Section 47.38.020. Alcohol and substance abuse monitoring program [See delayed amendment note]..

   (a) The commissioner, in cooperation with the commissioner of corrections, shall establish a program using a competitive procurement process for certain persons with release conditions ordered as provided under AS 12.30, or offenders with conditions of probation, that include not consuming controlled substances or alcoholic beverages.
   (b) The commissioner shall adopt regulations to implement the program. The regulations must include regulations regarding products and services that provide alcohol and substance abuse monitoring.
   (c) The commissioner shall include in the program
        (1) a requirement for twice-a-day testing, either remotely or in person, for alcoholic beverage use and random testing for controlled substances;
        (2) a means to provide the probation officer, prosecutor's office, or local law enforcement agency with notice within 24 hours, so that a complaint may be filed alleging a violation of AS 11.56.757, a petition may be filed with the court seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, or an arrest warrant may be issued for the person on release or offender with conditions of probation provided in this subsection, if the person or offender
             (A) fails to appear for an appointment or fails to complete a test through the use of remote alcohol or substance abuse monitoring technology as required by the program requirements; or
             (B) tests positive for the use of controlled substances or alcoholic beverages; and
        (3) a requirement that the person or offender pay, based on the person's or offender's ability under financial guidelines established by the commissioner, for the cost of participating in the program.
   (d) The department shall contract with one or more vendors using a competitive procurement process in accordance with AS 36.30 (State Procurement Code) to provide or conduct the testing required under (c) of this section.

Authorities

12.30.011;12.30.016;12.55.100;12.55.155;33.16.150

Notes

References

AS 12.30.011 Release before trial.
AS 12.30.016 Release before trial in certain cases.
AS 12.55.100 Conditions of probation.
AS 12.55.155 Factors in aggravation and mitigation.
AS 33.16.150 Conditions of parole.

History

(Sec. 34 ch 83 SLA 2014; am Sec. 173 ch 36 SLA 2016)