SB 33 — An Act relating to pretrial release; relating to sentencing; relating to treatment program credit toward service of a sentence of imprisonment; relating to electronic monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date.

21 * Sec.

0322 (i) The commissioner shall appoint and make available to the superior court 0423 and district court qualified pretrial services officers under AS 33.05.040(11) and 0524 assign pretrial services officers to each judicial district for the supervision of 0625 defendants released while awaiting trial as ordered by the court.

0726 (j) The commissioner may, in accordance with AS 36.30, procure and enter 0827 into agreements or contracts for the supervision of defendants on electronic 0928 monitoring during the pretrial period.

1029 * Sec.

AS 33.05.030(a) is amended by adding a new subsection to read:

1130 (a) All probation officers made available to the courts under this chapter shall 1231 be officers of the superior and district courts [COURT] and subject to the authority 13 of the superior and district courts [COURT].

1402 * Sec.

AS 33.05.040(a)33.05.040 is amended to read:

1503 (a)Sec. A probation officer shall 16 (1) furnish to each probationer under the supervision of the officer a 17 written statement of the conditions of probation and shall instruct the probationer 18 regarding the same;

1933.05.040. (2) keep informed concerning the conduct and condition of each 20 probationer under the supervision of the officer and shall report on the probationer to 21 the court placing that person on probation;

22Duties (3)of useprobation allofficers. suitable methods, not inconsistent with the conditions 23 imposed by the court, to aid probationers and to bring about improvements in their 24 conduct and condition;

25A (4) keep records of the probation work, including administrative 26 sanctions and incentives the probation officer imposesshall under04 AS(1) 33.05.020(g),furnish keepto 27each accurateprobationer and complete accounts of all money collected from persons under the 28 supervision of the officer,officer givea receipts05 forwritten moneystatement collected and make at least monthly 29 returns of it, make the reportsconditions toof theprobation court and theshall commissionerinstruct requiredthe byprobationer them,06 andregarding 30 perform other duties the courtsame; may direct;

3107 (5)(2) performkeep dutiesinformed withconcerning respectthe toconduct personsand oncondition paroleof aseach 08 probationer under the commissionersupervision shallof request,the officer and inshall thatreport serviceon shallthe beprobationer termedto a09 parolethe officer;court placing that person on probation;

0210 (6)(3) use administrativeall sanctionssuitable andmethods, incentivesnot developedinconsistent underwith 03the ASconditions 33.05.020(g)11 toimposed respondby tothe acourt, probationer's negative and positive behavior, 04 including responses to technicalaid violationsprobationers ofand conditions of probation, in a way that is 05 intended to interruptbring negativeabout behaviorimprovements in atheir swift,12 certain,conduct and proportionalcondition; manner 06 and support progress with a recognition of positive behavior;

0713 (7)(4) uponkeep determiningrecords thatof athe probationerprobation work, including administrative 14 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 15 accurate and complete accounts of all money collected from persons under the 16 supervision of the 08officer, officergive meetsreceipts thefor requirementsmoney ofcollected ASand 12.55.090(g),make recommendat toleast themonthly court17 asreturns soonof asit, 09make practicablethe thatreports probationto bethe terminatedcourt and the probationercommissioner berequired dischargedby fromthem, 10and probation;18 perform other duties the court may direct;

1119 (8)(5) forperform eachduties probationerwith whorespect owesto restitutionpersons andon whoparole isas under the 1220 supervisioncommissioner ofshall therequest, officer, create a restitution payment schedule based on the 13 probationer's income and abilityin tothat payservice ifshall thebe courttermed has not already set a restitutionparole 14officer; payment schedule;

1521 (9)(6) accommodateuse theadministrative diligentsanctions effortsand ofincentives eachdeveloped probationerunder 22 AS 33.05.020(g) to securerespond to a probationer's negative and 16positive maintainbehavior, steady23 employmentincluding orresponses to participatetechnical violations of conditions of probation, in educationala coursesway orthat trainingis 1724 programsintended whento prescribinginterrupt thenegative timesbehavior atin whicha swift, certain, and proportional manner 25 and support progress with a probationerrecognition shallof report;positive behavior;

1826 (10)(7) permitupon eachdetermining probationerthat toa travelprobationer inunder the statesupervision toof makethe diligent27 19officer effortsmeets tothe securerequirements andof maintainAS steady12.55.090(g), employmentrecommend or to participatethe incourt educationalas 20soon coursesas or28 trainingpracticable programsthat ifprobation thebe travelterminated isand notthe inconsistentprobationer withbe otherdischarged termsfrom and29 21 conditions of probation;

