HB 9 — An Act relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date.

0910 (a) A person commits the crime of theft in the fourth degree if the person 1011 commits theft as defined in AS 11.46.100 and the value of the property or services [, 1112 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.

1213 * Sec.

1314 (c) Concealment of merchandise is 1415 (1) a class C felony if 1516 (A) the merchandise is a firearm;

1617 (B) the value of the merchandise [, ADJUSTED FOR 1718 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;

or 1819 (C) the value of the merchandise [, ADJUSTED FOR 1920 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 2021 $750 and, within the preceding five years, the person has been convicted and 2122 sentenced on two or more separate occasions in this or another jurisdiction of 2223 (i) the offense of concealment of merchandise under 2324 this paragraph or (2)(A) of this subsection, or an offense under another 2425 law or ordinance with similar elements;

or 2526 (ii) an offense under AS 11.46.120, 11.46.130, or 2627 11.46.140(a)(1), or an offense under another law or ordinance with 2728 similar elements;

2829 (2) a class A misdemeanor if 2930 (A) the value of the merchandise [, ADJUSTED FOR 3031 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 31 $750;

or 02 (B) [REPEALED] 0203 (C) the value of the merchandise is less than $250 and, within 0304 the preceding five years, the person has been convicted and sentenced on three 0405 or more separate occasions of the offense of concealment of merchandise or 0506 theft in any degree, or an offense under another law or ordinance with similar 0607 elements;

0708 (3) a class B misdemeanor if the value of the merchandise [, 0809 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.

0910 * Sec.

1011 (b) Removal of identification marks is 1112 (1) a class C felony if the value of the property on which the serial 1213 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 1314 PROVIDED IN AS 11.46.982,] is $750 or more;

1415 (2) a class A misdemeanor if the value of the property on which the 1516 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 1617 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;

1718 (3) a class B misdemeanor if the value of the property on which the 1819 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 1920 PROVIDED IN AS 11.46.982,] is less than $250.

2021 * Sec.

2122 (b) Unlawful possession is 2223 (1) a class C felony if the value of the property on which the serial 2324 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 2425 PROVIDED IN AS 11.46.982,] is $750 or more;

2526 (2) a class A misdemeanor if the value of the property on which the 2627 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 2728 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;

2829 (3) a class B misdemeanor if the value of the property on which the 2930 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 3031 PROVIDED IN AS 11.46.982,] is less than $250.

31 * Sec.

02 (d) Issuing a bad check is 0203 (1) a class B felony if the face amount of the check is $25,000 or more;

0304 (2) a class C felony if the face amount of the check [, ADJUSTED 0405 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 0506 $25,000;

0607 (3) a class A misdemeanor if the face amount of the check [, 0708 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 0809 but less than $750;

0910 (4) a class B misdemeanor if the face amount of the check [, 1011 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.

1112 * Sec.

1213 (b) Fraudulent use of an access device is 1314 (1) a class B felony if the value of the property or services obtained is 1415 $25,000 or more;

1516 (2) a class C felony if the value of the property or services obtained [, 1617 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more 1718 but less than $25,000;

1819 (3) a class A misdemeanor if the value of the property or services 1920 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 2021 than $750.

2122 * Sec.

2223 Sec.

For purposes of considering prior 2324 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 2425 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 2526 AS 11.46.220(c), 2627 (1) a conviction for an offense under another law or ordinance with 2728 similar elements is a conviction of an offense having elements similar to those of an 2829 offense defined as such under Alaska law at the time the offense was committed;

2930 (2) a conviction for an offense under Alaska law where the value of the 3031 property or services for the offense was lower than the value of property or services 31 for the offense under current Alaska law is a prior conviction for that offense;

and 02 (3) the court shall consider the date of a prior conviction as occurring 0203 on the date that sentence is imposed for the prior offense.

0304 * Sec.

0405 (a) A person commits the crime of vehicle theft in the first degree if, having 0506 no right to do so or any reasonable ground to believe the person has such a right, the 0607 person drives, tows away, or takes 0708 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 0809 of another;

0910 (2) the propelled vehicle of another and 1011 (A) the vehicle or any other property of another is damaged in a 1112 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 1213 AS 11.46.982,] of $750 or more;

1314 (B) the owner incurs reasonable expenses as a result of the loss 1415 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 1516 PROVIDED IN AS 11.46.982,] of $750 or more;

or 1617 (C) the owner is deprived of the use of the vehicle for seven 1718 days or more;

1819 (3) the propelled vehicle of another and the vehicle is marked as a 1920 police or emergency vehicle;

or 2021 (4) the propelled vehicle of another and, within the preceding seven 2122 years, the person was convicted under 2223 (A) this section or AS 11.46.365;

2324 (B) former AS 11.46.482(a)(4) or (5);

2425 (C) former AS 11.46.484(a)(2);

2526 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 2627 of a propelled vehicle;

or 2728 (E) a law or ordinance of this or another jurisdiction with 2829 elements substantially similar to those of an offense described in (A) - (D) of 2930 this paragraph.

3031 * Sec.

31 (a) A person commits the crime of arson in the third degree if the person 02 intentionally damages a motor vehicle 0203 [(1)] by starting a fire or causing an explosion while that vehicle is 0304 located on state or municipal [PUBLIC] land [;

OR 0405 (2) THAT IS THE PROPERTY OF ANOTHER PERSON BY 0506 STARTING A FIRE OR CAUSING AN EXPLOSION WHILE THAT VEHICLE IS 0607 LOCATED ON PRIVATE PROPERTY].

0708 * Sec.

0809 Sec.

(a) A person commits 0910 the crime [OFFENSE] of disregard of a highway obstruction if, without the right to do 1011 so or a reasonable ground to believe the person has the right, the person 1112 (1) drives a vehicle through, over, or around an obstruction erected on 1213 a highway under authority of AS 19.10.100;

or 1314 (2) opens an obstruction erected on a highway under authority of 1415 AS 19.10.100.

1516 (b) Violation of this section is a class B misdemeanor [VIOLATION 1617 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000].

1718 * Sec.

1819 (a) A person commits the crime of criminal mischief in the third degree if, 1920 having no right to do so or any reasonable ground to believe the person has such a 2021 right, 2122 (1) with intent to damage property of another, the person damages 2223 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 2324 IN AS 11.46.982,] of $750 or more;

2425 (2) the person recklessly creates a risk of damage in an amount 2526 exceeding $100,000 to property of another by the use of widely dangerous means;

or 2627 (3) the person knowingly 2728 (A) defaces, damages, or desecrates a cemetery or the contents 2829 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 2930 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 3031 memorial appears to be abandoned, lost, or neglected;

31 (B) removes human remains or associated burial artifacts from 02 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 0203 tomb, grave, or memorial appears to be abandoned, lost, or neglected.

0304 * Sec.

0405 (a) A person commits the crime of criminal mischief in the fourth degree if, 0506 having no right to do so or any reasonable ground to believe the person has such a 0607 right, 0708 (1) with intent to damage property of another, the person damages 0809 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 0910 IN AS 11.46.982,] of $250 or more but less than $750;

1011 (2) the person tampers with a fire protection device in a building that is 1112 a public place;

1213 (3) the person knowingly accesses a computer, computer system, 1314 computer program, computer network, or part of a computer system or network;

1415 (4) the person uses a device to descramble an electronic signal that has 1516 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 1617 device is used only to descramble signals received directly from a satellite or unless 1718 the person owned the device before September 18, 1984;

or 1819 (5) the person knowingly removes, relocates, defaces, alters, obscures, 1920 shoots at, destroys, or otherwise tampers with an official traffic control device or 2021 damages the work on a highway under construction.

2122 * Sec.

2223 (a) A person commits the crime of criminal mischief in the fifth degree if, 2324 having no right to do so or any reasonable ground to believe the person has such a 2425 right, 2526 (1) with reckless disregard for the risk of harm to or loss of the 2627 property or with intent to cause substantial inconvenience to another, the person 2728 tampers with property of another;

2829 (2) with intent to damage property of another, the person damages 2930 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 3031 IN AS 11.46.982,] less than $250;

or 31 (3) the person rides in a propelled vehicle and, with criminal 02 negligence, disregards the fact that it has been stolen or that it is being used in 0203 violation of AS 11.46.360 or 11.46.365(a)(1).

0304 * Sec.

0405 (b) Criminal simulation is 0506 (1) a class C felony if the value of what the object purports to represent 0607 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 0708 more;

0809 (2) a class A misdemeanor if the value of what the object purports to 0910 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 1011 $250 or more but less than $750;

1112 (3) a class B misdemeanor if the value of what the object purports to 1213 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 1314 than $250.

1415 * Sec.

1516 (d) Misapplication of property is 1617 (1) a class C felony if the value of the property misapplied [, 1718 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;

1819 (2) a class A misdemeanor if the value of the property misapplied [, 1920 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.

2021 * Sec.

2122 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 2223 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 2324 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 2425 defendant's conduct, in which case defrauding secured creditors is 2526 (1) a class B felony if the loss is $25,000 or more;

2627 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 2728 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.

2829 * Sec.

2930 (a) A person commits the crime [OFFENSE] of failure to appear if the person 3031 (1) is released under the provisions of AS 12.30;

31 (2) knows that the person is required to appear before a court or 02 judicial officer at the time and place of a scheduled hearing;

and 0203 (3) with criminal negligence does not appear before the court or 0304 judicial officer at the time and place of the scheduled hearing.

0405 * Sec.

0506 (d) Failure to appear is a 0607 (1) class C felony if the person was released in connection with a 0708 charge of a felony or while awaiting sentence or appeal after conviction of a felony 0809 [AND THE PERSON 0910 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 1011 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 1112 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 1213 HEARING;

OR 1314 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 1415 SCHEDULED HEARING TO AVOID PROSECUTION];

1516 (2) class A misdemeanor if the person was released in connection with 1617 a 1718 (A) charge of a misdemeanor, while awaiting sentence or 1819 appeal after conviction of a misdemeanor;

or 1920 (B) [, OR IN CONNECTION WITH A] requirement to appear 2021 as a material witness in a criminal proceeding [, AND THE PERSON 2122 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 2223 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 2324 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 2425 HEARING;

OR 2526 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 2627 SCHEDULED HEARING TO AVOID PROSECUTION;

OR 2728 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].

2829 * Sec.

2930 (b) Violation of condition of release is a 3031 (1) class A misdemeanor if the person is released from a charge or 31 conviction of a felony;

02 (2) class B misdemeanor if the person is released from a charge or 0203 conviction of a misdemeanor.

0304 * Sec.

0405 (c) Disorderly conduct is a class B misdemeanor and is punishable as 0506 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 0607 be for a definite term of not more than 10 days.

0708 * Sec.

0809 (d) Promoting an exhibition of fighting animals 0910 (1) under (a)(1) or (2) of this section is a class C felony;

1011 (2) under (a)(3) of this section is 1112 [(A)] a violation 1213 [(i)] for the first offense, a class B misdemeanor [;

1314 (ii) PUNISHABLE BY A FINE OF NOT MORE 1415 THAN $1,000] for the second offense, [;] and 1516 [(B)] a class A misdemeanor for the third and each subsequent 1617 offense.

1718 * Sec.

1819 (a) A person commits the crime [OFFENSE] of obstruction of highways if the 1920 person knowingly 2021 (1) places, drops, or permits to drop on a highway any substance that 2122 creates a substantial risk of physical injury to others using the highway;

or 2223 (2) renders a highway impassable or passable only with unreasonable 2324 inconvenience or hazard.

2425 * Sec.

2526 (c) Obstruction of highways is a class B misdemeanor [VIOLATION 2627 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000].

2728 * Sec.

2829 (a) A person commits the crime of sex trafficking in the first degree if the 2930 person 3031 (1) induces or causes a [ANOTHER] person to engage in prostitution 31 through the use of force;

02 (2) as other than a patron of a prostitute, induces or causes a 0203 [ANOTHER] person [WHO IS] under 20 years of age to engage in prostitution;

or 0304 (3) induces or causes a person in that person's legal custody to engage 0405 in prostitution.

0506 * Sec.

0607 (a) A person commits the crime of sex trafficking in the third degree if, with 0708 intent to promote prostitution, the person 0809 (1) [RECEIVES COMPENSATION FOR PROSTITUTION 0910 SERVICES RENDERED BY ANOTHER;

AND 1011 (2) WITH THE INTENT TO PROMOTE PROSTITUTION, 1112 (A)] manages, supervises, controls, or owns, either alone or in 1213 association with others, a place of prostitution;

1314 (2) [(B)] as other than a patron of a prostitute, induces or causes a 1415 [ANOTHER] person who is 20 years of age or older to engage in prostitution;

1516 (3) as other than a prostitute receiving compensation for 1617 personally rendered prostitution services, [(C)] receives or agrees to receive money 1718 or other property under an agreement or understanding that the money or other 1819 property is derived from prostitution;

or 1920 (4) [(D)] engages in conduct that institutes, aids, or facilitates a 2021 prostitution enterprise.

2122 * Sec.

2223 (a) A person commits the crime of sex trafficking in the fourth degree if the 2324 person 2425 [(1) RECEIVES COMPENSATION FOR PROSTITUTION 2526 SERVICES RENDERED BY ANOTHER;

AND 2627 (2)] engages in conduct that institutes, aids, or facilitates prostitution 2728 under circumstances not proscribed under AS 11.66.130(a)(4) 2829 [AS 11.66.130(a)(2)(D)].

2930 * Sec.

3031 (c) Gambling is a violation 31 [(1)] for the first offense.

02 (2) PUNISHABLE BY A FINE OF NOT MORE THAN $1,000] for 0203 the second and each subsequent offense.

0304 * Sec.

0405 Sec.

Misconduct involving a controlled substance in the second 0506 degree.

(a) Except as authorized in AS 17.30, a person commits the crime of 0607 misconduct involving a controlled substance in the second degree if the person 0708 (1) manufactures or delivers any amount of a schedule IA controlled 0809 substance or possesses any amount of a schedule IA controlled substance with intent 0910 to manufacture or deliver;

1011 (2) manufactures any material, compound, mixture, or preparation that 1112 contains 1213 (A) methamphetamine, or its salts, isomers, or salts of isomers;

1314 or 1415 (B) an immediate precursor of methamphetamine, or its salts, 1516 isomers, or salts of isomers;

1617 (3) possesses an immediate precursor of methamphetamine, or the 1718 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 1819 with the intent to manufacture any material, compound, mixture, or preparation that 1920 contains methamphetamine, or its salts, isomers, or salts of isomers;

2021 (4) possesses a listed chemical with intent to manufacture any material, 2122 compound, mixture, or preparation that contains 2223 (A) methamphetamine, or its salts, isomers, or salts of isomers;

2324 or 2425 (B) an immediate precursor of methamphetamine, or its salts, 2526 isomers, or salts of isomers;

2627 (5) possesses methamphetamine in an organic solution with intent to 2728 extract from it methamphetamine or its salts, isomers, or salts of isomers;

or 2829 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 2930 delivers 3031 (A) an immediate precursor of methamphetamine, or the salts, 31 isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 to another person with reckless disregard that the precursor will be used to 0203 manufacture any material, compound, mixture, or preparation that contains 0304 methamphetamine, or its salts, isomers, or salts of isomers;

or 0405 (B) a listed chemical to another person with reckless disregard 0506 that the listed chemical will be used to manufacture any material, compound, 0607 mixture, or preparation that contains 0708 (i) methamphetamine, or its salts, isomers, or salts of 0809 isomers;

0910 (ii) an immediate precursor of methamphetamine, or its 1011 salts, isomers, or salts of isomers;

or 1112 (iii) methamphetamine or its salts, isomers, or salts of 1213 isomers in an organic solution.

1314 (b) In a prosecution under (a) of this section, possession of more than six 1415 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 1516 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 1617 the person intended to use the listed chemicals to manufacture, to aid or abet another 1718 person to manufacture, or to deliver to another person who intends to manufacture 1819 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 1920 of methamphetamine or its immediate precursors.

The prima facie evidence described 2021 in this subsection does not apply to a person who possesses 2122 (1) the listed chemicals ephedrine, pseudoephedrine, 2223 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 2324 (A) and the listed chemical was dispensed to the person under a 2425 valid prescription;

or 2526 (B) in the ordinary course of a legitimate business, or an 2627 employee of a legitimate business, as a 2728 (i) retailer or as a wholesaler;

2829 (ii) wholesale drug distributor licensed by the Board of 2930 Pharmacy;

3031 (iii) manufacturer of drug products licensed by the 31 Board of Pharmacy;

02 (iv) pharmacist licensed by the Board of Pharmacy;

or 0203 (v) health care professional licensed by the state;

or 0304 (2) less than 24 grams of ephedrine, pseudoephedrine, 0405 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 0506 kept in a locked storage area on the premises of a legitimate business or nonprofit 0607 organization operating a camp, lodge, school, day care center, treatment center, or 0708 other organized group activity, and the location or nature of the activity, or the age of 0809 the participants, makes it impractical for the participants in the activity to obtain 0910 medicinal products.

1011 (c) In this section, "listed chemical" means a chemical described under 1112 AS 11.71.200.

1213 (d) Misconduct involving a controlled substance in the second degree is a 1314 class A felony.

1415 * Sec.

1516 (a) Except as authorized in AS 17.30, a person commits the crime of 1617 misconduct involving a controlled substance in the third [SECOND] degree if the 1718 person 1819 (1) manufactures or delivers, or possesses with intent to manufacture 1920 or deliver, 2021 (A) one or more preparations, compounds, mixtures, or 2122 substances of an aggregate weight of one gram or more containing a schedule 2223 IA controlled substance;

2324 (B) 25 or more tablets, ampules, or syrettes containing a 2425 schedule IA controlled substance;

2526 (C) one or more preparations, compounds, mixtures, or 2627 substances of an aggregate weight of 2.5 grams or more containing a schedule 2728 IIA or IIIA controlled substance;

or 2829 (D) 50 or more tablets, ampules, or syrettes containing a 2930 schedule IIA or IIIA controlled substance;

3031 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 31 substance to a person under 19 years of age who is at least three years younger than 02 the person delivering the substance;

0203 (3) possesses any amount of a schedule IA or IIA controlled substance 0304 (A) with reckless disregard that the possession occurs 0405 (i) on or within 500 feet of school grounds;

or 0506 (ii) at or within 500 feet of a recreation or youth center;

0607 or 0708 (B) on a school bus;

0809 (4) manufactures any material, compound, mixture, or preparation that 0910 contains 1011 (A) methamphetamine, or its salts, isomers, or salts of isomers;

1112 or 1213 (B) an immediate precursor of methamphetamine, or its salts, 1314 isomers, or salts of isomers;

1415 (5) possesses an immediate precursor of methamphetamine, or the 1516 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 1617 with the intent to manufacture any material, compound, mixture, or preparation that 1718 contains methamphetamine, or its salts, isomers, or salts of isomers;

1819 (6) possesses a listed chemical with intent to manufacture any material, 1920 compound, mixture, or preparation that contains 2021 (A) methamphetamine, or its salts, isomers, or salts of isomers;

2122 or 2223 (B) an immediate precursor of methamphetamine, or its salts, 2324 isomers, or salts of isomers;

2425 (7) possesses methamphetamine in an organic solution with intent to 2526 extract from it methamphetamine or its salts, isomers, or salts of isomers;

[OR] 2627 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 2728 delivers 2829 (A) an immediate precursor of methamphetamine, or the salts, 2930 isomers, or salts of isomers of the immediate precursor of methamphetamine, 3031 to another person with reckless disregard that the precursor will be used to 31 manufacture any material, compound, mixture, or preparation that contains 02 methamphetamine, or its salts, isomers, or salts of isomers;

or 0203 (B) a listed chemical to another person with reckless disregard 0304 that the listed chemical will be used to manufacture any material, compound, 0405 mixture, or preparation that contains 0506 (i) methamphetamine, or its salts, isomers, or salts of 0607 isomers;

0708 (ii) an immediate precursor of methamphetamine, or its 0809 salts, isomers, or salts of isomers;

or 0910 (iii) methamphetamine or its salts, isomers, or salts of 1011 isomers in an organic solution;

or 1112 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 1213 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 1314 substance or possesses any amount of a schedule IIA or IIIA controlled substance 1415 with intent to manufacture or deliver.

1516 * Sec.

1617 (d) Misconduct involving a controlled substance in the third [SECOND] 1718 degree is a class B felony.

1819 * Sec.

1920 (a) Except as authorized in AS 17.30, a person commits the crime of 2021 misconduct involving a controlled substance in the fourth [THIRD] degree if the 2122 person 2223 (1) manufactures or delivers any amount of a schedule IVA or VA 2324 controlled substance or possesses any amount of a schedule IVA or VA controlled 2425 substance with intent to manufacture or deliver;

2526 (2) manufactures or delivers, or possesses with the intent to 2627 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 2728 of an aggregate weight of one ounce or more containing a schedule VIA controlled 2829 substance;

2930 (3) possesses 3031 (A) any amount of a 31 (i) schedule IA controlled substance [LISTED IN 02 AS 11.71.140(e)];

0203 (ii) IIA controlled substance except a controlled 0304 substance listed in AS 11.71.150(e)(11) - (15);

0405 (B) 25 or more tablets, ampules, or syrettes containing a 0506 schedule IIIA or IVA controlled substance;

0607 (C) one or more preparations, compounds, mixtures, or 0708 substances of an aggregate weight of 0809 (i) three grams or more containing a schedule IIIA 0910 or IVA controlled substance except a controlled substance in a 1011 form listed in (ii) of this subparagraph;

1112 (ii) 12 grams or more containing a schedule IIIA 1213 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 1314 sprayed on or otherwise applied to tobacco, an herb, or another 1415 organic material;

or 1516 (iii) 500 milligrams or more of a schedule IIA 1617 controlled substance listed in AS 11.71.150(e)(11) - (15);

1718 (D) 50 or more tablets, ampules, or syrettes containing a 1819 schedule VA controlled substance;

1920 (E) one or more preparations, compounds, mixtures, or 2021 substances of an aggregate weight of six grams or more containing a 2122 schedule VA controlled substance;

2223 (F) one or more preparations, compounds, mixtures, or 2324 substances of an aggregate weight of four ounces or more containing a 2425 schedule VIA controlled substance;

or 2526 (G) 25 or more plants of the genus cannabis;

2627 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 2728 (A) with reckless disregard that the possession occurs 2829 (i) on or within 500 feet of school grounds;

or 2930 (ii) at or within 500 feet of a recreation or youth center;

3031 or 31 (B) on a school bus;

