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and more with our ultimate Travancore guide.
A small, architecturally unique suburb along the commuter arteries into Melbourne.
Travancore has a below average violent crime rate and an average property crime rate for Melbourne.
WHAT'S LIVING IN Travancore LIKE?
Tucked between the Tullamarine Freeway and Mount Alexander Road is the small suburb Travancore. Besides a couple coffee shops, it doesn't have many local attractions, but its appeal is the quick commute into Melbourne's CBD just a few kilometers away. For active residents, it does offer Moonee Ponds Creek Park, which sees runners and cyclists on its trails that run along Moonee Ponds Creek.
The suburb is most known for its Art Deco-influenced homes and apartments that give it a unique architectural flavor. Some of these houses are stunning. Travancore has a very large rental market and most residents live in apartments. People who want to live here can expect to pay above average rent and mortgage rates.
Travancore is bordered on the north by Ascot Vale, on the east by Parkville, on the south and west by Flemington.
Photo Credits: Thanks to @David Thompson, @raaen99, @BreakfastinMelbourne, @CASEY DEAN, @aliciaromeoo, @deema_66q, @imiske, @msanahuja, @parls_, @kelzzjo, and @philip82c for your great photos of this neighborhood! |
Produced by Shakespeare's Globe and Liverpool Everyman & Playhouse
Directed by Nick Bagnall
Designed by Katie Sykes
Composer James Fortune
Shakespeare's Globe, Southwark, London
Saturday 24th September 2016, 20.00
Leah Brotherhead as Julia
Garry Cooper as Duke of Milan/Antonio, his brother
Aruhan Galieva as Sylvia, daughter to the Duke of Milan
Guy Hughes as Valentine
Amber James as Lucetta/Panthino/Sir Trurio
T.J. Holmes (understudy) as Speed/Sir Eglamour
Charlotte Mills as Launce
Dharmesh Patel as Proteus
Fred Thomas as Musician, Crab the dog
Aruhan Galieva as Silvia on the poster
No photos of The Wanamaker are on line yet. This LINK takes you to the Globe blog for pictures of the tour.
We were a tad annoyed with this before we got there. We had the impression that this was a Sam Wanamaker Playhouse production, starting in late September. In fact, it has been touring the UK and Europe since May and we could have seen it in Salisbury, Portsmouth, Oxford, Exeter or Brighton at less than half the price with far easier travel. So it's NOT utilizing the Wanamaker magic, nor is it designed and blocked for the stage, it's merely utilizing the availability of a second venue at The Globe and one which spends most of the summer shut.
In fact doing so with touring productions is a very good idea and could and should be followed up. However, we did not think it was made clear enough to early bookers that this was near the end of a UK tour, though perhaps I should have worked out that plays don't come to the Globe's theatres for just 12 days, and noticed ON TOUR. It finishes in Liverpool at the Everyman, where it spends all of October.
I've seen the play twice. I loved the stripped down, small cast 2013 Tobacco Factory version set in the Edwardian era, while the large and elaborate 2014 RSC production was set in the 1960s, and was one of the very few RSC productions which failed to engage me. The first question here was whether the candlelit concept of a Jacobean private theatre was going to be continued with a touring play set in 1966. The second is they'd specifically said "1966" which meant my eagle eye for historical accuracy on the 1960s was twitching away before I got seated.
When you impose a mighty modern concept on a Shakespeare play, you can stay faithful to the text, as did the Baz Lurhmann Romeo and Juliet with Leonardo DiCaprio, but if you start cutting lines wholesale, there comes a point of balance where you should go the whole way and create a new work (West Side Story, say) or rein yourself in. The overwhelming thing we felt here was that the cuts and doubling lost too much of the text, rendering the plot spotty and hard to follow.
The instant synopsis, or reminder of the plot. Valentine and Proteus are best buddies in Verona. Proteus is in love with the sweet Julia, who has a comic servant Lucetta.
Valentine sets off for Milan to study in the big city. He goes with his comic servant, Speed. When he gets there he falls in love with Silvia, the daughter of the Duke of Milan. Proteus visits with his comic servant Launce, who has a dog. Proteus falls for Silvia too. (Poor Silvia hasn't got a comic servant).
Valentine tells his best mate that he's going to elope with Silvia by climbing up a rope ladder to her room. Proteus foils the plan by revealing all to the Duke. So Valentine gets banished.
Meanwhile, Julia has decided to go and seek Proteus by disguising herself as a boy. In the forest, