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HOUSE BILL NO. 299
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES STAPP, Allard, Gray
Introduced: 2/9/26
Referred: House Special Committee on Military and Veterans' Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act creating a veteran sentencing program; relating to release procedures; 1
amending Rules 35 and 43, Alaska Rules of Criminal Procedure; and providing for an 2
effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 12.25 is amended by adding a new section to read: 5
Sec. 12.25.145. Veteran status. Immediately after arrest, an officer shall 6
question the prisoner in custody as to whether the prisoner is a veteran. In this section, 7
"veteran" has the meaning given in AS 47.55.900. 8
* Sec. 2. AS 12.30.006 is amended by adding a new subsection to read: 9
(h) At the first appearance before a judicial officer, the court shall inform the 10
person about the veteran sentencing program established under AS 12.55.057. The 11
prosecuting authority may use a state or federal database to confirm a person's veteran 12
status or the person or the person's counsel may provide the person's report of 13
separation or military identification during a court proceeding to provide confirmation 14
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of the person's veteran status. In this subsection, "veteran" has the meaning given in 1
AS 47.55.900. 2
* Sec. 3. AS 12.55.015(a) is amended to read: 3
(a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 4
sentence on a defendant convicted of an offense, may singly or in combination 5
(1) impose a fine when authorized by law and as provided in 6
AS 12.55.035; 7
(2) order the defendant to be placed on probation under conditions 8
specified by the court that may include provision for active supervision; 9
(3) impose a definite term of periodic imprisonment, but only if an 10
employment obligation of the defendant preexisted sentencing and the defendant 11
receives a composite sentence of not more than two years to serve; 12
(4) impose a definite term of continuous imprisonment; 13
(5) order the defendant to make restitution under AS 12.55.045; 14
(6) order the defendant to carry out a continuous or periodic program 15
of community work under AS 12.55.055; 16
(7) suspend execution of all or a portion of the sentence imposed under 17
AS 12.55.080; 18
(8) suspend entry of judgment under AS 12.55.078 or suspend 19
imposition of sentence under AS 12.55.085; 20
(9) order the forfeiture to the commissioner of public safety or a 21
municipal law enforcement agency of a deadly weapon that was in the actual 22
possession of or used by the defendant during the commission of an offense described 23
in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 24
(10) order the defendant, while incarcerated, to participate in or 25
comply with the treatment plan of a rehabilitation program that is related to the 26
defendant's offense or to the defendant's rehabilitation if the program is made available 27
to the defendant by the Department of Corrections; 28
(11) order the forfeiture to the state of a motor vehicle, weapon, 29
electronic communication device, or money or other valuables, used in or obtained 30
through an offense that was committed for the benefit of, at the direction of, or in 31
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association with a criminal street gang; 1
(12) order the defendant to have no contact, either directly or 2
indirectly, with a victim or witness of the offense until the defendant is 3
unconditionally discharged; 4
(13) order the defendant to refrain from consuming alcoholic 5
beverages for a period of time; 6
(14) set aside a conviction or reduce a misdemeanor charge under 7
AS 12.55.057. 8
* Sec. 4. AS 12.55 is amended by adding a new section to read: 9
Sec. 12.55.057. Veteran sentencing program. (a) Notwithstanding any other 10
provision of law, if an eligible veteran is found guilty of or pleads guilty to an offense 11
that is eligible for probation and is a misdemeanor and the veteran agrees to participate 12
in the veteran sentencing program, the court may, in its discretion, proceed under the 13
veteran sentencing program under terms and conditions determined by the court under 14
this section. 15
(b) A veteran is eligible for participation in the veteran sentencing program if 16
there are one or more indicators of mental or physical symptoms of a condition from 17
military service that may have contributed to an offense. 18
(c) A veteran is ineligible for participation in the veteran sentencing program 19
if the court finds that the veteran's participation would not reasonably ensure public 20
safety, based on an individual assessment of the veteran and consideration of the 21
availability of supervision, treatment, and other programs in the community. 22
(d) The veteran sentencing program may consist of 23
(1) probation; 24
(2) evidence-based treatment tailored to address specific challenges 25
facing veterans, including post-traumatic stress disorder, traumatic brain injury, 26