2230 (11)(8) performfor dutieseach withprobationer respectwho toowes personsrestitution and who is under the 31 supervision of the officer, create a restitution payment schedule based on pretrialthe releaseprobationer's asincome 23and ability to pay if the commissionercourt requests;has not already set a restitution 02 payment schedule;

in03 that(9) service,accommodate the probationdiligent officerefforts shallof beeach 24probationer consideredto secure and 04 maintain steady employment or to beparticipate actingin aseducational acourses pretrialor servicestraining officer05 forprograms when prescribing the purposestimes ofat 25which ASa 33.05.045.probationer shall report;

2606 *(10) Sec.permit each probationer to travel in the state to make diligent 07 efforts to secure and maintain steady employment or to participate in educational 08 courses or training programs if the travel is not inconsistent with other terms and 09 conditions of probation;

10 (11) perform duties with respect to persons on pretrial release as 11 the commissioner shall request, and in that service shall be termed a pretrial 12 services officer.

13 * Sec.

2714 Sec.

Duties of probation officers when acting as pretrial services 2815 officers.

A probation officer acting as a pretrial services officer shall 2916 (1) upon order of the court and request by the commissioner, supervise 3017 a defendant released while awaiting trial,trial whichthat may include the supervisionuse of 31 electronic 18 monitoring;

19 (2) if the probation officer acting as a pretrial services officer has 0220 probable cause to believe the defendant has committed an offense under AS 11.56.730 0321 or 11.56.757 or has violated the defendant's release conditions, file a complaint with 0422 the court and 0523 (A) arrest, with or without a warrant, a defendant who has been 0624 released while awaiting trial;

or 0725 (B) request the court to issue a warrant related to any violation 0826 of the defendant's release conditions;

0927 (3) refer interested defendants for substance abuse screening, 1028 assessment, and treatment on a voluntary basis and assist any defendant whose offense 1129 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 1230 controlled substances with accessing and obtaining appropriate treatment in the 1331 community to address those needs.

14 * Sec.

1502 Sec.

Authority of parole [, PRETRIAL SERVICES,] and 1603 probation officers.

An officer appointed by the commissioner under AS 33.05.020(a) 1704 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or 1805 this chapter.

1906 * Sec.

2007 (g) The Department of Corrections shall report quarterly to the working group 2108 authorized in (b)(3) of this section.

2209 (1) data on pretrial decision making and outcomes, including 2310 information on pretrial detainees admitted for a new criminal charge;

detainees 2411 released at any point before case resolution;

time spent detained before first release or 2512 case resolution [;[PRETRIAL DEFENDANT RISK LEVEL AND CHARGE;

13 PRETRIAL DEFENDANTRELEASE RISKRECOMMENDATIONS LEVELMADE ANDBY CHARGE;PRETRIAL SERVICES 14 OFFICERS];

26pretrial PRETRIALconditions RELEASEimposed RECOMMENDATIONSon MADEpretrial BYdetainees PRETRIALby SERVICESjudicial 27officers, OFFICERS];15 including amount of bail, and supervision conditions;

pretrialand conditionsinformation imposed on pretrial detainees16 byoutcomes, judicialincluding officers,whether 28or includingnot amountthe ofdefendant bail,appeared andin supervisioncourt conditions;or was re-arrested 17 during the pretrial period;

and18 information(2) data on pretrialoffenders 29admitted outcomes,to includingthe whetherDepartment orof notCorrections for a 19 new criminal conviction, including the defendantoffense appearedtype, innumber courtof orprior wasfelony re-arrested20 30convictions, duringsentence thelength, pretrialand period;length of stay;

3121 (2)(3) data on offendersthe admittedpopulation toof the Department of CorrectionsCorrections, forusing a new22 criminalone-day conviction,snapshot includingon the offensefirst type,day number of priorthe felonyfirst 02month convictions,of sentenceeach length,quarter, andbroken lengthdown by 23 type of stay;admission, offense type, and risk level;

0324 (3)(4) data on theoffenders populationon ofprobation supervised by the Department of 25 Corrections, usingincluding a 04 one-day snapshot on the firsttotal daynumber of theoffenders firstsupervised monthusing ofa eachone-day quarter,26 brokensnapshot downon bythe 05first typemonth of admission,each offensequarter; type, and risk level;

