Alaska 31st Legislature (2019-2020) Status: In Committee

SB 34 — An Act relating to probation; relating to a program allowing probationers to earn credits for complying with the conditions of probation; relating to early termination of probation; relating to parole; relating to a program allowing parolees to earn credits for complying with the conditions of parole; relating to early termination of parole; relating to eligibility for discretionary parole; relating to good time; and providing for an effective date.

Last action — (S) Minutes (SFIN)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 31st Legislature (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

16 added · 16 removed

Plain-language change summary

The latest version of Bill SB 34 includes several amendments aimed at reforming probation and parole systems in Alaska. Key changes allow probationers and parolees to earn credits for complying with their conditions, which can reduce their time in these programs. The bill also clarifies that individuals convicted of sex offenses are ineligible for these credit-earning programs. These changes matter because they provide incentives for good behavior among those on probation or parole, potentially improving outcomes for individuals and increasing public safety by encouraging rehabilitation.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2019 Session Laws & Resolves 2020 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills SB 34 Detail FullText txt SB 34:
and providing for an effective date." CS FOR SENATE BILL NO.
and providing for an effective date." SENATE BILL NO.
34(STA) 01 "An Act relating to probation;
34 01 "An Act relating to probation;
If the court does not find that the default was attributable to the defendant's 21 inability to pay despite having made continuing good faith efforts to pay the fine or 22 restitution, the court may order the defendant imprisoned until the order of the court 23 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110].
If the court does not find that the default was attributable to the defendant's 21 inability to pay despite having made continuing good faith efforts to pay the fine or 22 restitution, the court may order the defendant imprisoned [SUBJECT TO THE 23 LIMITS SET OUT IN AS 12.55.110].
A term of 24 imprisonment imposed under this section may not exceed one day for each $50 of the 25 unpaid portion of the fine or restitution or one year, whichever is shorter.
A term of imprisonment imposed under this 24 section may not exceed one day for each $50 of the unpaid portion of the fine or 25 restitution or one year, whichever is shorter.
Credit shall 26 be given toward satisfaction of the order of the court for every day a person is 27 incarcerated for nonpayment of a fine or restitution.
Credit shall be given toward satisfaction 26 of the order of the court for every day a person is incarcerated for nonpayment of a 27 fine or restitution.
19 (h) The commissioner shall, in consultation with the Department of Law 20 and the Department of Public Safety, establish by regulation a program allowing 21 probationers to earn credits for complying with the conditions of probation.
19 (h) The commissioner shall establish by regulation a program allowing 20 probationers to earn credits for complying with the conditions of probation.
The 22 credits earned reduce the period of probation.
The 21 credits earned reduce the period of probation.
Nothing in this subsection prohibits the 23 department from recommending to the court the early discharge of the probationer as 24 provided in AS 12.55 and this chapter [AS 33.30].
Nothing in this subsection prohibits the 22 department from recommending to the court the early discharge of the probationer as 23 provided in AS 12.55 and this chapter [AS 33.30].
At a minimum, the regulations 25 must 26 (1) require that a probationer earn a credit of one day [30 DAYS] for 27 each three-day [30-DAY] period served in which the defendant complied with the 28 conditions of probation;
At a minimum, the regulations 24 must 25 (1) require that a probationer earn a credit of one day [30 DAYS] for 26 each three-day [30-DAY] period served in which the defendant complied with the 27 conditions of probation;
29 (2) include policies and procedures for 30 (A) calculating and tracking credits earned by probationers;
28 (2) include policies and procedures for 29 (A) calculating and tracking credits earned by probationers;
31 (B) reducing the probationer's period of probation based on credits earned by the probationer;
30 (B) reducing the probationer's period of probation based on 31 credits earned by the probationer;
and 02 (C) notifying a victim under AS 33.30.013;
and (C) notifying a victim under AS 33.30.013;
03 (3) require that a probationer convicted of a [SEX OFFENSE AS 04 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in 05 AS 18.66.990 complete all treatment programs required as a condition of probation 06 before discharge based on credits earned under this subsection.
02 (3) require that a probationer convicted of a [SEX OFFENSE AS 03 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in 04 AS 18.66.990 complete all treatment programs required as a condition of probation 05 before discharge based on credits earned under this subsection.
07 * Sec.
06 * Sec.
08 (i) A probationer convicted of a sex offense, as defined in AS 12.63.100, may 09 not be enrolled in the program established under (h) of this section.
07 (i) A probationer convicted of a sex offense, as defined in AS 12.63.100, may 08 not be enrolled in a program established under (h) of this section.
10 (j) If a probationer is found in violation of conditions of probation, the 11 probationer forfeits any credits earned under (h) of this section before the date of the 12 violation.
09 (j) If a probationer is found in violation of the conditions of probation, the 10 probationer forfeits any credits earned under (h) of this section before the date of the 11 violation.
13 * Sec.
12 * Sec.