02 (5) knowingly keeps or maintains any store, shop, warehouse, 0203 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 0304 keeping or distributing controlled substances in violation of a felony offense under this 0405 chapter or AS 17.30;

0506 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 0607 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 0708 mark, imprint, or device of another or any likeness of any of these on a drug, drug 0809 container, or labeling so as to render the drug a counterfeit substance;

0910 (7) knowingly uses in the course of the manufacture or distribution of a 1011 controlled substance a registration number that is fictitious, revoked, suspended, or 1112 issued to another person;

1213 (8) knowingly furnishes false or fraudulent information in or omits 1314 material information from any application, report, record, or other document required 1415 to be kept or filed under AS 17.30;

1516 (9) obtains possession of a controlled substance by misrepresentation, 1617 fraud, forgery, deception, or subterfuge;

1718 (10) affixes a false or forged label to a package or other container 1819 containing any controlled substance;

or 1920 (11) manufactures or delivers, or possesses with the intent to 2021 manufacture or deliver, 2122 (A) one or more preparations, compounds, mixtures, or 2223 substances of an aggregate weight of less than one gram containing a schedule 2324 IA controlled substance;

2425 (B) less than 25 tablets, ampules, or syrettes containing a 2526 schedule IA controlled substance;

2627 (C) one or more preparations, compounds, mixtures, or 2728 substances of an aggregate weight of less than 2.5 grams containing a schedule 2829 IIA or IIIA controlled substance;

or 2930 (D) less than 50 tablets, ampules, or syrettes containing a 3031 schedule IIA or IIIA controlled substance.

31 * Sec.

02 (d) Misconduct involving a controlled substance in the fourth [THIRD] 0203 degree is a class C felony.

0304 * Sec.

0405 Sec.

Misconduct involving a controlled substance in the fifth 0506 [FOURTH] degree.

(a) Except as authorized in AS 17.30, a person commits the 0607 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if 0708 the person 0809 (1) manufactures or delivers, or possesses with the intent to 0910 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 1011 of an aggregate weight of less than one ounce containing a schedule VIA controlled 1112 substance;

1213 (2) [REPEALED] 1314 (3) fails to make, keep, or furnish any record, notification, order form, 1415 statement, invoice, or information required under AS 17.30;

[OR] 1516 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 1617 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a 1718 schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance;

or 1819 (5) possesses 1920 (A) less than 25 tablets, ampules, or syrettes containing a 2021 schedule IIIA or IVA controlled substance;

2122 (B) one or more preparations, compounds, mixtures, or 2223 substances of an aggregate weight of less than 2324 (i) three grams containing a schedule IIIA or IVA 2425 controlled substance except a controlled substance in a form listed 2526 in (ii) of this subparagraph;

2627 (ii) 12 grams but more than six grams containing a 2728 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 2829 (16) that has been sprayed on or otherwise applied to tobacco, an 2930 herb, or another organic material;

or 3031 (iii) 500 milligrams containing a schedule IIA 31 controlled substance listed in AS 11.71.150(e)(11) - (15);

02 (C) less than 50 tablets, ampules, or syrettes containing a 0203 schedule VA controlled substance;

0304 (D) one or more preparations, compounds, mixtures, or 0405 substances of an aggregate weight of less than six grams containing a 0506 schedule VA controlled substance;

or 0607 (E) one or more preparations, compounds, mixtures, or 0708 substances of an aggregate weight of one ounce or more containing a 0809 schedule VIA controlled substance.

0910 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 1011 degree is a class A misdemeanor.

1112 * Sec.

1213 Sec.

Misconduct involving a controlled substance in the sixth 1314 [FIFTH] degree.

(a) Except as authorized in AS 17.30, a person commits the crime of 1415 misconduct involving a controlled substance in the sixth [FIFTH] degree if the person 1516 (1) uses or displays any amount of a schedule VIA controlled 1617 substance;

1718 (2) possesses one or more preparations, compounds, mixtures, or 1819 substances of an aggregate weight of 1920 (A) less than one ounce containing a schedule VIA controlled 2021 substance;

2122 (B) six grams or less containing a schedule IIIA controlled 2223 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 2324 otherwise applied to tobacco, an herb, or another organic material;

or 2425 (3) refuses entry into a premise for an inspection authorized under 2526 AS 17.30.

2627 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 2728 is a class B misdemeanor.

2829 * Sec.

2930 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 3031 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if 31 that person 02 (1) sought, in good faith, medical or law enforcement assistance for 0203 another person who the person reasonably believed was experiencing a drug overdose 0304 and 0405 (A) the evidence supporting the prosecution for an offense 0506 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 0607 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 0708 result of the person seeking medical or law enforcement assistance;

0809 (B) the person remained at the scene with the other person until 0910 medical or law enforcement assistance arrived;

and 1011 (C) the person cooperated with medical or law enforcement 1112 personnel, including by providing identification;

1213 (2) was experiencing a drug overdose and sought medical assistance, 1314 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 1415 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) 1516 was obtained as a result of the overdose and the need for medical assistance.

1617 * Sec.

1718 (a) A person arrested shall be taken before a judge or magistrate without 1819 unnecessary delay, and in any event within 48 [24] hours after arrest, [ABSENT 1920 COMPELLING CIRCUMSTANCES,] including Sundays and holidays.

[THE 2021 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 2122 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 2223 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 2324 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 2425 HEARING BEYOND 24 HOURS.

THE HEARING BEFORE THE JUDGE OR 2526 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 2627 ARREST.] This requirement applies to municipal police officers to the same extent as 2728 it does to state troopers.

2829 * Sec.

2930 (a) When a peace officer stops or contacts a person for the commission of [A 3031 CLASS C FELONY OFFENSE,] a misdemeanor [,] or the violation of a municipal 31 ordinance, the officer may, in the officer's discretion, issue a citation to the person 02 instead of taking the person before a judge or magistrate under AS 12.25.150, unless 0203 [EXCEPT THE OFFICER MAY ARREST IF] 0304 (1) the person does not furnish satisfactory evidence of identity;

0405 (2) the peace officer reasonably believes the person is a danger to self 0506 or others;

0607 (3) the crime for which the person is contacted is one involving 0708 violence or harm to another person or to property;

0809 (4) the person asks to be taken before a judge or magistrate under 0910 AS 12.25.150;

or 1011 (5) the peace officer has probable cause to believe the person 1112 committed a crime involving domestic violence;

in this paragraph, "crime involving 1213 domestic violence" has the meaning given in AS 18.66.990.

1314 * Sec.

1415 (b) When a peace officer stops or contacts a person for the commission of an 1516 infraction or a violation, the officer shall issue a citation instead of taking the person 1617 before a judge or magistrate under AS 12.25.150, unless [EXCEPT THE OFFICER 1718 MAY ARREST IF] 1819 (1) the person does not furnish satisfactory evidence of identity;

or 1920 (2) the person refuses to accept service of the citation [;

OR 2021 (3) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 2122 THE PERSON HAS COMMITTED 2223 (A) A VIOLATION OF CONDITIONS OF RELEASE 2324 UNDER AS 11.56.757;

OR 2425 (B) THE OFFENSE OF FAILURE TO APPEAR UNDER 2526 AS 11.56.730].

2627 * Sec.

2728 (b) The time specified in the notice to appear shall be at least five [TWO] 2829 working days after the issuance of the citation [UNDER AS 12.25.180(a)].

2930 * Sec.

3031 (b) At the first appearance before a judicial officer, a person who is charged 31 with a felony may be detained up to 48 hours for the prosecuting authority to 02 demonstrate that release of the person under AS 12.30.011 would not reasonably 0203 ensure the appearance of the person or will pose a danger to the victim, other persons, 0304 or the community [, IF THE PERSON HAS 0405 (1) BEEN CHARGED WITH AN UNCLASSIFIED, CLASS A, 0506 CLASS B, OR CLASS C FELONY;

OR 0607 (2) A CRIMINAL CONVICTION OR CHARGE OUTSIDE THE 0708 STATE THAT HAS NOT BEEN USED IN DETERMINING THE PERSON'S RISK 0809 LEVEL IN THE PRETRIAL RISK ASSESSMENT UNDER AS 33.07].

0910 * Sec.

1011 (c) A person who remains in custody 48 hours after appearing before a judicial 1112 officer because of inability to meet the conditions of release shall, upon application, be 1213 entitled to have the conditions reviewed by the judicial officer who imposed them.

If 1314 the judicial officer who imposed the conditions of release is not available, any judicial 1415 officer in the judicial district may review the conditions.

[UPON REVIEW OF THE 1516 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 1617 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 1718 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 1819 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 1920 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 2021 (1) APPEARANCE OF THE PERSON IN COURT;

AND 2122 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 2223 COMMUNITY.] 2324 * Sec.

2425 (d) If a person remains in custody after review of conditions by a judicial 2526 officer under (c) of this section, the person may request a subsequent review of 2627 conditions.

Unless the prosecuting authority stipulates otherwise or the person has 2728 been incarcerated for a period equal to the maximum sentence for the most serious 2829 charge for which the person is being held, a judicial officer may not schedule a bail 2930 review hearing under this subsection unless 3031 (1) the person provides to the court and the prosecuting authority a 31 written statement that new information not considered at the previous review will be 02 presented at the hearing;

the statement must include a description of the information 0203 and the reason the information was not presented at a previous hearing;

in this 0304 paragraph, "new information" does not include [INCLUDES] the [PERSON'S] 0405 inability to post the required bail;

0506 (2) the prosecuting authority and any surety, if applicable, have at least 0607 48 hours' [HOURS"] written notice before the time set for the review requested under 07 this 08 subsection;

and 0809 (3) at least seven days have elapsed between the previous review and 0910 the time set for the requested review [;

HOWEVER, A PERSON MAY RECEIVE 1011 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY].

1112 * Sec.

1213 (f) The judicial officer shall issue written or oral findings that explain the 1314 reasons the officer imposed the particular conditions of release or modifications or 1415 additions to conditions previously imposed.

The judicial officer shall inform the 1516 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER 1617 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's 1718 order establishing conditions of release.

1819 * Sec.

1920 Sec.

(a) Except as otherwise provided in this 2021 chapter, a judicial officer shall order a person charged with an offense to be released 2122 on the person's personal recognizance or upon execution of an unsecured appearance 2223 bond, on the condition that the person 2324 (1) obey all court orders and all federal, state, and local laws;

2425 (2) appear in court when ordered;

2526 (3) if represented, maintain contact with the person's lawyer;

and 2627 (4) notify the person's lawyer, who shall notify the prosecuting 2728 authority and the court, not more than 24 hours after the person changes residence.

2829 (b) If a judicial officer determines that the release under (a) of this section will 2930 not reasonably ensure the appearance of the person or will pose a danger to the victim, 3031 other persons, or the community, the officer shall impose the least restrictive condition 31 or conditions that will reasonably ensure the person's appearance and protect the 02 victim, other persons, and the community.

In addition to conditions under (a) of this 0203 section, the judicial officer may, singly or in combination, 0304 (1) require the execution of an appearance bond in a specified amount 0405 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 0506 of the amount of the bond;

0607 (2) require the execution of a bail bond with sufficient solvent sureties 0708 or the deposit of cash;

0809 (3) require the execution of a performance bond in a specified amount 0910 of cash to be deposited in the registry of the court;

1011 (4) place restrictions on the person's travel, association, or residence;

1112 (5) order the person to refrain from possessing a deadly weapon on the 1213 person or in the person's vehicle or residence;

1314 (6) require the person to maintain employment or, if unemployed, 1415 actively seek employment;

1516 (7) require the person to notify the person's lawyer and the prosecuting 1617 authority within two business days after any change in employment;

1718 (8) require the person to avoid all contact with a victim, a potential 1819 witness, or a codefendant;

1920 (9) require the person to refrain from the consumption and possession 2021 of alcoholic beverages;

2122 (10) require the person to refrain from the use of a controlled substance 2223 as defined by AS 11.71, unless prescribed by a licensed health care provider with 2324 prescriptive authority;

2425 (11) require the person to be physically inside the person's residence, 2526 or in the residence of the person's third-party custodian, at times set by the court;

2627 (12) require the person to keep regular contact with a law enforcement 2728 officer or agency;

2829 (13) order the person to refrain from entering or remaining in premises 2930 licensed under AS 04;

3031 (14) place the person in the custody of an individual who agrees to 31 serve as a third-party custodian of the person as provided in AS 12.30.021;

02 (15) if the person is under the treatment of a licensed health care 0203 provider, order the person to follow the provider's treatment recommendations;

0304 (16) order the person to take medication that has been prescribed for 0405 the person by a licensed health care provider with prescriptive authority;

0506 (17) order the person to comply with any other condition that is 0607 reasonably necessary to ensure the appearance of the person and to ensure the safety 0708 of the victim, other persons, and the community;

0809 (18) require the person to comply with a program established under 0910 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 1011 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 1112 or a crime involving domestic violence.

1213 (c) In determining the conditions of release under this chapter, the court shall 1314 consider the following:

1415 (1) the nature and circumstances of the offense charged;

1516 (2) the weight of the evidence against the person;

1617 (3) the nature and extent of the person's family ties and relationships;

1718 (4) the person's employment status and history;

1819 (5) the length and character of the person's past and present residence;

1920 (6) the person's record of convictions;

2021 (7) the person's record of appearance at court proceedings;

2122 (8) assets available to the person to meet monetary conditions of 2223 release;

2324 (9) the person's reputation, character, and mental condition;

2425 (10) the effect of the offense on the victim, any threats made to the 2526 victim, and the danger that the person poses to the victim;

2627 (11) any other facts that are relevant to the person's appearance or the 2728 person's danger to the victim, other persons, or the community.

2829 (d) In making a finding regarding the release of a person under this chapter, 2930 (1) except as otherwise provided in this chapter, the burden of proof is 3031 on the prosecuting authority that a person charged with an offense should be detained 31 or released with conditions described in (b) of this section or AS 12.30.016;

02 (2) there is a rebuttable presumption that thereno iscondition aor substantialcombination risk03 thatof 02conditions thewill personreasonably willensure notthe appearappearance andof the person posesor athe dangersafety toof the 04 victim, other persons, 03 or the community, if the person is 0405 (A) charged with an unclassified felony, a class A felony, a 0506 sexual felony, or a felony under AS 28.35.030 or 28.35.032;

0607 (B) charged with a felony crime against a person under 0708 AS 11.41, was previously convicted of a felony crime against a person under 0809 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 0910 five years have elapsed between the date of the person's unconditional 1011 discharge on the immediately preceding offense and the commission of the 1112 present offense;

1213 (C) charged with a felony offense committed while the person 1314 was on release under this chapter for a charge or conviction of another offense;

1415 (D) charged with a crime involving domestic violence, and has 1516 been convicted in the previous five years of a crime involving domestic 1617 violence in this state or a similar offense in another jurisdiction;

1718 (E) arrested in connection with an accusation that the person 1819 committed a felony outside the state or is a fugitive from justice from another 1920 jurisdiction, and the court is considering release under AS 12.70.

2021 * Sec.

