming compulsion to provide for emergency necessities for the defendant's                                  
30       immediate family;                                                                                                 
31                 (11)  after commission of the offense for which the defendant is being                                  
01       sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other                            
02       persons who committed an offense;                                                                                 
03                 (12)  the facts surrounding the commission of the offense and any                                       
04       previous offenses by the defendant establish that the harm caused by the defendant's                              
05       conduct is consistently minor and inconsistent with the imposition of a substantial                               
06       period of imprisonment;                                                                                           
07                 (13)  the defendant is convicted of an offense specified in AS 11.71 and                                
08       the offense involved small quantities of a controlled substance;                                                  
09                 (14)  the defendant is convicted of an offense specified in AS 11.71 and                                
10       the offense involved the distribution of a controlled substance, other than a schedule                            
11       IA controlled substance, to a personal acquaintance who is 19 years of age or older for                           
12       no profit;                                                                                                        
13                 (15)  the defendant is convicted of an offense specified in AS 11.71 and                                
14       the offense involved the possession of a small amount of a controlled substance for                               
15       personal use in the defendant's home;                                                                             
16                 (16)  in a conviction for assault or attempted assault or for homicide or                               
17       attempted homicide, the defendant acted in response to domestic violence perpetrated                              
18       by the victim against the defendant and the domestic violence consisted of aggravated                             
19       or repeated instances of assaultive behavior;                                                                     
20                 (17)  except in the case of an offense defined by AS 11.41 or                                           
21       AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the                              
22       time of sentencing, has successfully completed a court-ordered treatment program as                               
23       defined in AS 28.35.028 that was begun after the offense was committed;                                           
24                 (18)  except in the case of an offense defined under AS 11.41 or                                        
25       AS 11.46.400 or a defendant who has previously been convicted of a felony, the                                    
26       defendant committed the offense while suffering from a mental disease or defect as                                
27       defined in AS 12.47.130 that was insufficient to constitute a complete defense but that                           
28       significantly affected the defendant's conduct;                                                                   
29                 (19)  the defendant is convicted of an offense under AS 11.71, and the                                  
30       defendant sought medical assistance for another person who was experiencing a drug                                
31       overdose contemporaneously with the commission of the offense;                                                    
01                 (20)  except in the case of an offense defined under AS 11.41 or                                        
02       AS 11.46.400, the defendant committed the offense while suffering from a condition                                
03       diagnosed                                                                                                         
04                      (A)  as a fetal alcohol spectrum disorder, the fetal alcohol                                   
05            spectrum disorder substantially impaired the defendant's judgment, behavior,                                 
06            capacity to recognize reality, or ability to cope with the ordinary demands of                               
07            life, and the fetal alcohol spectrum disorder, though insufficient to constitute a                           
08            complete defense, significantly affected the defendant's conduct; in this                                    
09            subparagraph [PARAGRAPH], "fetal alcohol spectrum disorder" means a                                      
10            condition of impaired brain function in the range of permanent birth defects                                 
11            caused by maternal consumption of alcohol during pregnancy; or                                           
12                      (B)  as combat-related post-traumatic stress disorder or                                       
13            combat-related traumatic brain injury, the combat-related post-traumatic                                 
14            stress disorder or combat-related traumatic brain injury substantially                                   
15            impaired the defendant's judgment, behavior, capacity to recognize                                       
16            reality, or ability to cope with the ordinary demands of life, and the                                   
17            combat-related post-traumatic stress disorder or combat-related                                          
18            traumatic brain injury, though insufficient to constitute a complete                                     
19            defense, significantly affected the defendant's conduct; in this                                         
20            subparagraph, "combat-related post-traumatic stress disorder or combat-                                  
21            related traumatic brain injury" means post-traumatic stress disorder or                                  
22            traumatic brain injury resulting from combat with an enemy of the                                        
23            United States in the line of duty while on active duty as a member of the                                
24            armed forces of the United States; nothing in this subparagraph is                                       
25            intended to limit the application of (18) of this subsection.                                            
26    * Sec. 26. AS 22.20 is amended by adding a new section to article 4 to read:                                       
27            Sec. 22.20.210. Alaska Criminal Justice Commission. The judicial council                                   
28       shall provide staff and administrative support to the Alaska Criminal Justice                                     
29       Commission established in AS 44.19.641.                                                                           
30    * Sec. 27. AS 28.35.030(k) is amended to read:                                                                     
31            (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                              
01       community residential center or by electronic monitoring at a private residence. If                           
02       [, IF] a community residential center or electronic monitoring at a private residence                         
03       is not available, imprisonment required under (b)(1)(A) of this section may be                                
04       served at another appropriate place determined by the commissioner of corrections.                            