AS 33.05.040(a) is amended to read:
AS 33.05.040 is amended to read:
14 (a) A probation officer shall 15 (1) furnish to each probationer under the supervision of the officer a 16 written statement of the conditions of probation and shall instruct the probationer 17 regarding the same;
13 Sec.
18 (2) keep informed concerning the conduct and condition of each 19 probationer under the supervision of the officer and shall report on the probationer to 20 the court placing that person on probation;
33.05.040.
21 (3) use all suitable methods, not inconsistent with the conditions 22 imposed by the court, to aid probationers and to bring about improvements in their 23 conduct and condition;
Duties of probation officers.
24 (4) keep records of the probation work, [INCLUDING 25 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 26 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete 27 accounts of all money collected from persons under the supervision of the officer, give 28 receipts for money collected and make at least monthly returns of it, make the reports 29 to the court and the commissioner required by them, and perform other duties the court 30 may direct;
A probation officer shall 14 (1) furnish to each probationer under the supervision of the officer a 15 written statement of the conditions of probation and shall instruct the probationer 16 regarding the same;
31 (5) perform duties with respect to persons on parole as the commissioner shall request, and in that service shall be termed a parole officer;
17 (2) keep informed concerning the conduct and condition of each 18 probationer under the supervision of the officer and shall report on the probationer to 19 the court placing that person on probation;
02 (6) [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 03 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 04 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 05 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 06 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 07 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 08 A RECOGNITION OF POSITIVE BEHAVIOR;
20 (3) use all suitable methods, not inconsistent with the conditions 21 imposed by the court, to aid probationers and to bring about improvements in their 22 conduct and condition;
23 (4) [KEEP RECORDS OF THE PROBATION WORK, INCLUDING 24 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 25 OFFICER IMPOSES UNDER AS 33.05.020(g), KEEP ACCURATE AND 26 COMPLETE ACCOUNTS OF ALL MONEY COLLECTED FROM PERSONS 27 UNDER THE SUPERVISION OF THE OFFICER, GIVE RECEIPTS FOR MONEY 28 COLLECTED AND MAKE AT LEAST MONTHLY RETURNS OF IT, MAKE 29 THE REPORTS TO THE COURT AND THE COMMISSIONER REQUIRED BY 30 THEM, AND PERFORM OTHER DUTIES THE COURT MAY DIRECT;
31 (5)] perform duties with respect to persons on parole as the commissioner shall request, and in that service shall be termed a parole officer;
02 (5) [(6) USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 03 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 04 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 05 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 06 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 07 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 08 A RECOGNITION OF POSITIVE BEHAVIOR;
13 (7) [(8)] for each probationer who owes restitution and who is under 14 the supervision of the officer, create a restitution payment schedule based on the 15 probationer's income and ability to pay if the court has not already set a restitution 16 payment schedule;
13 (6) [(8)] for each probationer who owes restitution and who is under 14 the supervision of the officer, create a restitution payment schedule based on the 15 probationer's income and ability to pay if the court has not already set a restitution 16 payment schedule;
17 (8) [(9)] accommodate the diligent efforts of each probationer to secure 18 and maintain steady employment or to participate in educational courses or training 19 programs when prescribing the times at which a probationer shall report;
17 (7) [(9)] accommodate the diligent efforts of each probationer to secure 18 and maintain steady employment or to participate in educational courses or training 19 programs when prescribing the times at which a probationer shall report;
20 (9) [(10)] permit each probationer to travel in the state to make diligent 21 efforts to secure and maintain steady employment or to participate in educational 22 courses or training programs if the travel is not inconsistent with other terms and 23 conditions of probation.
20 (8) [(10)] permit each probationer to travel in the state to make diligent 21 efforts to secure and maintain steady employment or to participate in educational 22 courses or training programs if the travel is not inconsistent with other terms and 23 conditions of probation.
27 (2) upon receiving a prisoner's application, consider the suitability 28 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary 29 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF 30 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] 31 special medical parole;
27 (2) upon receipt of the prisoner's application, consider the 28 suitability for parole of a prisoner who is eligible for discretionary parole and [AT 29 LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY 30 AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] special medical 31 parole;
AS 33.16.090(a) is amended to read:
15 (a) A prisoner sentenced to an active term of imprisonment of at least 181 16 days may, in the discretion of the board, be released on discretionary parole if the 17 prisoner 18 (1) has served the amount of time specified under (b) of this section, 19 except that 20 (A) a prisoner sentenced to one or more mandatory 99-year 21 terms under AS 12.55.125(a) or one or more definite terms under 22 AS 12.55.125(l) is not eligible for consideration for discretionary parole;
23 (B) a prisoner is not eligible for consideration of discretionary 24 parole if made ineligible by order of a court under AS 12.55.115;