2122 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 2223 AS 28.35.030, or 28.35.032, a judicial officer may order the person 2324 (1) to refrain from 2425 (A) consuming alcoholic beverages;

or 2526 (B) possessing on the person, in the person's residence, or in 2627 any vehicle or other property over which the person has control, alcoholic 2728 beverages;

2829 (2) to submit to a search without a warrant of the person, the person's 2930 personal property, the person's residence, or any vehicle or other property over which 3031 the person has control, for the presence of alcoholic beverages by a peace officer [OR 31 PRETRIAL SERVICES OFFICER] who has reasonable suspicion that the person is 02 violating the conditions of the person's release by possessing alcoholic beverages;

0203 (3) to submit to a breath test when requested by a law enforcement 0304 officer [OR PRETRIAL SERVICES OFFICER];

0405 (4) to provide a sample for a urinalysis or blood test when requested by 0506 a law enforcement officer [OR PRETRIAL SERVICES OFFICER];

0607 (5) to take a drug or combination of drugs intended to prevent 0708 substance abuse;

0809 (6) to follow any treatment plan imposed by the court under 0910 AS 28.35.028;

1011 (7) to comply with a program established under AS 47.38.020.

1112 * Sec.

1213 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 1314 officer may order the person 1415 (1) to refrain from 1516 (A) consuming a controlled substance;

or 1617 (B) possessing on the person, in the person's residence, or in 1718 any vehicle or other property over which the person has control, a controlled 1819 substance or drug paraphernalia;

1920 (2) to submit to a search without a warrant of the person, the person's 2021 personal property, the person's residence, or any vehicle or other property over which 2122 the person has control, for the presence of a controlled substance or drug paraphernalia 2223 by a peace officer [OR PRETRIAL SERVICES OFFICER] who has reasonable 2324 suspicion that the person is violating the terms of the person's release by possessing 2425 controlled substances or drug paraphernalia;

2526 (3) to enroll in a random drug testing program, at the person's expense, 2627 [WITH TESTING TO OCCUR NOT LESS THAN ONCE A WEEK, OR TO 2728 SUBMIT TO RANDOM DRUG TESTING BY THE PRETRIAL SERVICES 2829 OFFICE IN THE DEPARTMENT OF CORRECTIONS] to detect the presence of a 2930 controlled substance, with testing to occur not less than once a week, and with the 3031 results being submitted to the court and the prosecuting authority;

31 (4) to refrain from entering or remaining in a place where a controlled 02 substance is being used, manufactured, grown, or distributed;

0203 (5) to refrain from being physically present at, within a two-block area 0304 of, or within a designated area near, the location where the alleged offense occurred or 0405 at other designated places, unless the person actually resides within that area;

0506 (6) to refrain from the use or possession of an inhalant;

or 0607 (7) to comply with a program established under AS 47.38.020.

0708 * Sec.

0809 (g) In a prosecution charging misconduct involving a controlled substance 0910 under AS 11.71.021(a)(2) for the manufacture of methamphetamine, or its salts, 1011 isomers, or salts of isomers, if the person has been previously convicted in this or 1112 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 1213 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 1314 require the posting of a minimum of $250,000 cash bond before the person may be 1415 released.

The judicial officer may reduce this requirement if the person proves to the 1516 satisfaction of the officer that the person's only role in the offense was as an aider or 1617 abettor and that the person did not stand to benefit financially from the manufacturing.

1718 * Sec.

1819 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 1920 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 2021 RECORD,] that the appointment will, singly or in combination with other 2122 conditions, 2223 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 2324 AVAILABLE IN THE PERSON'S LOCATION;

2425 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 2526 HAVE BEEN ORDERED;

AND 2627 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 2728 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 2829 the victim, other persons, and the community.

2930 * Sec.

3031 (c) A judicial officer may not appoint a person as a third-party custodian if 31 (1) the proposed custodian is acting as a third-party custodian for 02 another person;

0203 (2) the proposed custodian has been convicted in the previous three 0304 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;

0405 (3) criminal charges are pending in this state or another jurisdiction 0506 against the proposed custodian;

0607 (4) the proposed custodian is on probation in this state or another 0708 jurisdiction for an offense;

0809 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 0910 STATE WILL CALL] the proposed custodian may be called as a witness in the 1011 prosecution of the person;

1112 (6) the proposed custodian resides out of state;

however, a nonresident 1213 may serve as a custodian if the nonresident resides in the state while serving as 1314 custodian.

1415 * Sec.

1516 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 1617 sentence on a defendant convicted of an offense, may singly or in combination 1718 (1) impose a fine when authorized by law and as provided in 1819 AS 12.55.035;

1920 (2) order the defendant to be placed on probation under conditions 2021 specified by the court that may include provision for active supervision;

2122 (3) impose a definite term of periodic imprisonment, but only if an 2223 employment obligation of the defendant preexisted sentencing and the defendant 2324 receives a composite sentence of not more than two years to serve;

2425 (4) impose a definite term of continuous imprisonment;

2526 (5) order the defendant to make restitution under AS 12.55.045;

2627 (6) order the defendant to carry out a continuous or periodic program 2728 of community work under AS 12.55.055;

2829 (7) suspend execution of all or a portion of the sentence imposed under 2930 AS 12.55.080;

3031 (8) suspend [ENTRY OF JUDGMENT UNDER AS 12.55.078 OR 31 SUSPEND] imposition of sentence under AS 12.55.085;

02 (9) order the forfeiture to the commissioner of public safety or a 0203 municipal law enforcement agency of a deadly weapon that was in the actual 0304 possession of or used by the defendant during the commission of an offense described 0405 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;

0506 (10) order the defendant, while incarcerated, to participate in or 0607 comply with the treatment plan of a rehabilitation program that is related to the 0708 defendant's offense or to the defendant's rehabilitation if the program is made available 0809 to the defendant by the Department of Corrections;

0910 (11) order the forfeiture to the state of a motor vehicle, weapon, 1011 electronic communication device, or money or other valuables, used in or obtained 1112 through an offense that was committed for the benefit of, at the direction of, or in 1213 association with a criminal street gang;

1314 (12) order the defendant to have no contact, either directly or 1415 indirectly, with a victim or witness of the offense until the defendant is 1516 unconditionally discharged;

1617 (13) order the defendant to refrain from consuming alcoholic 1718 beverages for a period of time.

1819 * Sec.

1920 (c) Except as provided in (d) of this section, when a defendant is sentenced to 2021 imprisonment, the term of confinement commences on the date of imposition of 2122 sentence unless the court specifically provides that the defendant must report to serve 2223 the sentence on another date.

If the court provides another date to begin the term of 2324 confinement, the court shall provide the defendant with written notice of the date, 2425 time, and location of the correctional facility to which the defendant must report.

A 2526 defendant shall receive credit for time spent in custody pending trial, sentencing, or 2627 appeal, if the detention was in connection with the offense for which sentence was 2728 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 2829 PROVIDED IN AS 12.55.110].

A defendant may not receive credit for more than the 2930 actual time spent in custody pending trial, sentencing, or appeal.

The time during 3031 which a defendant is voluntarily absent from official detention after the defendant has 31 been sentenced may not be credited toward service of the sentence.

02 * Sec.

0203 (a) A court may grant a defendant credit toward a sentence of imprisonment 0304 for time spent in a treatment program or under electronic monitoring only as 0405 provided in [THAT FURTHERS THE REFORMATION AND REHABILITATION 0506 OF THE DEFENDANT IF THE COURT FINDS THAT THE PROGRAM PLACES 0607 A SUBSTANTIAL RESTRICTION ON THE DEFENDANT'S FREEDOM OF 0708 MOVEMENT AND BEHAVIOR AND IS CONSISTENT WITH] this section.

0809 * Sec.

