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Alaska State Representative Norman Rokeberg
Sectional Analysis

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716 West 4th Ave.
Anchorage, AK 99501
Phone: (907) 269-0117
Fax: (907) 269-0119

Therapeutic Court for DUI - Sentencing
Sectional Analysis for House Bill 441
Alaska State Legislature
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Attachments Attachments

 
Released:
March 16, 2006
Updated:
February 19, 2012


"An Act relating to criminal sentencing; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court-ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date. "


"This legislation streamlines and makes more workable provisions for a therapeutic court. HB 441 is vital to creating permanent successful therapeutic courts for the people of Alaska."
- Rep. Rokeberg

 

Section 1: Clarifies the mitigator for defendants who participate in a court-ordered treatment program.

Section 2: Conforming amendment referencing the new therapeutic court statute.

Section 3: Creates a therapeutic court statutory structure, AS 28.35.028.

AS 28.35.028(a): Provides authority for a defendant to enter a court-ordered treatment program if charged under the DUI or refusal statutes. A defendant cannot participate in the program if they have already done so two or more times.

AS 28.35.028(b): Defendant shall enter a plea of no contest or guilty plea. The state and defendant may enter a plea agreement. The court shall enter a judgment of conviction for the offense(s) for which the defendant pleaded. There must be a schedule provided for payment of restitution. The court may withhold pronouncement of sentence or fine as an incentive to complete the recommended treatment. Court may reduce the sentence based on defendant's compliance with the treatment plan. Court cannot reduce below the mandatory minimum unless the defendant has successfully complied with and completed the treatment plan. Court may consider defendant's compliance with the treatment plan as a mitigating factor allowing a reduction of sentence.

AS 28.35.028(c): If defendant does not successfully complete the court-ordered treatment program, defendant's plea shall stand and the court shall impose sentence.

AS 28.35.028(d): Provides for information and reports on defendant's assessment, treatment and progress for those entities involved with the therapeutic court. Victim is entitled to periodic reports on defendant's progress and participation.

AS 28.35.028(e): Electronic monitoring and house arrest can be a condition of bail or probation.

AS 28.35.028(f): Court shall refer the defendant to Alcohol Safety Action Program (ASAP).

AS 28.35.028(g): Court may require defendant to take a drug or combination of drugs to prevent substance abuse.

AS 28.35.028(h): Defines court-ordered treatment program, treatment plan, sentence and sentencing.

Section 4: Conforming amendment.

Section 5: Conforming amendment.

Section 6: Conforming amendment to H&SS statutes for ASAP participation in therapeutic court.

Section 7: Repeals the following statutes:

AS 28.35.030(p): Existing court-ordered treatment provisions.

AS 28.35.032(r): Existing court-ordered treatment provisions.

Section 8: Indirect court rule amendment to Rule 35, Alaska Rules of Criminal Procedure, as the court will be allowed to consider and reduce a criminal sentence outside of the time periods provided by the rule.

Section 9: Transition section that allows those in existing therapeutic court programs to complete their existing programs.

Section 10: Immediate effective date.

# # #

 
Attachments:
 
·
Print Text Version
· Acrobat PDF Version [PDF - 2 pages - 82 KB]
· Sponsor Statement
· A Brief History of Therapeutic Courts in Alaska [PDF - 63 KB]
· Complete Bill Text for HB 441


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