25 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 26 for discretionary parole unless the actual term of imprisonment is more than 27 one year;
28 (D) a prisoner sentenced to a single sentence within or 29 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) 30 and (4), or (i) who has not been allowed by the three-judge panel under 31 AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole;
02 (E) a prisoner whose sentence is not eligible for a good time 03 deduction under AS 33.20.010(a)(3) and who has not been allowed by the 04 three-judge panel under AS 12.55.175 to be considered for discretionary 05 parole release is not eligible for consideration of discretionary parole;
or 06 (2) is at least 60 years of age, has served at least 10 years of a sentence 07 for one or more crimes in a single judgment, and has not been convicted of an 08 unclassified felony or a sexual felony as defined in AS 12.55.185.
09 * Sec.
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10 (b) A prisoner eligible under (a)(1) of this section who is sentenced 11 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 12 released on discretionary parole until the prisoner has served the mandatory minimum 13 term under AS 12.55.125(a) or (b), one-half [ONE-THIRD] of the active term of 14 imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest;
15 (b) A prisoner eligible under (a)(1) of this section who is sentenced 16 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 17 released on discretionary parole until the prisoner has served the mandatory minimum 18 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 19 imposed, or any term set under AS 12.55.115, whichever is greatest;
15 (2) to a single sentence within or below a presumptive range set out in 16 AS 12.55.125(i)(1) and (2), and has not been allowed by the three-judge panel under 17 AS 12.55.175 to be considered for discretionary parole release, may not be released on 18 discretionary parole until the prisoner has served the term imposed, less good time 19 earned under AS 33.20.010;
20 (2) to a single sentence within or below a presumptive range set out in 21 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and 22 has not been allowed by the three-judge panel under AS 12.55.175 to be considered 23 for discretionary parole release, may not be released on discretionary parole until the 24 prisoner has served the term imposed, less good time earned under AS 33.20.010;
20 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 21 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 22 AS 12.55.175 to be considered for discretionary parole release during the second half 23 of the sentence, may not be released on discretionary parole until 24 (A) the prisoner has served that portion of the active term of 25 imprisonment required by the three-judge panel;
25 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 26 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 27 AS 12.55.175 to be considered for discretionary parole release during the second half 28 of the sentence, may not be released on discretionary parole until 29 (A) the prisoner has served that portion of the active term of 30 imprisonment required by the three-judge panel;
and 26 (B) in addition to the factors set out in AS 33.16.100(a), the 27 board determines that 28 (i) the prisoner has successfully completed all 29 rehabilitation programs ordered by the three-judge panel that were 30 made available to the prisoner;
and 31 (B) in addition to the factors set out in AS 33.16.100(a), the board determines that 02 (i) the prisoner has successfully completed all 03 rehabilitation programs ordered by the three-judge panel that were 04 made available to the prisoner;
and 31 (ii) the prisoner would not constitute a danger to the public if released on parole;
and 05 (ii) the prisoner would not constitute a danger to the 06 public if released on parole;
02 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 03 the applicable presumptive range may not be released on discretionary parole until the 04 prisoner has served the greater of the following:
07 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 08 the applicable presumptive range may not be released on discretionary parole until the 09 prisoner has served the greater of the following:
05 (A) an amount of time, less good time earned under 06 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 07 of the amount of time above the presumptive range;
10 (A) an amount of time, less good time earned under 11 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 12 of the amount of time above the presumptive range;
or 08 (B) any term set under AS 12.55.115;
or 13 (B) any term set under AS 12.55.115;
09 (5) to a single sentence under any other provision of law may not be 10 released on discretionary parole until the prisoner has served at least one-fourth of the 11 active term of imprisonment, any mandatory minimum sentence imposed under any 12 provision of law, or any term set under AS 12.55.115, whichever is greatest;
14 (5) to a single sentence under any other provision of law may not be 15 released on discretionary parole until the prisoner has served at least one-fourth of the 16 active term of imprisonment, any mandatory minimum sentence imposed under any 17 provision of law, or any term set under AS 12.55.115, whichever is greatest;
13 (6) to concurrent sentences may not be released on discretionary parole 14 until the prisoner has served the greatest of 15 (A) any mandatory minimum sentence or sentences imposed 16 under any provision of law;
18 (6) to concurrent sentences may not be released on discretionary parole 19 until the prisoner has served the greatest of 20 (A) any mandatory minimum sentence or sentences imposed 21 under any provision of law;
17 (B) any term set under AS 12.55.115;
22 (B) any term set under AS 12.55.115;
or 18 (C) the amount of time that is required to be served under (1) - 19 (5) or (8) of this subsection for the sentence imposed for the primary crime, 20 had that been the only sentence imposed;