06 (4) data on offenders on probation supervised by the Department of 07 Corrections, including the total number of offenders supervised using a one-day 08 snapshot on the first month of each quarter;

assignments to a 0927 program under AS 33.05.020(f);

time served on the 1028 sentence;

whether probation was successfully completed, any new convictions for a 1129 felony offense, and any sentences to a term of imprisonment while on probation;

1230 (5) data on parole, including the number of offenders supervised on 1331 parole, using a one-day snapshot on the first month of each quarter;

the number of 14 parole hearings;

the parole grant rate and number of parolees released on discretionary 1502 and special medical parole;

and information on parolees, including time spent on 1603 parole, whether parole was successfully completed, any new convictions for a new 1704 felony offense, and any sentences to a term of imprisonment while on parole;

1805 (6) data on the implementation of policies from the 2015 justice 1906 reinvestment report, including the number and percentage of offenders who earn 2007 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 2108 and the total amount of credits earned;

the average number of sanctions issued under 2209 AS 33.05.020(g) before a petition to revoke probation or parole is filed;

and the most 2310 common violations of probation or parole;

and 2411 (7) data on probation and parole revocations, including information on 2512 probationers and parolees admitted for a supervision violation pre-case and post-case 2613 resolution;

2714 probationers and parolees admitted for a new arrest;

the number of previous 2815 revocations on the current sentence, if any;

2916 the length of time to case resolution;

3017 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 3118 read:

19 DIRECT COURT RULE AMENDMENT.

Rule 38.2(a), Alaska Rules of 0220 Criminal Procedure, is amended to read:

0321 (a) The Administrative Director of the Alaska Court System, after consultation 0422 with the presiding judge, Public Defender Agency, and Attorney General's Office, 0523 may enter into agreements with the Department of Public Safety and Department of 0624 Corrections which approve systems allowing judges to provide for the appearance by a 0725 defendant at certain criminal proceedings by way of contemporaneous two-way 0826 video conference [TELEVISION] equipment in lieu of the physical presence of the 0927 defendant in the courtroom.

Such an agreement must provide for a procedure by which 1028 the defendant may confer with the defendant's attorney in private.

1129 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 1230 read:

1331 DIRECT COURT RULE AMENDMENT.

Rule 38.2(b), Alaska Rules of 14 Criminal Procedure, is amended to read:

1502 (b) In those court locations in which a contemporaneous two-way video 1603 conference [TELEVISION] system has been approved by the supreme court and has 1704 been installed, in custody defendants may [SHALL] appear by way of 1805 contemporaneous two-way video conference [TELEVISION] for all hearings 1906 except for trial and sentencings [ARRAIGNMENT, PLEAS, AND NON- 2007 EVIDENTIARY BAIL REVIEWS IN TRAFFIC AND MISDEMEANOR CASES;

2108 AND INITIAL APPEARANCE HEARINGS, NON-EVIDENTIARY BAIL 2209 REVIEWS, AND NOT GUILTY PLEA ARRAIGNMENTS IN FELONY CASES], 2310 unless otherwise ordered for cause stated by the presiding judge.

However, with 2411 [WITH] the defendant's consent, sentencings may be done by way of 2512 contemporaneous two-way video conference [TELEVISION] in traffic and 2613 misdemeanor cases.

2714 In any particular case, the trial court may order that the defendant be 2815 transported to court for court proceedings if the trial judge finds that the defendant's 2916 rights would be prejudiced by use of the system.

3017 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 3118 read:

19 DIRECT COURT RULE AMENDMENT.

Rule 45(d), Alaska Rules of 0220 Criminal Procedure, is amended to read:

0321 (d) Excluded Periods.

The following periods shall be excluded in computing 0422 the time for trial:

0523 (1) The period of delay resulting from other proceedings concerning 0624 the defendant, including but not limited to motions to dismiss or suppress, 0725 examinations and hearings on competency, the period during which the defendant is 0826 incompetent to stand trial, interlocutory appeals, and trial of other charges.

No pretrial 0927 motion shall be held under advisement for more than 30 days and any time longer than 1028 30 days shall not be considered as an excluded period.

1129 (2) The period of delay resulting from an adjournment or continuance 1230 granted at the timely request or with the consent of the defendant or [AND] the 1331 defendant's counsel.

The court shall grant such a continuance only if it is satisfied that 14 the postponement is in the interest of justice, taking into account the public interest in 1502 the prompt disposition of criminal offenses, and after consideration of the interests of 1603 the crime victim, if known, as provided in (h) of this rule.

