Section 33.05.020. Duties of commissioner; probation officers and personnel; ignition interlock devices.

   (a) The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015(a), a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a person placed on probation for a misdemeanor offense.
   (b) The commissioner shall fix probation officers' and assistants' salaries, assign them to the various judicial districts, and shall provide for their necessary expenses including clerical services and travel.  The commissioner may assign to all probation officers and personnel any duties concerning the administration of the parole system as provided in AS 33.16.
   (c) The commissioner shall by regulation
        (1) establish standards for calibration, certification, maintenance, and monitoring of ignition interlock devices required as a condition of probation or as part of a sentence under AS 12.55.102 or another statute; and
        (2) establish a fee to be paid by the manufacturer for the cost of certifying an ignition interlock device.
   (d) The regulations in (c) of this section must require that the ignition interlock device operate reliably over the range of automobile environments, otherwise known as automobile manufacturing standards, for the geographic area for which the device is certified.
   (e) The commissioner shall notify the manufacturer of the ignition interlock device when the device is certified. The commissioner may not certify an ignition interlock device unless the device prominently displays a label warning that a person circumventing or tampering with the device violates AS 11.76.140 and may be imprisoned and fined.
   (f) The commissioner shall establish a program for offenders on probation for a felony offense who have conditions of probation that include not consuming controlled substances or alcoholic beverages and who have been identified as being at moderate to high risk as identified by a risk-needs assessment. The commissioner shall adopt regulations to implement the program. The program shall
        (1) include random testing for controlled substances and alcoholic beverage use;
        (2) require that the probation officer file a petition with the court seeking appropriate sanctions by the close of the next business day if a probationer
             (A) fails to appear for an appointment as directed by the probation officer; or
             (B) tests positive for the use of controlled substances, inhalants, or alcoholic beverages; and
        (3) include a means to notify the court, by the close of the next business day, that a petition to revoke probation has been filed on a probationer placed in the program by the commissioner so that the court may review the petition, schedule a prompt hearing, address a request for a warrant provided by the probation officer, or take other action the court considers appropriate.
   (g) [Effective January 1, 2017]. =ro The commissioner shall establish an administrative sanction and incentive program to facilitate a swift and effective response to a probationer's compliance with or violation of the conditions of probation. The commissioner shall adopt regulations to implement the program. At a minimum, the regulations must include
        (1) a decision-making process to guide probation officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of probation, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions;
        (2) policies and procedures that ensure
             (A) a process for responding to negative behavior that includes a review of previous violations and sanctions;
             (B) that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner's designee; and
             (C) that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction.
   (h) [Effective January 1, 2017]. =ro The commissioner shall establish by regulation a program allowing probationers to earn credits for complying with the conditions of probation. The credits earned reduce the period of probation. Nothing in this subsection prohibits the department from recommending to the court the early discharge of the probationer as provided in AS 33.30. At a minimum, the regulations must
        (1) require that a probationer earn a credit of 30 days for each 30-day period served in which the defendant complied with the conditions of probation;
        (2) include policies and procedures for
             (A) calculating and tracking credits earned by probationers;
             (B) reducing the probationer's period of probation based on credits earned by the probationer; and
             (C) notifying a victim under AS 33.30.013.

Authorities

9.50.250;12.55.090;12.55.100;12.55.102;12.55.110;33.05.040;33.05.080;33.16.190;44.19.645

Notes

Recent Bills that will modify this

HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID

Implemented As

22 AAC 15.010
22 AAC 15.015
22 AAC 15.020
22 AAC 15.025
22 AAC 15.030
22 AAC 15.032
22 AAC 15.035
22 AAC 15.040
22 AAC 15.045
22 AAC 15.050
22 AAC 15.055
22 AAC 15.900

References

2 AAC 90.990
22 AAC 15.010
22 AAC 15.030
22 AAC 15.032
AS 9.50.250 .250">Sec. 09.50.250. Actionable claims against the state.
AS 12.55.090 Granting of probation.
AS 12.55.100 Conditions of probation.
AS 12.55.102 Alcohol-related offenses.
AS 12.55.110 Notice and grounds for revocation of suspension.
AS 33.05.040 Duties of probation officers.
AS 33.05.080 Definitions.
AS 33.16.190 Authority of parole and probation officers.
AS 44.19.645 Powers and duties of the commission.

History

(Sec. 2 ch 105 SLA 1960; am Sec. 8 ch 57 SLA 1989; am Sec. 10, 11 ch 85 SLA 2010; am Sec. 22 ch 20 SLA 2011; am Sec. 28 ch 83 SLA 2014; am Sec. 114 ch 36 SLA 2016)