or 23 (C) the amount of time that is required to be served under (1) - 24 (5) of this subsection for the sentence imposed for the primary crime, had that 25 been the only sentence imposed;
21 (7) to consecutive or partially consecutive sentences may not be 22 released on discretionary parole until the prisoner has served the greatest of 23 (A) the composite total of any mandatory minimum sentence or 24 sentences imposed under any provision of law, including AS 12.55.127;
26 (7) to consecutive or partially consecutive sentences may not be 27 released on discretionary parole until the prisoner has served the greatest of 28 (A) the composite total of any mandatory minimum sentence or 29 sentences imposed under any provision of law, including AS 12.55.127;
25 (B) any term set under AS 12.55.115;
30 (B) any term set under AS 12.55.115;
or 26 (C) the amount of time that is required to be served under (1) - 27 (5) or (8) of this subsection for the sentence imposed for the primary crime, 28 had that been the only sentence imposed, plus one-quarter of the composite 29 total of the active term of imprisonment imposed as consecutive or partially 30 consecutive sentences imposed for all crimes other than the primary crime;
or 31 (C) the amount of time that is required to be served under (1) - (5) of this subsection for the sentence imposed for the primary crime, had that 02 been the only sentence imposed, plus one-quarter of the composite total of the 03 active term of imprisonment imposed as consecutive or partially consecutive 04 sentences imposed for all crimes other than the primary crime [;
31 (8) to a single sentence under AS 12.55.125(d) for an offense under AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by 02 the three-judge panel under AS 12.55.175 to be considered for discretionary parole 03 release, may not be released on discretionary parole until the prisoner has served [, 04 AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one- 05 half of the active term of imprisonment imposed.
05 (8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND 06 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER 07 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, 08 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE 09 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED 10 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT 11 IMPOSED].
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07 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 08 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 09 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 10 exists that 11 (1) the prisoner will live and remain at liberty without violating any 12 laws or conditions imposed by the board;
13 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 14 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 15 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 16 exists that 17 (1) the prisoner will live and remain at liberty without violating any 18 laws or conditions imposed by the board;
13 (2) the prisoner's rehabilitation and reintegration into society will be 14 furthered by release on parole;
19 (2) the prisoner's rehabilitation and reintegration into society will be 20 furthered by release on parole;
15 (3) the prisoner will not pose a threat of harm to the public if released 16 on parole;
21 (3) the prisoner will not pose a threat of harm to the public if released 22 on parole;
and 17 (4) release of the prisoner on parole would not diminish the 18 seriousness of the crime.
and 23 (4) release of the prisoner on parole would not diminish the 24 seriousness of the crime.
19 * Sec.
11.
AS 33.16.100 is amended by adding a new subsection to read:
20 (h) If the board considers an application for discretionary parole and denies 21 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 22 board may make the prisoner ineligible for further consideration of discretionary 23 parole or require that additional time be served before the prisoner is again eligible for 24 consideration for discretionary parole.
10.
AS 33.16.100 is amended by adding a new subsection to read:
26 (h) If the parole board considers an application for discretionary parole and 27 denies parole because the prisoner does not meet the standards in (a) or (g) of this 28 section, the board may make a prisoner ineligible for further consideration of 29 discretionary parole, or may require that additional time be served before the prisoner 30 is again eligible for consideration for discretionary parole.
31 * Sec.
11.
AS 33.16.130(a) is amended to read:
(a) The parole board shall hold a hearing before granting an eligible prisoner 02 special medical or discretionary parole.
Upon receipt of an application under 03 AS 33.16.060(a), a [A] hearing shall be conducted within the following time frames:
04 (1) for prisoners eligible under AS 33.16.100(a) [OR (f)], not less than 05 90 days before the first parole eligibility date;
06 (2) for all other prisoners, not less than 30 days after the board is 07 notified of the need for a hearing by the commissioner or the commissioner's designee.
08 * Sec.
AS 33.16.130(a) is repealed and reenacted to read:
AS 33.16.210(a) is amended to read:
26 (a) A prisoner eligible for discretionary parole may apply to the board for 27 discretionary parole.
09 (a) The board may unconditionally discharge a parolee from the jurisdiction 10 and custody of the board [AFTER THE PAROLEE HAS COMPLETED ONE YEAR 11 OF PAROLE].
As part of the application for parole, the prisoner shall submit to 28 the board a parole release plan that includes information concerning the prisoner's plan 29 for employment, residence, and rehabilitation if released on parole.
A discretionary parolee with a residual period of probation may [, 12 AFTER ONE YEAR OF PAROLE,] be discharged by the board to immediately begin 13 serving the residual period of probation.
30 * Sec.
14 * Sec.
AS 33.16.130(b) is amended to read:
31 (b) Before the board determines a prisoner's suitability for discretionary parole, the prisoner is entitled to a hearing before the board.
The 02 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH 03 TO THE] prisoner shall be furnished a copy of the preparole reports listed in 04 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the 05 board will consider in making its decision except those that are made confidential by 06 law.
The prisoner may also respond in writing to all materials the board considers, be 07 present at the hearing, and present evidence to the board.
08 * Sec.
14.
09 (c) A parole officer may [SHALL] recommend to the board early discharge 10 for a parolee who 11 (1) has completed at least one year on parole;
15 (c) A parole officer may [SHALL] recommend to the board early discharge 16 for a parolee who 17 (1) [HAS COMPLETED AT LEAST ONE YEAR ON PAROLE;
12 (2) has completed all treatment programs required as a condition of 13 parole;
18 (2)] has completed all treatment programs required as a condition of 19 parole;
14 (3) is currently in compliance with all conditions of parole for all 15 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN 16 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST 17 ONE YEAR];
20 (2) is currently in compliance with all conditions of parole for all 21 of the cases for which the person is on parole;
and 18 (4) has not been convicted of 19 (A) an unclassified felony offense under AS 11;
and 22 (3) [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS 23 OF PAROLE BY THE BOARD FOR AT LEAST ONE YEAR;
20 (B) a sexual felony as defined in AS 12.55.185;
AND 24 (4)] has not been convicted of 25 (A) an unclassified felony offense under AS 11;
or 21 (C) a crime involving domestic violence as defined in 22 AS 18.66.990.
26 (B) a sexual felony as defined in AS 12.55.185;
23 * Sec.
or 27 (C) a crime involving domestic violence as defined in 28 AS 18.66.990.
15.
29 * Sec.
14.
24 (b) Except as provided in (e) of this section, within 15 working days after the 25 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 26 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 27 designee shall hold a preliminary hearing.
30 (b) Except as provided in (e) of this section, within 15 working days after the 31 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 02 designee shall hold a preliminary hearing.
At the preliminary hearing, the board or its 28 designee shall determine if there is probable cause to believe that the parolee violated 29 the conditions of parole and, when probable cause exists, whether the parolee should 30 be released pending a final revocation hearing.
At the preliminary hearing, the board or its 03 designee shall determine if there is probable cause to believe that the parolee violated 04 the conditions of parole and, when probable cause exists, whether the parolee should 05 be released pending a final revocation hearing.
A finding of probable cause at a 31 preliminary hearing in a criminal case is conclusive proof of probable cause that a parole violation occurred.
A finding of probable cause at a 06 preliminary hearing in a criminal case is conclusive proof of probable cause that a 07 parole violation occurred.
02 * Sec.
08 * Sec.
16.
15.
03 (i) If, after the final revocation hearing, the board finds that the parolee has 04 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 05 ordinance, the board may revoke all or a portion of the remaining period of parole 06 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 07 of parole.
09 (i) If, after the final revocation hearing, the board finds that the parolee has 10 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 11 ordinance, the board may revoke all or a portion of the remaining period of parole 12 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 13 of parole.
A parolee's period of parole is tolled from the date of filing with the parole 08 board of a violation report until the date of the final revocation hearing [FOR 09 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 10 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 11 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f).
[A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE DATE 14 OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT FOR 15 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 16 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 17 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f).
THE 12 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 13 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 14 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 15 TOLLED AS DESCRIBED IN THIS SECTION].
THE 18 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 19 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 20 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 21 TOLLED AS DESCRIBED IN THIS SECTION.] 22 * Sec.
16 * Sec.
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17 Sec.
23 Sec.
The commissioner shall establish 18 by regulation a program allowing parolees to earn credits for complying with the 19 conditions of parole.
The commissioner shall establish 24 by regulation a program allowing parolees to earn credits for complying with the 25 conditions of parole.
20 Nothing in this section prohibits the department from recommending to the board the 21 early discharge of the parolee as provided in this chapter.
26 Nothing in this section prohibits the department from recommending to the board the 27 early discharge of the parolee as provided in this chapter.
At a minimum, the 22 regulations must 23 (1) require that a parolee earn a credit of one day [30 DAYS] for each 24 three-day [30-DAY] period served in which the parolee complied with the conditions 25 of parole;
At a minimum, the 28 regulations must 29 (1) require that a parolee earn a credit of one day [30 DAYS] for each 30 three-day [30-DAY] period served in which the parolee complied with the conditions 31 of parole;
26 (2) include policies and procedures for 27 (A) calculating and tracking credits earned by parolees;
(2) include policies and procedures for 02 (A) calculating and tracking credits earned by parolees;
28 (B) reducing the parolee's period of parole based on credits 29 earned by the parolee;
03 (B) reducing the parolee's period of parole based on credits 04 earned by the parolee and notifying a victim under AS 33.30.013;
and 30 (C) notifying a victim under AS 33.30.013;
05 (3) require that a parolee convicted of a [SEX OFFENSE AS 06 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence complete all 07 treatment programs required as a condition of parole before discharge based on credits 08 earned under this section.
31 (3) require that a parolee convicted of a [SEX OFFENSE AS DEFINED IN AS 12.63.100 OR A] crime involving domestic violence complete all 02 treatment programs required as a condition of parole before discharge based on credits 03 earned under this section.
04 * Sec.
18.
AS 33.16.270 is amended by adding new subsections to read:
05 (b) A parolee convicted of a sex offense, as defined in AS 12.63.100, may not 06 earn credits under (a) of this section.
07 (c) If a parolee is found in violation of conditions of parole, the parolee 08 forfeits any credits earned under (a) of this section before the date of the violation.
19.
17.
AS 33.16.270 is amended by adding new subsections to read:
10 (b) A parolee convicted of a sex offense, as defined in AS 12.63.100, may not 11 be enrolled in a program established under (a) of this section.
12 (c) If a parolee is found in violation of the conditions of parole, the parolee 13 forfeits any credits earned under (a) of this section prior to the date of the violation.
14 * Sec.
18.
10 (c) A prisoner may not be awarded a good time deduction under (a) of this 11 section for any period spent in a treatment program, in a private residence, or on 12 electronic monitoring.
15 (c) A prisoner may not be awarded a good time deduction under (a) of this 16 section for any period spent in a treatment program, in a private residence, or while 17 under electronic monitoring.
13 * Sec.
18 * Sec.
20.
19.
14 (g) The Department of Corrections shall report quarterly to the working group 15 authorized in (b)(3) of this section.
19 (g) The Department of Corrections shall report quarterly to the working group 20 authorized in (b)(3) of this section.
16 (1) data on pretrial decision making and outcomes, including 17 information on pretrial detainees admitted for a new criminal charge;
21 (1) data on pretrial decision making and outcomes, including 22 information on pretrial detainees admitted for a new criminal charge;
detainees 18 released at any point before case resolution;
detainees 23 released at any point before case resolution;
time spent detained before first release or 19 case resolution;
time spent detained before first release or 24 case resolution;
pretrial release 20 recommendations made by pretrial services officers;
pretrial release 25 recommendations made by pretrial services officers;
pretrial conditions imposed on 21 pretrial detainees by judicial officers, including amount of bail, and supervision 22 conditions;
pretrial conditions imposed on 26 pretrial detainees by judicial officers, including amount of bail, and supervision 27 conditions;
and information on pretrial outcomes, including whether or not the 23 defendant appeared in court or was re-arrested during the pretrial period;
and information on pretrial outcomes, including whether or not the 28 defendant appeared in court or was re-arrested during the pretrial period;
24 (2) data on offenders admitted to the Department of Corrections for a 25 new criminal conviction, including the offense type, number of prior felony 26 convictions, sentence length, and length of stay;
29 (2) data on offenders admitted to the Department of Corrections for a 30 new criminal conviction, including the offense type, number of prior felony 31 convictions, sentence length, and length of stay;
27 (3) data on the population of the Department of Corrections, using a 28 one-day snapshot on the first day of the first month of each quarter, broken down by 29 type of admission, offense type, and risk level;
02 (3) data on the population of the Department of Corrections, using a 03 one-day snapshot on the first day of the first month of each quarter, broken down by 04 type of admission, offense type, and risk level;
30 (4) data on offenders on probation supervised by the Department of 31 Corrections, including the total number of offenders supervised using a one-day snapshot on the first month of each quarter;
05 (4) data on offenders on probation supervised by the Department of 06 Corrections, including the total number of offenders supervised using a one-day 07 snapshot on the first month of each quarter;
assignments to a 02 program under AS 33.05.020(f);
assignments to a 08 program under AS 33.05.020(f);
time served on the 03 sentence;
time served on the 09 sentence;
whether probation was successfully completed, any new convictions for a 04 felony offense, and any sentences to a term of imprisonment while on probation;
whether probation was successfully completed, any new convictions for a 10 felony offense, and any sentences to a term of imprisonment while on probation;
05 (5) data on parole, including the number of offenders supervised on 06 parole, using a one-day snapshot on the first month of each quarter;
11 (5) data on parole, including the number of offenders supervised on 12 parole, using a one-day snapshot on the first month of each quarter;
the number of 07 parole hearings;
the number of 13 parole hearings;
the parole grant rate and number of parolees released on discretionary 08 and special medical parole;
the parole grant rate and number of parolees released on discretionary 14 and special medical parole;
and information on parolees, including time spent on 09 parole, whether parole was successfully completed, any new convictions for a new 10 felony offense, and any sentences to a term of imprisonment while on parole;
and information on parolees, including time spent on 15 parole, whether parole was successfully completed, any new convictions for a new 16 felony offense, and any sentences to a term of imprisonment while on parole;
11 (6) data on the implementation of policies from the 2015 justice 12 reinvestment report, including the number and percentage of offenders who earn 13 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 14 and the total amount of credits earned;
17 (6) data on the implementation of policies from the 2015 justice 18 reinvestment report, including the number and percentage of offenders who earn 19 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 20 and the total amount of credits earned;
[THE AVERAGE NUMBER OF 15 SANCTIONS ISSUED UNDER AS 33.05.020(g) BEFORE A PETITION TO 16 REVOKE PROBATION OR PAROLE IS FILED;] and the most common violations 17 of probation or parole;
[THE AVERAGE NUMBER OF 21 SANCTIONS ISSUED UNDER AS 33.05.020(g) BEFORE A PETITION TO 22 REVOKE PROBATION OR PAROLE IS FILED;] and the most common violations 23 of probation or parole;
and 18 (7) data on probation and parole revocations, including information on 19 probationers and parolees admitted for a supervision violation pre-case and post-case 20 resolution;
and 24 (7) data on probation and parole revocations, including information on 25 probationers and parolees admitted for a supervision violation pre-case and post-case 26 resolution;
[PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A 21 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest;
probationers and parolees admitted solely for a technical violation;
the 22 number of previous revocations on the current sentence, if any;
27 probationers and parolees admitted for a new arrest;
the length of time held 23 pre-case resolution;
the number of previous 28 revocations on the current sentence, if any;
the length of time to case resolution;
the length of time held pre-case resolution;
29 the length of time to case resolution;
24 * Sec.
30 * Sec.
21.
20.
12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 12.55.110(e), 25 12.55.110(f), 12.55.110(g), 12.55.110(h);
AS 12.55.090(n), 12.55.100(a)(2)(H), 12.55.110(c), 31 12.55.110(d), 12.55.110(e), 12.55.110(f), 12.55.110(g), 12.55.110(h);
26 AS 33.16.090(b)(2), 33.16.100(f), 33.16.180(8), 33.16.210(b), 33.16.215, 33.16.220(j), 27 33.16.240(h), 33.16.900(2);
AS 33.16.100(f), 33.16.180(8), 33.16.210(b), 33.16.215, 33.16.220(j), 02 33.16.240(h), 33.16.900(2);
28 * Sec.
03 * Sec.
22.
21.
The uncodified law of the State of Alaska is amended by adding a new section to 29 read:
The uncodified law of the State of Alaska is amended by adding a new section to 04 read:
30 APPLICABILITY.
05 APPLICABILITY.
(a) The following sections apply to sentences imposed on or after 31 the effective date of those sections for conduct occurring on or after the effective date of those sections:
(a) The following sections apply to sentences imposed on or after 06 the effective date of those sections for conduct occurring on or after the effective date of those 07 sections:
02 (1) AS 12.55.025(c), as amended by sec.
08 (1) AS 12.55.025(c), as amended by sec.
and 03 (2) AS 12.55.051(a), as amended by sec.
and 09 (2) AS 12.55.051(a), as amended by sec.
04 (b) The following sections apply to probation ordered on or after the effective date of 05 those sections for conduct occurring on or after the effective date of those sections:
10 (b) The following sections apply to probation ordered on or after the effective date of 11 those sections for conduct occurring on or after the effective date of those sections:
06 (1) AS 12.55.090(g), as amended by sec.
12 (1) AS 12.55.090(g), as amended by sec.
07 (2) AS 33.05.020(h), as amended by sec.
13 (2) AS 33.05.020(h), as amended by sec.
08 (3) AS 33.05.020(i) and (j), enacted by sec.
14 (3) AS 33.05.020(i) and (j), enacted by sec.
and 09 (4) AS 33.05.040(a), as amended by sec.
and 15 (4) AS 33.05.040, as amended by sec.
10 (c) The following sections apply to parole ordered on or after the effective date of 11 those sections for conduct occurring on or after the effective date of those sections:
16 (c) The following sections apply to parole ordered on or after the effective date of 17 those sections for conduct occurring on or after the effective date of those sections:
12 (1) AS 33.16.060(a), as amended by sec.
18 (1) AS 33.16.060(a), as amended by sec.
13 (2) AS 33.16.090(a), as amended by sec.
19 (2) AS 33.16.090(b), as amended by sec.
14 (3) AS 33.16.090(b), as amended by sec.
20 (3) AS 33.16.100(h), enacted by sec.
9 of this Act;
10 of this Act;
15 (4) AS 33.16.100(h), enacted by sec.
21 (4) AS 33.16.130(a), as amended by sec.
16 (5) AS 33.16.130(a), as repealed and reenacted by sec.
22 (5) AS 33.16.210(a), as amended by sec.
17 (6) AS 33.16.130(b), as amended by sec.
23 (6) AS 33.16.210(c), as amended by sec.
by sec.
18 (7) AS 33.16.210(c), as amended by sec.
24 (7) AS 33.16.220(b), as amended by sec.
19 (8) AS 33.16.220(b), as amended by sec.
25 (8) AS 33.16.220(i), as amended by sec.
20 (9) AS 33.16.220(i), as amended by sec.
26 (9) AS 33.16.270, as amended by sec.
21 (10) AS 33.16.270, as amended by sec.
27 (10) AS 33.16.270(b) and (c), enacted by sec.
22 (11) AS 33.16.270(b) and (c), enacted by sec.
and 28 (11) AS 33.20.010(c), as repealed and reenacted by sec.
18 of this Act;
18 of this Act.
and 23 (12) AS 33.20.010(c), as repealed and reenacted by sec.
29 (d) AS 33.16.100(a), as amended by sec.
19 of this Act.
9 of this Act, applies to parole granted on or 30 after the effective date of sec.
24 (d) AS 33.16.100(a), as amended by sec.
9 of this Act, for conduct occurring before, on, or after the 31 effective date of this Act.
10 of this Act, applies to parole granted on 25 or after the effective date of sec.
* Sec.
10 of this Act, for conduct occurring before, on, or after the 26 effective date of this Act.
22.
27 * Sec.
23.
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Action History

