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SENATE BILL NO. 71
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 1/24/25
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to pretrial services supervision agreements." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 33.07.010 is amended to read: 3
Sec. 33.07.010. Pretrial services program; establishment. The commissioner 4
shall establish and administer a pretrial services program that provides a pretrial risk 5
assessment for all defendants detained in custody in a correcti onal facility following 6
arrest and for any defendant for whom the prosecution requests to have a pretrial risk 7
assessment at the next hearing or arraignment. The pretrial ser vices program shall 8
make recommendations to the court concerning pretrial release d ecisions and provide 9
supervision of defendants charged with a violation of state law and released while 10
awaiting trial as ordered by the court. 11
* Sec. 2. AS 33.07.020 is amended to read: 12
Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 13
shall 14
(1) appoint and make available to the superior court and distr ict court 15
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qualified pretrial services officers; 1
(2) fix pretrial services officers' salaries; 2
(3) assign pretrial services officers to each judicial district; 3
(4) provide for the necessary supervision, training, expenses, including 4
clerical services, and travel of pretrial services officers; 5
(5) approve a risk assessment instrument that is objective, 6
standardized, and deve loped based on analysis of empirical data a n d r i s k f a c t o r s 7
relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 8
and the likelihood of rearrest during the pretrial period, and that is validated on the 9
state's pretrial population; and 10
(6) except for regulations adopted under (b) of this section, adopt 11
regulations in consultation with t h e D e p a r t m e n t o f L a w , t h e p u blic defender, the 12
Department of Public Safety, the office of victims' rights, and the Alaska Court 13
System, consistent with this chap ter and as necessary to implem ent the program; the 14
regulations must include a process for pretrial services office rs to make a 15
recommendation to the c ourt concerning a pretrial release decis ion and guidelines for 16
pretrial diversion recommendations. 17
* Sec. 3. AS 33.07.020 is amended by adding a new subsection to read: 18
(b) Notwithstanding (a) of this section, the commissioner may 19
(1) enter into an agreement with a municipality of the state t o provide 20
pretrial supervision services as ordered by the court to defend ants charged solely with 21
a violation of a law of that municipality; and 22
(2) adopt regulations establishi ng reasonable fees for the ser vices 23
provided to a municipality under this subsection. 24
* Sec. 4. AS 33.07.030(g) is amended to read: 25
(g) A pretrial services officer may 26
(1) recommend pretrial diversion to the court a nd parties befo re 27
adjudication in accordance with the guidelines established by t he commissioner under 28
AS 33.07.020(a)(6) [AS 33.07.020(6)]; 29
(2) if the officer has probable cause to believe the defendant h a s 30
committed an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's 31
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release conditions, file a complaint with the court and 1
(A) arrest, with or without a warrant, a defendant who has been 2
released while awaiting trial; or 3
(B) request the court to issue warrants related to any violati on 4
of the defendant's release conditions; 5
(3) refer interested defendants for substance abuse screening, 6
assessment, and treatment on a voluntary basis and assist any defendant whose offense 7
or criminal history identified a dependency on, abuse of, or ad diction to alcohol or 8
controlled substances with accessing and obtaining appropriate treatment in the 9
community to address those needs; 10
(4) recommend that a defendant charged with an offense involvi ng the 11
use of alcohol or controlled substances comply with a program e stablished under 12
AS 47.38.020; and 13
(5) coordinate with community-based organizations and tribal c ourts 14
and councils to develop and expand pretrial diversion options. 15
* Sec. 5. AS 37.05.146(c) is amended by adding a new paragraph to read: 16
(88) receipts of the Department of Corrections from pretrial 17
supervision services provided under AS 33.07.020(b). 18
* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19
read: 20
APPLICABILITY. Pretrial services officers shall supervise defen dants in accordance 21
with orders for pretrial services issued before the effective date of this Act. 22