0910 (b) A court may grant a defendant one day of credit toward a sentence of 1011 imprisonment for each full day the defendant resided in the facility of a treatment 1112 program and observed the rules of the treatment program and the facility if 1213 (1) the court finds that the treatment program meets the standards 1314 described in (c) of this section;

1415 (2) before the defendant entered the treatment program, the court 1516 ordered the defendant to reside in the facility of the treatment program and participate 1617 in the treatment program as a condition of bail release or a condition of probation;

and 1718 (3) the court has received a written report from the director of the 1819 program that 1920 (A) states that the defendant has participated in the treatment 2021 plan prescribed for the defendant and has complied with the requirements of 2122 the plan;

and 2223 (B) sets out the number of full days the defendant resided in the 2324 facility of the treatment program and observed the rules of the treatment 2425 program and facility.

2526 * Sec.

2627 (c) To qualify for credit against a sentence of imprisonment for a day spent in 2728 a treatment program, the treatment program and the facility of the treatment program 2829 must impose substantial restrictions on a person's liberty on that day that are 2930 equivalent to incarceration, including the requirement that a participant in the program 3031 (1) must live in a residential facility operated by the program;

31 (2) must be confined at all times to the grounds of the facility or be in 02 the physical custody of an employee of the facility, except for 0203 (A) court appearances;

0304 (B) meetings with counsel;

0405 (C) employment, vocational training, or community volunteer 0506 work required by the treatment program;

and 0607 (D) periods during which the resident is permitted to leave the 0708 facility for rehabilitative purposes directly related to the person's treatment, so 0809 long as the periods during which the resident is permitted to leave the facility 0910 are expressly limited as to both time and purpose by the treatment program;

1011 (3) is subject to disciplinary sanctions by the program if the participant 1112 violates rules of the program and facility;

sanctions must be in writing and available 1213 for court review;

and 1314 (4) is subject to immediate arrest, without warrant, if the participant 1415 leaves the facility without permission.

1516 * Sec.

1617 (l) An order by the court that the defendant pay restitution is a civil judgment 1718 for the amount of the restitution.

An order by the court that the defendant pay 1819 restitution when the court [SUSPENDS ENTRY OF JUDGMENT UNDER 1920 AS 12.55.078 OR] suspends imposition of sentence under AS 12.55.085 is a civil 2021 judgment for the amount of the restitution and remains enforceable and is not 2122 discharged when [THE PROCEEDING IS DISMISSED UNDER AS 12.55.078 OR] a 2223 conviction is set aside under AS 12.55.085.

The victim or the state on behalf of the 2324 victim may enforce the judgment through any procedure authorized by law for the 2425 enforcement of a civil judgment.

If the victim enforces or collects restitution through 2526 civil process, collection costs and full reasonable attorney fees shall be awarded.

If the 2627 state on the victim's behalf enforces or collects restitution through civil process, 2728 collection costs and full reasonable attorney fees shall be awarded, up to a maximum 2829 of twice the amount of restitution owing at the time the civil process was initiated.

2930 This section does not limit the authority of the court to enforce orders of restitution.

3031 * Sec.

31 (a) If the defendant defaults in the payment of a fine or any installment or of 02 restitution or any installment, the court may order the defendant to show cause why 0203 the defendant should not be sentenced to imprisonment for nonpayment and, if the 0304 payment was made a condition of the defendant's probation, may revoke the probation 0405 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110].

In a 0506 contempt or probation revocation proceeding brought as a result of failure to pay a 0607 fine or restitution, it is an affirmative defense that the defendant was unable to pay 0708 despite having made continuing good faith efforts to pay the fine or restitution.

If the 0809 court finds that the defendant was unable to pay despite having made continuing good 0910 faith efforts, the defendant may not be imprisoned solely because of the inability to 1011 pay.

If the court does not find that the default was attributable to the defendant's 1112 inability to pay despite having made continuing good faith efforts to pay the fine or 1213 restitution, the court may order the defendant imprisoned until the order of the court 1314 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110].

A term of 1415 imprisonment imposed under this section may not exceed one day for each $50 of the 1516 unpaid portion of the fine or restitution or one year, whichever is shorter.

Credit shall 1617 be given toward satisfaction of the order of the court for every day a person is 1718 incarcerated for nonpayment of a fine or restitution.

1819 * Sec.

1920 (a) The court may order a defendant convicted of an offense to perform 2021 community work as a condition of probation, a suspended sentence, or suspended 2122 imposition of sentence, [OR SUSPENDED ENTRY OF JUDGMENT,] or in addition 2223 to any fine or restitution ordered.

If the defendant is sentenced to imprisonment, the 2324 court may recommend to the Department of Corrections that the defendant perform 2425 community work.

2526 * Sec.

2627 (c) The court may offer a defendant convicted of an offense the option of 2728 performing community work in lieu of a fine, surcharge, or portion of a fine or 2829 surcharge if the court finds the defendant is unable to pay the fine.

The value of 2930 community work in lieu of a fine is $3 [THE STATE'S MINIMUM WAGE] for each 3031 hour.

31 * Sec.

02 (b) Except as otherwise provided in (f) of this section, the court may revoke or 0203 modify any condition of probation or may [,] change the period of probation [, OR 0304 TERMINATE PROBATION AND DISCHARGE THE DEFENDANT FROM 0405 PROBATION].

0506 * Sec.

0607 (c) The period of probation, together with any extension, may not exceed 0708 (1) 25 [15] years for a felony sex offense;

or 0809 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 0910 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;

1011 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 1112 OR (2) OF THIS SUBSECTION;

1213 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 1314 (A) UNDER AS 11.41;

1415 (B) THAT IS A CRIME INVOLVING DOMESTIC 1516 VIOLENCE;

OR 1617 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 1718 DEFINED IN AS 12.63.100;

1819 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 1920 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 2021 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 2122 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION;

OR 2223 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 2324 THIS SUBSECTION].

2425 * Sec.

2526 (f) Unless the defendant and the prosecuting authority agree at the probation 2627 revocation proceeding or other proceeding [RELATED TO A PROBATION 2728 VIOLATION, THE PERSON QUALIFIES FOR A REDUCTION UNDER 2829 AS 33.05.020(h), OR A PROBATION OFFICER RECOMMENDS TO THE COURT 2930 THAT PROBATION BE TERMINATED AND THE DEFENDANT BE 3031 DISCHARGED FROM PROBATION UNDER (g) OF THIS SECTION OR 31 AS 33.05.040], the court may not reduce the specific period of probation or the 02 specific term of suspended incarceration except by the amount of incarceration 0203 imposed for a probation violation, if 0304 (1) the sentence was imposed in accordance with a plea agreement 0405 under Rule 11, Alaska Rules of Criminal Procedure;

and 0506 (2) the agreement required a specific period of probation or a specific 0607 term of suspended incarceration.

0708 * Sec.

0809 (c) Except as provided in (i) of this section, a defendant convicted of a class A 0910 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 1011 and shall be sentenced to a definite term within the following presumptive ranges, 1112 subject to adjustment as provided in AS 12.55.155 - 12.55.175:

1213 (1) if the offense is a first felony conviction and does not involve 1314 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years;

1415 (2) if the offense is a first felony conviction 1516 (A) and the defendant 1617 [(A)] possessed a firearm, used a dangerous instrument, or 1718 caused serious physical injury or death during the commission of the offense, 1819 [FIVE TO NINE YEARS;] or 1920 [(B)] knowingly directed the conduct constituting the offense at 2021 a uniformed or otherwise clearly identified peace officer, firefighter, 2122 correctional employee, emergency medical technician, paramedic, ambulance 2223 attendant, or other emergency responder who was engaged in the performance 2324 of official duties at the time of the offense, seven to 11 years;

2425 (B) and the conviction is for manufacturing related to 2526 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 2627 (i) the manufacturing occurred in a building with 2728 reckless disregard that the building was used as a permanent or 2829 temporary home or place of lodging for one or more children 2930 under 18 years of age or the building was a place frequented by 3031 children;

or 31 (ii) in the course of manufacturing or in preparation 02 for manufacturing, the defendant obtained the assistance of one or 0203 more children under 18 years of age or one or more children were 0304 present;

0405 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 0506 years;

0607 (4) if the offense is a third felony conviction and the defendant is not 0708 subject to sentencing under (l) of this section, 15 [13] to 20 years.

