Alaska 2025-2026 Regular Session

Alaska Senate Bill SB71 Compare Versions

Only one version of the bill is available at this time.

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2	2	SB0071A -1- SB 71
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5	5	34-GS1507\A
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11	11	SENATE BILL NO. 71
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 1/24/25
20	20	Referred: State Affairs, Judiciary
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to pretrial services supervision agreements." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 33.07.010 is amended to read: 3
30	30	Sec. 33.07.010. Pretrial services program; establishment. The commissioner 4
31	31	shall establish and administer a pretrial services program that provides a pretrial risk 5
32	32	assessment for all defendants detained in custody in a correctional facility following 6
33	33	arrest and for any defendant for whom the prosecution requests to have a pretrial risk 7
34	34	assessment at the next hearing or arraignment. The pretrial services program shall 8
35	35	make recommendations to the court concerning pretrial release decisions and provide 9
36	36	supervision of defendants charged with a violation of state law and released while
37	37	10
38	38	awaiting trial as ordered by the court. 11
39	39	* Sec. 2. AS 33.07.020 is amended to read: 12
40	40	Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 13
41	41	shall 14
42	42	(1) appoint and make available to the superior court and district court 15 34-GS1507\A
43	43	SB 71 -2- SB0071A
44	44	New Text Underlined [DELETED TEXT BRACKETED]
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46	46	qualified pretrial services officers; 1
47	47	(2) fix pretrial services officers' salaries; 2
48	48	(3) assign pretrial services officers to each judicial district; 3
49	49	(4) provide for the necessary supervision, training, expenses, including 4
50	50	clerical services, and travel of pretrial services officers; 5
51	51	(5) approve a risk assessment instrument that is objective, 6
52	52	standardized, and developed based on analysis of empirical data and risk factors 7
53	53	relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 8
54	54	and the likelihood of rearrest during the pretrial period, and that is validated on the 9
55	55	state's pretrial population; and 10
56	56	(6) except for regulations adopted under (b) of this section, adopt 11
57	57	regulations in consultation with the Department of Law, the public defender, the 12
58	58	Department of Public Safety, the office of victims' rights, and the Alaska Court 13
59	59	System, consistent with this chapter and as necessary to implement the program; the 14
60	60	regulations must include a process for pretrial services officers to make a 15
61	61	recommendation to the court concerning a pretrial release decision and guidelines for 16
62	62	pretrial diversion recommendations. 17
63	63	* Sec. 3. AS 33.07.020 is amended by adding a new subsection to read: 18
64	64	(b) Notwithstanding (a) of this section, the commissioner may 19
65	65	(1) enter into an agreement with a municipality of the state to provide 20
66	66	pretrial supervision services as ordered by the court to defendants charged solely with 21
67	67	a violation of a law of that municipality; and 22
68	68	(2) adopt regulations establishing reasonable fees for the services 23
69	69	provided to a municipality under this subsection. 24
70	70	* Sec. 4. AS 33.07.030(g) is amended to read: 25
71	71	(g) A pretrial services officer may 26
72	72	(1) recommend pretrial diversion to the court and parties before 27
73	73	adjudication in accordance with the guidelines established by the commissioner under 28
74	74	AS 33.07.020(a)(6) [AS 33.07.020(6)]; 29
75	75	(2) if the officer has probable cause to believe the defendant has 30
76	76	committed an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's 31 34-GS1507\A
77	77	SB0071A -3- SB 71
78	78	New Text Underlined [DELETED TEXT BRACKETED]
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80	80	release conditions, file a complaint with the court and 1
81	81	(A) arrest, with or without a warrant, a defendant who has been 2
82	82	released while awaiting trial; or 3
83	83	(B) request the court to issue warrants related to any violation 4
84	84	of the defendant's release conditions; 5
85	85	(3) refer interested defendants for substance abuse screening, 6
86	86	assessment, and treatment on a voluntary basis and assist any defendant whose offense 7
87	87	or criminal history identified a dependency on, abuse of, or addiction to alcohol or 8
88	88	controlled substances with accessing and obtaining appropriate treatment in the 9
89	89	community to address those needs; 10
90	90	(4) recommend that a defendant charged with an offense involving the 11
91	91	use of alcohol or controlled substances comply with a program established under 12
92	92	AS 47.38.020; and 13
93	93	(5) coordinate with community-based organizations and tribal courts 14
94	94	and councils to develop and expand pretrial diversion options. 15
95	95	* Sec. 5. AS 37.05.146(c) is amended by adding a new paragraph to read: 16
96	96	(88) receipts of the Department of Corrections from pretrial 17
97	97	supervision services provided under AS 33.07.020(b). 18
98	98	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19
99	99	read: 20
100	100	APPLICABILITY. Pretrial services officers shall supervise defendants in accordance 21
101	101	with orders for pretrial services issued before the effective date of this Act. 22