05       Imprisonment required under (b)(1)(B) - (F) of this section may be served at a                                    
06       community residential center or at a private residence if approved by the                                         
07       commissioner of corrections. Imprisonment served at a private residence must include                              
08       electronic monitoring. The cost of imprisonment resulting from the sentence imposed                               
09       under (b)(1) of this section shall be paid to the state by the person being sentenced                             
10       provided, however, that the cost of imprisonment required to be paid under this                                   
11       subsection may not exceed $2,000. Upon the person's conviction, the court shall                                   
12       include the costs of imprisonment as a part of the judgment of conviction. Except for                             
13       reimbursement from a permanent fund dividend as provided in this subsection,                                      
14       payment of the cost of imprisonment is not required if the court determines the person                            
15       is indigent. For costs of imprisonment that are not paid by the person as required by                             
16       this subsection, the state shall seek reimbursement from the person's permanent fund                              
17       dividend as provided under AS 43.23.065. While at the community residential center                                
18       or other appropriate place, a person sentenced under (b)(1)(A) of this section shall                              
19       perform at least 24 hours of community service work. A person sentenced under                                     
20       (b)(1)(B) of this section shall perform at least 160 hours of community service work,                             
21       as required by the director of the community residential center or other appropriate                              
22       place, or as required by the commissioner of corrections if the sentence is being served                          
23       at a private residence. In this subsection, "appropriate place" means a facility with 24-                         
24       hour on-site staff supervision that is specifically adapted to provide a residence, and                           
25       includes a correctional center, residential treatment facility, hospital, halfway house,                          
26       group home, work farm, work camp, or other place that provides varying levels of                                  
27       restriction.                                                                                                      
28    * Sec. 28. AS 33.05.020 is amended by adding a new subsection to read:                                             
29            (f)  The commissioner shall establish a program for offenders on probation for                               
30       a felony offense who have conditions of probation that include not consuming                                      
31       controlled substances or alcoholic beverages and who have been identified as being at                             
01       moderate to high risk as identified by a risk-needs assessment. The commissioner shall                            
02       adopt regulations to implement the program. The program shall                                                     
03                 (1)  include random testing for controlled substances and alcoholic                                     
04       beverage use;                                                                                                     
05                 (2)  require that the probation officer file a petition with the court                                  
06       seeking appropriate sanctions by the close of the next business day if a probationer                              
07                      (A)  fails to appear for an appointment as directed by the                                         
08            probation officer; or                                                                                        
09                      (B)  tests positive for the use of controlled substances, inhalants,                               
10            or alcoholic beverages; and                                                                                  
11                 (3)  include a means to notify the court, by the close of the next                                      
12       business day, that a petition to revoke probation has been filed on a probationer placed                          
13       in the program by the commissioner so that the court may review the petition,                                     
14       schedule a prompt hearing, address a request for a warrant provided by the probation                              
15       officer, or take other action the court considers appropriate.                                                    
16    * Sec. 29. AS 33.16.060 is amended by adding a new subsection to read:                                             
17            (c)  The board shall establish a program for a parolee who has conditions of                                 
18       parole that include not consuming controlled substances or alcoholic beverages and                                
19       who has been identified as being at moderate to high risk as identified by a risk-needs                           
20       assessment. The program must                                                                                      
21                 (1)  include random testing for controlled substance and alcoholic                                      
22       beverage use;                                                                                                     
23                 (2)  require that a parole officer file a parole violation report by the                                
24       close of the next business day if a parolee                                                                       
25                      (A)  fails to appear for an appointment as directed by the parole                                  
26            officer; or                                                                                                  
27                      (B)  tests positive for the use of controlled substances or                                        
28            alcoholic beverages; and                                                                                     
29                 (3)  include a means to notify the board by the close of the next                                       
30       business day that a parole violation report has been filed on a parolee placed in the                             
31       program by the board.                                                                                             
01    * Sec. 30. AS 33.16.150(b) is amended to read:                                                                     
02            (b)  The board may require as a condition of special medical, discretionary, or                              
03       mandatory parole, or a member of the board acting for the board under (e) of this                                 
04       section may require as a condition of mandatory parole, that a prisoner released on                               
05       parole                                                                                                            
06                 (1)  not possess or control a defensive weapon, a deadly weapon other                                   
07       than an ordinary pocket knife with a blade three inches or less in length, or                                     
08       ammunition for a firearm, or reside in a residence where there is a firearm capable of                            