A defendant without 1704 counsel shall not be deemed to have consented to a continuance unless the defendant 1805 has been advised by the court of the right to a speedy trial under this rule and of the 1906 effect of consent.

2007 (3) The period of delay resulting from a continuance granted at the 2108 timely request of the prosecution, if:

2209 (A) The continuance is granted because of the unavailability of 2310 evidence material to the state's case, when the prosecuting attorney has 2411 exercised due diligence to obtain such evidence and there are reasonable 2512 grounds to believe that such evidence will be available at the later date;

or 2613 (B) The continuance is granted to allow the prosecuting 2714 attorney in a felony case additional time to prepare the state's case and 2815 additional time is justified because of the exceptional complexity of the 2916 particular case.

3017 (4) The period of delay resulting from the absence or unavailability of 3118 the defendant.

A defendant should be considered absent whenever the defendant's 19 whereabouts are unknown and in addition the defendant is attempting to avoid 0220 apprehension or prosecution or the defendant's whereabouts cannot be determined by 0321 due diligence.

A defendant should be considered unavailable whenever the defendant's 0422 whereabouts are known but the defendant's presence for trial cannot be obtained or the 0523 defendant resists being returned to the state for trial.

0624 (5) A reasonable period of delay when the defendant is joined for trial 0725 with a codefendant as to whom the time for trial has not run and there is good cause 0826 for not granting a severance.

In all other cases, the defendant shall be granted a 0927 severance in order that the defendant may be tried within the time limits applicable to 1028 the defendant.

1129 (6) The period of delay resulting from detention of the defendant in 1230 another jurisdiction provided the prosecuting attorney has been diligent and has made 1331 reasonable efforts to obtain the presence of the defendant for trial.

When the 14 prosecution is unable to obtain the presence of the defendant in detention, and seeks to 1502 exclude the period of detention, the prosecution shall cause a detainer to be filed with 1603 the official having custody of the defendant and request the official to advise the 1704 defendant of the detainer and to inform the defendant of the defendant's rights under 1805 this rule.

1906 (7) Other periods of delay for good cause.

2007 * Sec.

AS 33.07.010, 33.07.020, 33.07.030, 33.07.040, and 33.07.090 2108 are repealed.

2209 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 2310 read:

2411 APPLICABILITY.

(a) The following sections apply to offenses committed on or after 2512 the effective date of those sections:

2613 (1) AS 12.25.150(a), as amended by sec.

2714 (2) AS 12.30.006(b), as amended by sec.

2815 (3) AS 12.30.006(c), as amended by sec.

2916 (4) AS 12.30.006(d), as amended by sec.

3017 (5) AS 12.30.006(f), as amended by sec.

3118 (6) AS 12.30.011, as repealed and reenacted by sec.

19 (7) AS 12.30.021(a), as amended by sec.

0220 (8) AS 12.30.021(c), as amended by sec.

0321 (9) AS 12.70.130, as amended by sec.

0422 (10) AS 33.05.010, as amended by sec.

0523 (11) AS 33.05.020(i) and (j), enacted by sec.

0624 (12) AS 33.05.030(a), as amended by sec.

0725 (13) AS 33.05.040, as amended by sec.

and 0826 (14) AS 33.05.045, enacted by sec.

0927 (b) The following sections apply to sentences imposed on or after the effective date of 1028 those sections for conduct occurring on or after the effective date of those sections:

1129 (1) AS 12.55.027(d), as amendedrepealed and reenacted by sec.

1230 (2) AS 12.55.027(e), as amended by sec.

13and 31 (3) AS 12.55.027(f),12.55.027(i), asenacted amended by sec.

12 of this Act;

and 14 (4) AS 12.55.027(i), enacted by sec.

15 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 1602 read:

1703 TRANSITION.

ProbationCourt officersorders actingordering asa pretrial services officersofficer underto 18supervise ASa 33.05.045,04 enacteddefendant while on pretrial release issued before the effective date of this Act, remain in 05 effect until nullified by sec.the court, and the authority of the Department of Corrections to 06 supervise those defendants in accordance with those orders continues in effect 07 notwithstanding a transfer, amendment, or repeal provided for in this Act.

1908 of* thisSec. Act, shall supervise defendants in accordance with 19 orders for pretrial services issued under former AS 12.30.006, 12.30.021, and AS 33.07.

20 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 2109 read:

2210 CONDITIONAL EFFECT.

22 - 24 2311 of this Act receive the two-thirds majority vote of each house required by art.

15, 2412 Constitution of the State of Alaska.

2513 * Sec.