military sexual trauma, or another mental health condition; 27
(3) a case plan that 28
(A) is developed with input from the court, the veteran, the 29
veteran's probation officer, and, if necessary, a mental health professional; 30
(B) includes a mental health professional's assessment of the 31
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veteran's specific needs and risks; 1
(C) contains clear and individualized supervision and treatment 2
goals, including guidelines that detail the program rules, consequences for rule 3
violation, and incentives for compliance. 4
(e) The court shall 5
(1) establish the conditions for the veteran's participation in the veteran 6
sentencing program; 7
(2) conduct a final hearing to make findings as to whether a veteran 8
has successfully completed the veteran sentencing program. 9
(f) Following successful completion of the veteran sentencing program, the 10
court may 11
(1) set aside the conviction; 12
(2) reduce the veteran's misdemeanor charge; or 13
(3) expunge the conviction from the veteran's record. 14
(g) Trauma suffered by a veteran that is not a condition from military service 15
may not be used to deny the existence of a condition from military service if a 16
condition from military service exists. 17
(h) In this section, 18
(1) "condition from military service" means a substance use disorder, 19
military sexual trauma, traumatic brain injury, post-traumatic stress disorder, or other 20
mental health condition that is related to an individual's military service; 21
(2) "mental health professional" has the meaning given in 22
AS 47.30.915; 23
(3) "veteran" has the meaning given in AS 47.55.900. 24
* Sec. 5. AS 12.55.155(d) is amended by adding a new paragraph to read: 25
(22) the defendant is a veteran of the armed forces of the United States 26
and has experienced an overseas deployment, exposure to danger, or a service-27
connected disability rating or has received individual merit earned during service; 28
nothing in this paragraph is intended to limit the application of (18) or (20)(B) of this 29
subsection. 30
* Sec. 6. AS 44.19.645(a) is amended to read: 31
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(a) The commission shall 1
(1) contract for data analysis, research, reports, or studies necessary to 2
understand the functions, operations, and outcomes of the criminal justice system in 3
the state, including studies that consider 4
(A) statutes, court rules, and court decisions relevant to 5
sentencing of criminal defendants in misdemeanor and felony cases; 6
(B) the needs and views of crime victims; 7
(C) means of promoting uniformity, proportionality, and 8
accountability in sentencing; 9
(D) alternatives to traditional forms of incarceration; 10
(E) the efficacy of parole and probation in ensuring public 11
safety, achieving rehabilitation, and reducing recidivism; 12
(F) the adequacy, availability, and effectiveness of treatment 13
and rehabilitation programs; 14
(G) crime and incarceration rates, including the rate of violent 15
crime and the abuse of controlled substances, in this state compared to other 16
states, and best practices adopted by other states that have proven to be 17
successful in reducing recidivism; 18
(2) review the information collected under (1) of this subsection to 19
identify areas for improving the efficiencies and effectiveness of the criminal justice 20
system; 21
(3) if requested by the legislature, the governor, or the chief justice of 22
the supreme court, provide the results of data analysis, studies, or research or make 23
recommendations for improving criminal sentencing practices and criminal justice 24
practices, including rehabilitation and restitution; [AND] 25
(4) submit the annual report required under AS 44.19.647; 26
(5) track outcome data, including the number of participants who 27
successfully complete the program, recidivism rates, and the housing and 28
employment status of veterans who participate in the veteran sentencing 29
program established under AS 12.55.057; and 30
(6) conduct ongoing evaluations of the veteran sentencing program 31
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established under AS 12.55.057, and occasionally solicit independent evaluations 1
that employ causal methods. 2
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 3
read: 4
INDIRECT COURT RULE AMENDMENT. (a) AS 12.55.057, enacted by sec. 4 of 5
this Act, has the effect of amending Rule 35, Alaska Rules of Criminal Procedure, by creating 6
the veteran sentencing program, under which a court may consider and reduce a criminal 7
sentence. 8
(b) AS 12.55.057, enacted by sec. 4 of this Act, has the effect of amending Rule 43, 9
Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 10
may dismiss charges. 11
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
CONDITIONAL EFFECT. This Act takes effect only if sec. 7 of this Act receives the 14
two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 15
Alaska. 16
* Sec. 9. This Act takes effect July 1, 2027. 17