09       being concealed on one's person or a prohibited weapon; in this paragraph, "deadly                                
10       weapon," "defensive weapon," and "firearm" have the meanings given in                                             
11       AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200;                                      
12                 (2)  refrain from possessing or consuming alcoholic beverages;                                          
13                 (3)  submit to reasonable searches and seizures by a parole officer, or a                               
14       peace officer acting under the direction of a parole officer;                                                     
15                 (4)  submit to appropriate medical, mental health, or controlled                                        
16       substance or alcohol examination, treatment, or counseling;                                                       
17                 (5)  submit to periodic examinations designed to detect the use of                                      
18       alcohol or controlled substances; the periodic examinations may include testing                               
19       under the program established under AS 33.16.060(c);                                                          
20                 (6)  make restitution ordered by the court according to a schedule                                      
21       established by the board;                                                                                         
22                 (7)  refrain from opening, maintaining, or using a checking account or                                  
23       charge account;                                                                                                   
24                 (8)  refrain from entering into a contract other than a prenuptial contract                             
25       or a marriage contract;                                                                                           
26                 (9)  refrain from operating a motor vehicle;                                                            
27                 (10)  refrain from entering an establishment where alcoholic beverages                                  
28       are served, sold, or otherwise dispensed;                                                                         
29                 (11)  refrain from participating in any other activity or conduct                                       
30       reasonably related to the parolee's offense, prior record, behavior or prior behavior,                            
31       current circumstances, or perceived risk to the community, or from associating with                               
01       any other person that the board determines is reasonably likely to diminish the                                   
02       rehabilitative goals of parole, or that may endanger the public; in the case of special                           
03       medical parole, for a prisoner diagnosed with a communicable disease, comply with                                 
04       conditions set by the board designed to prevent the transmission of the disease.                                  
05    * Sec. 31. AS 33.30.011 is amended to read:                                                                        
06            Sec. 33.30.011. Duties of commissioner. The commissioner shall                                             
07                 (1)  establish, maintain, operate, and control correctional facilities                                  
08       suitable for the custody, care, and discipline of persons charged or convicted of                                 
09       offenses against the state or held under authority of state law; each correctional facility                       
10       operated by the state shall be established, maintained, operated, and controlled in a                             
11       manner that is consistent with AS 33.30.015;                                                                      
12                 (2)  classify prisoners;                                                                                
13                 (3)  for persons committed to the custody of the commissioner,                                          
14       establish programs, including furlough programs that are reasonably calculated to                                 
15                      (A)  protect the public and the victims of crimes committed by                                     
16            prisoners;                                                                                                   
17                      (B)  maintain health;                                                                              
18                      (C)  create or improve occupational skills;                                                        
19                      (D)  enhance educational qualifications;                                                           
20                      (E)  support court-ordered restitution; and                                                        
21                      (F)  otherwise provide for the rehabilitation and reformation of                                   
22            prisoners, facilitating their reintegration into society;                                                    
23                 (4)  provide necessary                                                                                  
24                      (A)  medical services for prisoners in correctional facilities or                                  
25            who are committed by a court to the custody of the commissioner, including                                   
26            examinations for communicable and infectious diseases;                                                       
27                      (B)  psychological or psychiatric treatment if a physician or                                      
28            other health care provider, exercising ordinary skill and care at the time of                                
29            observation, concludes that                                                                                  
30                           (i)  a prisoner exhibits symptoms of a serious disease or                                     
31                 injury that is curable or may be substantially alleviated; and                                          
01                           (ii)  the potential for harm to the prisoner by reason of                                     
02                 delay or denial of care is substantial; and                                                         
03                      (C)  assessment or screening of the risks and needs of                                         
04            offenders who may be vulnerable to harm, exploitation, or recidivism as a                                
05            result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or                                    
06            another brain-based disorder;                                                                            
07                 (5)  establish minimum standards for sex offender treatment programs                                    
08       offered to persons who are committed to the custody of the commissioner; [AND]                                    
09                 (6)  provide for fingerprinting in correctional facilities in accordance                                
10       with AS 12.80.060; and                                                                                        
11                 (7)  establish a program to conduct assessments of the risks and                                    
12       needs of offenders sentenced to serve a term of incarceration of 30 days or more                              
13       and provide to the legislature, by electronic means, by January 15, 2017, and                                 