0809 * Sec.

0910 (d) Except as provided in (i) of this section, a defendant convicted of a class B 1011 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 1112 and shall be sentenced to a definite term within the following presumptive ranges, 1213 subject to adjustment as provided in AS 12.55.155 - 12.55.175:

1314 (1) if the offense is a first felony conviction and does not involve 1415 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;

1516 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 1617 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 1718 probation under AS 12.55.086, the defendant is required to serve an active term 1819 of imprisonment within the range specified in this paragraph, unless the court 1920 finds that a mitigation factor under AS 12.55.155 applies;

2021 (2) if the offense is a first felony conviction, 2122 (A) the defendant violated AS 11.41.130, and the victim was 2223 [(A)] a child under 16 years of age, two to four years;

[OR] 2324 (B) two to four years if the conviction is for attempt, 2425 solicitation, or conspiracy to manufacture related to methamphetamine 2526 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 2627 (i) the attempted manufacturing occurred, or the 2728 solicited or conspired offense was to have occurred, in a building 2829 with reckless disregard that the building was used as a permanent 2930 or temporary home or place of lodging for one or more children 3031 under 18 years of age or the building was a place frequented by 31 children;

or 02 (ii) in the course of an attempt to manufacture, the 0203 defendant obtained the assistance of one or more children under 18 0304 years of age or one or more children were present [WAS 16 YEARS 0405 OF AGE OR OLDER, ONE TO THREE YEARS];

0506 (3) if the offense is a second felony conviction, four [TWO] to seven 0607 [FIVE] years;

0708 (4) if the offense is a third felony conviction, six [FOUR] to 10 years.

0809 * Sec.

0910 (e) Except as provided in (i) of this section, a defendant convicted of a class C 1011 felony may be sentenced to a definite term of imprisonment of not more than five 1112 years, and shall be sentenced to a definite term within the following presumptive 1213 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

1314 (1) if the offense is a first felony conviction and does not involve 1415 circumstances described in (4) of this subsection, zero to two years;

a defendant 1516 sentenced under this paragraph may, if the court finds it appropriate, be granted a 1617 suspended imposition of sentence under AS 12.55.085, and the court may, as a 1718 condition of probation under AS 12.55.086, require the defendant to serve an active 1819 term of imprisonment within the range specified in this paragraph;

1920 (2) if the offense is a second felony conviction, two [ONE] to four 2021 years;

2122 (3) if the offense is a third felony conviction, three [TWO] to five 2223 years;

2324 (4) if the offense is a first felony conviction, and the defendant violated 2425 AS 08.54.720(a)(15), one to two years.

2526 * Sec.

2627 (q) Other than for convictions subject to a mandatory 99-year sentence, the 2728 court shall impose, in addition to an active term of imprisonment imposed under (i) of 2829 this section, a minimum period of (1) suspended imprisonment of five years and a 2930 minimum period of probation supervision of 15 years for conviction of an unclassified 3031 felony, (2) suspended imprisonment of three years and a minimum period of probation 31 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 02 imprisonment of two years and a minimum period of probation supervision of five 0203 years for conviction of a class C felony.

The period of probation is in addition to any 0304 sentence received under (i) of this section and may not be suspended or reduced.

0405 Upon a defendant's release from confinement in a correctional facility, the 0506 defendant is subject to this probation requirement and shall submit and comply 0607 with the terms and requirements of the probation.

0708 * Sec.

0809 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 0910 definite term of imprisonment of not more than 1011 [(1)] one year [, IF THE 1112 (A) CONVICTION IS FOR A CRIME WITH A 1213 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 1314 IMPRISONMENT;

1415 (B) TRIER OF FACT FINDS THE AGGRAVATING 1516 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 1617 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 1718 DEFINITION OF THE OFFENSE;

1819 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 1920 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 2021 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 2122 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;

2223 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 2324 DEGREE UNDER AS 11.41.230;

OR 2425 (E) CONVICTION IS FOR A VIOLATION OF 2526 (i) AS 11.41.427;

2627 (ii) AS 11.41.440;

2728 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 2829 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;

2930 (iv) AS 11.61.116(c)(2);

OR 3031 (v) AS 11.61.118(a)(2);

31 (2) 30 DAYS].

02 * Sec.

0203 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 0304 definite term of imprisonment of not more than 90 0405 [(1) 10] days unless otherwise specified in the provision of law 0506 defining the offense [OR IN THIS SECTION;

0607 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 0708 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 0809 OF AGE OR OLDER;

OR 0910 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 1011 AGE OR OLDER;

OR 1112 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 1213 AS 11.56.757].

1314 * Sec.

1415 (q) A court may not impose a sentence of imprisonment or suspended 1516 imprisonment for possession of marijuana in violation of AS 11.71.060 if the 1617 defendant alleges, and the court finds, that the defendant was not under formal or 1718 informal probation or parole conditions in this or another jurisdiction at the time of the 1819 offense;

that the defendant possessed the marijuana for the defendant's personal use 1920 within the defendant's permanent or temporary residence;

and that the defendant has 2021 not been previously convicted more than once in this or another jurisdiction for 2122 possession of marijuana.

If the defendant has not been previously convicted as 2223 described in this subsection, the maximum unsuspended fine that the court may 2324 impose is $500.

If the defendant has been previously convicted once as described in 2425 this subsection, the maximum unsuspended fine that the court may impose is $1,000.

2526 In this subsection, 2627 (1) "permanent or temporary residence" means a permanent structure 2728 adopted for overnight accommodation;

"permanent or temporary residence" does not 2829 include 2930 (A) vehicles, tents, prisons or other correctional facilities, 3031 residential treatment facilities, or shelters operated by a charitable organization 31 or a government agency;

02 (B) any place where the defendant's possession or use of 0203 marijuana violated established rules for residents, such as a ban on smoking or 0304 a ban on marijuana or other controlled substances;

0405 (2) "previously convicted" means the defendant entered a plea of 0506 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 0607 regardless of whether the conviction was set aside under AS 12.55.085 or a similar 0708 procedure in another jurisdiction, of possession of marijuana;

"previously convicted" 0809 does not include a judgment that has been reversed or vacated by a court.

0910 * Sec.

1011 (a) If a victim of a felony or a crime involving domestic violence requests, the 1112 prosecuting attorney shall make a reasonable effort to 1213 (1) confer with the person against whom the offense has been 1314 perpetrated about that person's testimony before the defendant's trial;

1415 (2) in a manner reasonably calculated to give prompt actual notice, 1516 notify the victim 1617 (A) of the defendant's conviction and the crimes of which the 1718 defendant was convicted;

1819 (B) of the victim's right in a case that is a felony to make a 1920 written or oral statement for use in preparation of the defendant's presentence 2021 report, and of the victim's right to appear personally at the defendant's 2122 sentencing hearing to present a written statement and to give sworn testimony 2223 or an unsworn oral presentation;

2324 (C) of the address and telephone number of the office that will 2425 prepare the presentence report;

and 2526 (D) of the time and place of the sentencing proceeding;