HB 312 — An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community if the person has a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date.

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"AnRelating Act relating to scheduled substances;

and providing for an effective date."date. SENATE CS FOR HOUSE BILL NO.

312(RLS)00Enrolled amHB S312 01 "AnRelating Act relating to scheduled substances;

relating to the Controlled Substances 02 Advisory Committee;

02 authorizing the attorney general to schedule substances by 03 emergency regulation or repeal an 03 emergency regulation that scheduled a substance;

04 relating to arrest without a warrant for 04 assault in the fourth degree at a health care 05 facility;

relating to detaining a person for up to 48 05 hours for the prosecuting authority to 06 demonstrate that release of the person would not 06 reasonably ensure the appearance of 07 the person or will pose a danger to the victim, other 07 persons, or the community if the 08 person has a criminal conviction or charge outside the state;

08 relating to conditions of 09 release for a person who is represented by an attorney or has a 09 criminal conviction or 10 charge outside the state;

relating to factors the court is required to 10 consider when 11 determining the conditions of release before trial;

relating to the surcharge 11 imposed for 12 violation of state or municipal law;

relating to an aggravating factor at sentencing for a 13 felony offense against a medical professional at a health care facility;

amending the 02 authority of pretrial services officers to make a warrantless arrest or request the court 02 to issue 03 a warrant for arrest;

providing that pretrial services, probation, and parole 03 officers may 04 perform duties relating to pretrial services, probation, and parole;

04 amending Rule 41, Alaska 05 Rules of Criminal Procedure;

providing for an effective date 05 by amending the effective date 06 of sec.

and providing for an 06 effective date."date. 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

07 _______________ 08 * Section 1.

27 (b) In determining whether to schedule a substance on an emergency basis, or 28 repeal an emergency regulation that scheduled a substance, the attorney general shall 29 (1) assess the degree of danger or probable danger of the substance by 30 considering the 31 (A) the actual or probable abuse of the substance including the (i) history and current pattern of abuse;

and 06 (B) the risk to public health;

12 (b) A person charged with a misdemeanor that does not include an offense 13 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense 14 as defined in AS 12.63.100, or a crime involving domestic violence as defined in 15 AS 18.66.990 and who is assessed by a pretrial services officer as 16 [(1)] low, [TO] moderate, or [RISK SHALL BE RELEASED ON THE 17 THE PERSON'S OWN RECOGNIZANCE OR UPON EXECUTION OF AN 18 UNSECURED APPEARANCE BOND OR UNSECURED PERFORMANCE BOND;

in this paragraphparagraph, 20 (A) "health care facility" has the meaning given in 21 AS 18.07.111;

AS 33.07.030(g) is amended by to read:

An officer appointed by the commissioner under AS 33.05.020(a), AS 33.07, 20 or under[UNDER] this chapter, may discharge duties under AS 33.05, AS 33.07, or this 21 chapter.

2122 * Sec.

2223 (j) The attorney general may by regulation schedule a substance on an 2324 emergency basis as provided in AS 11.71.125 and AS 44.62 (Administrative 2425 Procedure Act).

2526 * Sec.

2627 (a) The lieutenant governor shall develop and supervise the Alaska Online 2728 Public Notice System, to be maintained on the state's site on the Internet.

The 2829 lieutenant governor shall prescribe the form of notices posted on the system by state 2930 agencies.

The Alaska Online Public Notice System must include 3031 (1) notices of proposed actions given under AS 44.62.190(a);

31 (2) notices of state agency meetings required under AS 44.62.310(e), 02 even if the meeting has been held;

0203 (3) notices of solicitations to bid issued under AS 36.30.130;

0304 (4) notices of state agency requests for proposals issued under 0405 AS 18.55.255, 18.55.320;

and 0506 AS 43.40.010;

0607 (5) executive orders and administrative orders issued by the governor;

0708 (6) written delegations of authority made by the governor or the head 0809 of a principal department under AS 44.17.010;

0910 (7) the text or a summary of the text of a regulation or order of repeal 1011 of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a), 1112 including an emergency regulation or repeal regardless of whether it has taken effect;

1213 (8) notices required by AS 44.62.245(b) regarding an amended version 1314 of a document or other material incorporated by reference in a regulation;

1415 (9) a summary of the text of recently issued published opinions of the 1516 attorney general;

1617 (10) a list of vacancies on boards, commissions, and other bodies 1718 whose members are appointed by the governor;