14       thereafter by January 15, preceding the first regular session of each legislature, a                          
15       report summarizing the findings and results of the program.                                                 
16    * Sec. 32. AS 44.19 is amended by adding new sections to read:                                                     
17                 Article 6. Alaska Criminal Justice Commission.                                                        
18            Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice                                        
19       Commission is established in the Office of the Governor.                                                          
20            Sec. 44.19.642. Membership; staff. (a) The commission consists of 13                                       
21       members as follows:                                                                                               
22                 (1)  the chief justice of the Alaska Supreme Court or another active or                                 
23       retired justice of the supreme court or an active or retired judge of the court of appeals                        
24       designated by the chief justice;                                                                                  
25                 (2)  an active or retired superior court judge designated by the chief                                  
26       justice for a three-year term;                                                                                    
27                 (3)  an active or retired district court judge designated by the chief                                  
28       justice for a three-year term;                                                                                    
29                 (4)  a member of the Alaska Native community designated by the                                          
30       Alaska Native Justice Center for a three-year term;                                                               
31                 (5)  the attorney general or a designee of the attorney general;                                        
01                 (6)  the public defender or a designee of the public defender;                                          
02                 (7)  the commissioner of corrections or the commissioner's designee;                                    
03                 (8)  the commissioner of public safety or the commissioner's designee;                                  
04                 (9)  the chief executive officer of the Alaska Mental Health Trust                                      
05       Authority or the chief executive officer's designee for a three-year term;                                        
06                 (10)  an active duty member of a municipal law enforcement agency                                       
07       appointed by the governor for a three-year term;                                                                  
08                 (11)  one victims' rights advocate appointed by the governor for a three-                               
09       year term;                                                                                                        
10                 (12)  one nonvoting member, serving ex officio, who is a member of                                      
11       the senate appointed by the president of the senate; and                                                          
12                 (13)  one nonvoting member, serving ex officio, who is a member of                                      
13       the house of representatives appointed by the speaker of the house of representatives.                            
14            (b)  A member appointed under (a)(10) or (11) of this section serves at the                                  
15       pleasure of the governor and may be reappointed.                                                                  
16            (c)  The commission shall, by majority vote of the membership, elect a chair                                 
17       and other officers it considers necessary from among its membership to serve on a                                 
18       yearly basis.                                                                                                     
19            (d)  The Alaska Judicial Council shall provide staff and administrative support                              
20       to the commission.                                                                                                
21            Sec. 44.19.643. Compensation. Members of the commission serve without                                      
22       compensation but are entitled to per diem and travel expenses authorized for boards                               
23       and commissions under AS 39.20.180.                                                                               
24            Sec. 44.19.644. Meetings. A majority of the members constitutes a quorum for                               
25       conducting business and exercising the powers of the commission. The commission                                   
26       shall meet at least quarterly, at the call of the chair, at the request of the majority of the                    
27       members, or at a regularly scheduled time as determined by a majority of the                                      
28       members. The commission shall keep a record of its proceedings and make these                                     
29       records available for public inspection.                                                                          
30            Sec. 44.19.645. Powers and duties of the commission. (a) The commission                                    
31       shall evaluate the effect of sentencing laws and criminal justice practices on the                                
01       criminal justice system to evaluate whether those sentencing laws and criminal justice                            
02       practices provide for protection of the public, community condemnation of the                                     
03       offender, the rights of victims of crimes, the rights of the accused and the person                               
04       convicted, restitution from the offender, and the principle of reformation. The                                   
05       commission shall make recommendations for improving criminal sentencing practices                                 
06       and criminal justice practices, including rehabilitation and restitution. In formulating                          
07       its recommendations, the commission shall consider                                                                
08                 (1)  statutes, court rules, and court decisions relevant to sentencing of                               
09       criminal defendants in misdemeanor and felony cases;                                                              
10                 (2)  sentencing practices of the judiciary, including use of presumptive                                
11       sentences;                                                                                                        
12                 (3)  means of promoting uniformity, proportionality, and accountability                                 
13       in sentencing;                                                                                                    
14                 (4)  alternatives to traditional forms of incarceration;                                                
15                 (5)  the efficacy of parole and probation in ensuring public safety,                                    
16       achieving rehabilitation, and reducing recidivism;                                                                
17                 (6)  the adequacy, availability, and effectiveness of treatment and                                     