  1. (S) Minutes (SFIN)

  2. (S) Heard & Held

  3. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  4. (S) Minutes (SFIN)

  5. (S) Heard & Held

  6. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  7. (S) Minutes (SFIN)

  8. (S) Scheduled but Not Heard

  9. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  10. (S) -- MEETING CANCELED --

  11. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  12. (S) Minutes (SJUD)

  13. (S) <Bill Hearing Canceled>

  14. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  15. (S) Referred to FINANCE

  16. (S) FN9: INDETERMINATE(ADM)

  17. (S) FN8: (COR)

  18. (S) FN7: ZERO(COR)

  19. (S) FN6: (COR)

  20. (S) FN5: INDETERMINATE(ADM)

  21. (S) FN4: ZERO(AJS)

  22. (S) FN1: ZERO(LAW)

  23. (S) DNP: KIEHL

  24. (S) DP: HUGHES, REINBOLD, MICCICHE

  25. (S) JUD RPT CS 3DP 1DNP NEW TITLE

  26. (S) Minutes (SJUD)

  27. (S) Moved CSSB 34(JUD) Out of Committee -- Please Note Time --

  28. (S) JUDICIARY at 06:00 PM BELTZ 105 (TSBldg)

  29. (S) Minutes (SJUD)

  30. (S) <Bill Hearing Canceled>

  31. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  32. (S) Minutes (SJUD)

  33. (S) <Bill Hearing Canceled>

  34. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  35. (S) Minutes (SJUD)

  36. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  37. (S) Minutes (SJUD)

  38. (S) Heard & Held

  39. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  40. (S) Minutes (SJUD)

  41. (S) Scheduled but Not Heard

  42. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  43. (S) Minutes (SJUD)

  44. (S) Heard & Held

  45. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  46. (S) Minutes (SJUD)

  47. (S) Scheduled but Not Heard

  48. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  49. (S) FN4: ZERO(AJS)

  50. (S) FN3: (COR)

  51. (S) FN2: INDETERMINATE(COR)

  52. (S) FN1: ZERO(LAW)

  53. (S) DNP: COGHILL

  54. (S) DP: SHOWER, REINBOLD, MICCICHE

  55. (S) STA RPT CS 3DP 1DNP SAME TITLE

  56. (S) Minutes (SSTA)

  57. (S) Moved CSSB 34(STA) Out of Committee

  58. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  59. (S) Minutes (SSTA)

  60. (S) Heard & Held

  61. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  62. (S) Minutes (SSTA)

  63. (S) Heard & Held

  64. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  65. (S) Minutes (SSTA)

  66. (S) Heard & Held -- Recessed to 6:00 p.m. --

  67. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  68. (S) Minutes (SSTA)

  69. (S) Heard & Held

  70. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  71. (S) Minutes (SSTA)

  72. (S) Heard & Held

  73. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  74. (S) JUD REFERRAL ADDED AFTER STA

  75. (S) Minutes (SSTA)

  76. (S) Heard & Held

  77. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  78. (S) GOVERNOR'S TRANSMITTAL LETTER

  79. (S) FN3: (COR)

  80. (S) FN2: INDETERMINATE(COR)

  81. (S) FN1: ZERO(LAW)

  82. (S) STA, FIN

  83. (S) Read the first time - REFERRALS

Sponsors

  • SENATE RULES BY REQUEST OF THE GOVERNOR · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • SENATE RULES BY REQUEST OF THE GOVERNOR

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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public-safety
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Frequently asked questions

Who sponsors SB 34?
SB 34 is sponsored by SENATE RULES BY REQUEST OF THE GOVERNOR.
What is the current status of SB 34?
This bill died with 31st Legislature (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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