18       rehabilitation programs;                                                                                          
19                 (7)  crime and incarceration rates, including the rate of violent crime                                 
20       and the abuse of controlled substances, in this state compared to other states, and best                          
21       practices adopted by other states that have proven to be successful in reducing                                   
22       recidivism;                                                                                                       
23                 (8)  the relationship between sentencing priorities and correctional                                    
24       resources;                                                                                                        
25                 (9)  the effectiveness of the state's current methodologies for the                                     
26       collection and dissemination of criminal justice data; and                                                        
27                 (10)  whether the schedules for controlled substances in AS 11.71.140 -                                 
28       11.71.190 are reasonable and appropriate, considering the criteria established in                                 
29       AS 11.71.120(c).                                                                                                  
30            (b)  The commission may                                                                                      
31                 (1)  recommend legislative and administrative action on criminal justice                                
01       practices; and                                                                                                    
02                 (2)  select and retain the services of consultants as necessary.                                        
03            Sec. 44.19.646. Methodology. In making recommendations, the commission                                     
04       shall                                                                                                             
05                 (1)  solicit and consider information and views from a variety of                                       
06       constituencies to represent the broad spectrum of views that exist with respect to                                
07       possible approaches to sentencing and administration of justice in the state; and                                 
08                 (2)  base recommendations on the following factors:                                                     
09                      (A)  the seriousness of each offense in relation to other offenses;                                
10                      (B)  the effect of an offender's prior criminal history on                                         
11            sentencing;                                                                                                  
12                      (C)  the need to rehabilitate criminal offenders;                                                  
13                      (D)  the need to confine offenders to prevent harm to the public;                                  
14                      (E)  the extent to which criminal offenses harm victims and                                        
15            endanger the public safety and order;                                                                        
16                      (F)  the effect of sentencing in deterring an offender or other                                    
17            members of society from future criminal conduct;                                                             
18                      (G)  the effect of sentencing as a community condemnation of                                       
19            criminal acts and as a reaffirmation of societal norms;                                                      
20                      (H)  the elimination of unjustified disparity in sentences;                                        
21                      (I)  the sufficiency of state agency resources to administer the                                   
22            criminal justice system of the state;                                                                        
23                      (J)  the effect of criminal justice laws and practices on reducing                                 
24            the rate of recidivism in the state;                                                                         
25                      (K)  peer reviewed and data-driven research; and                                                   
26                      (L)  the efficacy of evidence-based restorative justice initiatives                                
27            on persons convicted of criminal violations and offenses, the victim, and the                                
28            community.                                                                                                   
29            Sec. 44.19.647. Annual report and recommendations. The commission shall                                    
30       submit to the governor and the legislature an annual report of its proceedings for the                            
31       previous calendar year and may submit recommendations for legislative and                                         
01       administrative action. Reports and recommendations provided under this section shall                              
02       be submitted not later than February 1 of each year.                                                              
03            Sec. 44.19.649. Definition. In AS 44.19.641 - 44.19.649, "commission" means                                
04       the Alaska Criminal Justice Commission.                                                                           
05    * Sec. 33. AS 44.66.010(a) is amended by adding a new paragraph to read:                                           
06                 (10)  Alaska Criminal Justice Commission (AS 44.19.641) - June 30,                                      
07       2017.                                                                                                             
08    * Sec. 34. AS 47 is amended by adding a new chapter to read:                                                       
09             Chapter 38. Alcohol and Substance Abuse Accountability.                                                   
10 Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released                                  
11                         on Bail or on Probation.                                                                      
12            Sec. 47.38.010. Cooperation with the Department of Corrections. The                                        
13       department shall cooperate with the Department of Corrections in establishing and                                 
14       conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                
15       abusers, and inhalant abusers who are on conditions of release as provided in                                     
16       AS 12.30 or on probation.                                                                                         
17            Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The                                    
18       commissioner, in cooperation with the commissioner of corrections, shall establish a                              
19       program for certain persons with release conditions ordered as provided under                                     
20       AS 12.30, or offenders with conditions of probation, that include not consuming                                   
21       controlled substances or alcoholic beverages.                                                                     
22            (b)  The commissioner shall adopt regulations to implement the program.                                      
23            (c)  The commissioner shall include in the program                                                           
24                 (1)  a requirement for twice-a-day testing, in person if practicable, for                               
25       alcoholic beverage use and random testing for controlled substances;                                              
26                 (2)  a means to provide the probation officer, prosecutor's office, or                                  
27       local law enforcement agency with notice within 24 hours, so that a complaint may be                              
28       filed alleging a violation of AS 11.56.757, a petition may be filed with the court                                
29       seeking appropriate sanctions and may be scheduled by the court for a prompt hearing,                             
30       or an arrest warrant may be issued for the person on release or offender with                                     
31       conditions of probation provided in this subsection, if the person or offender                                    
01                      (A)  fails to appear for an appointment as required by the                                         
02            program requirements; or                                                                                     
03                      (B)  tests positive for the use of controlled substances or                                        
04            alcoholic beverages; and                                                                                     
05                 (3)  a requirement that the person or offender pay, based on the person's                               
06       or offender's ability under financial guidelines established by the commissioner, for                             
07       the cost of participating in the program.                                                                         
08            (d)  The department shall provide or conduct the testing required under (c) of                               
09       this section.                                                                                                     
10                   Article 2. Recidivism Reduction Program.                                                            
11            Sec. 47.38.100. Recidivism reduction program. (a) The recidivism reduction                                 
12       program is established to promote the rehabilitation through transitional re-entry                                
13       programs of persons incarcerated for offenses and recently released from correctional                             
14       facilities.                                                                                                       
15            (b)  The commissioner, in cooperation with the commissioner of corrections,                                  
16       may provide for programs that have, as a primary focus, rehabilitation and reduction                              
17       of recidivism through transitional re-entry for persons incarcerated for offenses and                             
18       recently released from correctional facilities. The commissioner may enter into                                   
19       contracts to provide for programs under this section. A program under this section                                
20       must                                                                                                              
21                 (1)  include case management;                                                                           
22                 (2)  require sober living;                                                                              
23                 (3)  provide, on-site or by referral, treatment for substance abuse or                                  
24       mental health treatment;                                                                                          
25                 (4)  require employment, educational programming, vocational                                            
26       training, or community volunteer work as approved by the director of the treatment                                
27       program; and                                                                                                      
28                 (5)  limit residential placements in the program to a maximum of one                                    
29       year.                                                                                                             
30            (c)  The commissioner and the commissioner of corrections shall prepare a                                    
31       joint annual report on the program provided under (a) of this section, and notify the                             
01       legislature on or before January 15 of each year that the report is available. The report                         
02       must include an analysis of the program's effects on recidivism for program                                       
03       participants.                                                                                                     
04                       Article 3. General Provisions.                                                                  
05            Sec. 47.38.199. Definitions. In this chapter,                                                              
06                 (1)  "commissioner" means the commissioner of health and social                                         
07       services;                                                                                                         
08                 (2)  "department" means the Department of Health and Social Services.                                   
09    * Sec. 35. AS 22.20.210 is repealed June 30, 2017.                                                                 
10    * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to                         
11 read:                                                                                                                   
12       APPLICABILITY. (a) AS 11.41.320(a), as amended by sec. 1 of this Act,                                             
13 AS 11.41.330(a), as amended by sec. 2 of this Act, AS 11.41.330(b), as amended by sec. 3 of                             
14 this Act, AS 11.46.130(a), as amended by sec. 4 of this Act, AS 11.46.140(a), as amended by                             
15 sec. 5 of this Act, AS 11.46.150(a), as amended by sec. 6 of this Act, AS 11.46.220(c), as                              
16 amended by sec. 7 of this Act, AS 11.46.260(b), as amended by sec. 8 of this Act,                                       
17 AS 11.46.270(b), as amended by sec. 9 of this Act, AS 11.46.280(d), as amended by sec. 10                               
18 of this Act, AS 11.46.285(b), as amended by sec. 11 of this Act, AS 11.46.295, as amended                               
19 by sec. 12 of this Act, AS 11.46.360(a), as amended by sec. 13 of this Act, AS 11.46.482(a),                            
20 as amended by sec. 14 of this Act, AS 11.46.484(a), as amended by sec. 15 of this Act,                                  
21 AS 11.46.486(a), as amended by sec. 16 of this Act, AS 11.46.530(b), as amended by sec. 17                              
22 of this Act, AS 11.46.620(d), as amended by sec. 18 of this Act, AS 11.46.730(c), as amended                            
23 by sec. 19 of this Act, AS 12.30.011(b), as amended by sec. 20 of this Act, AS 12.30.016(b),                            
24 as amended by sec. 21 of this Act, AS 12.30.016(c), as amended by sec. 22 of this Act,                                  
25 AS 12.55.027(c), as amended by sec. 23 of this Act, and AS 12.55.100(a), as amended by sec.                             
26 24 of this Act, apply to offenses occurring on or after the effective date of secs. 1 - 30 and 32 -                     
27 38 of this Act.                                                                                                         
28       (b)  The changes made to AS 28.35.030(k), as amended by sec. 27 of this Act,                                      
29 AS 33.05.020(f), enacted by sec. 28 of this Act, AS 33.16.060(c), enacted by sec. 29 of this                            
30 Act, AS 33.16.150(b), as amended by sec. 30 of this Act, and AS 47.38.020, enacted by sec.                              
31 34 of this Act, apply to convictions occurring before, on, or after the effective date of secs. 1 -                     
01 30 and 32 - 38 of this Act for offenses occurring before, on, or after the effective date of secs.                      
02 1 - 30 and 32 - 38 of this Act.                                                                                         
03       (c)  AS 12.55.155(d)(20), as amended by sec. 25 of this Act, applies to prosecutions                              
04 occurring on or after the effective date of sec. 25 of this Act for offenses occurring before, on,                      
05 or after the effective date of sec. 25 of this Act.                                                                     
06    * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE COMMISSION. The                                                         
09 Alaska Criminal Justice Commission shall submit to the governor and the legislature a special                           
10 report, not later than July 1, 2017, regarding alcohol-related offenses in AS 28. The report                            
11 must include recommendations on                                                                                         
12            (1)  whether a revision of the alcohol-related offenses in AS 28 is necessary;                               
13            (2)  maintaining both the administrative and court license revocation processes;                             
14            (3)  the effectiveness of ignition interlock devices in reducing the offenses of                             
15 driving while under the influence of an alcoholic beverage, inhalant, or controlled substance                           
16 and refusal to submit to a chemical test, and reducing recidivism;                                                      
17            (4)  whether the punishment, fines, and associated driver's license revocation                               
18 periods for the offenses of driving while under the influence of an alcoholic beverage,                                 
19 inhalant, or controlled substance and refusal to submit to a chemical test should be decreased                          
20 or increased;                                                                                                           
21            (5)  the effectiveness of programs that promote offender accountability,                                     
22 emphasize swift and certain, yet measured, punishment, reduce recidivism, and maximize the                              
23 offender's ability to remain productive in society;                                                                     
24            (6)  whether limited licenses should be available for persons charged with or                                
25 convicted of the offenses of driving while under the influence of an alcoholic beverage,                                
26 inhalant, or controlled substance or refusal to submit to a chemical test, while providing for                          
27 public safety.                                                                                                          
28    * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       TRANSITIONAL PROVISIONS. The initial designations and appointments to the                                         
31 Alaska Criminal Justice Commission under AS 44.19.642, added by sec. 32 of this Act, shall                              
01 be made not later than June 30, 2014. Notwithstanding AS 44.19.647, added by sec. 32 of this                            
02 Act, the commission shall submit its first report to the governor and the legislature not later                         
03 than February 1, 2016.                                                                                                  
04    * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       TRANSITIONAL PROVISIONS: REGULATIONS. (a) The Department of                                                       
07 Corrections may adopt regulations necessary to implement AS 33.05.020(f), added by sec. 28                              
08 of this Act.                                                                                                            
09       (b)  The board of parole may adopt regulations necessary to implement                                             
10 AS 33.16.060(c), added by sec. 29 of this Act, and AS 33.16.150(b), as amended by sec. 30 of                            
11 this Act.                                                                                                               
12       (c)  The Department of Health and Social Services may adopt regulations necessary to                              
13 implement AS 47.38.010 - 47.38.199, added by sec. 34 of this Act.                                                       
14       (d)  The regulations adopted under (a) - (c) of this section take effect under AS 44.62                           
15 (Administrative Procedure Act), but not before July 1, 2014.                                                            
16    * Sec. 40. Section 31 of this Act takes effect January 1, 2016.                                                    
17    * Sec. 41. Section 39 of this Act takes effect immediately under AS 01.10.070(c).                                  
18    * Sec. 42. Sections 1 - 30 and 32 - 38 of this Act take effect July 1, 2014.                                     
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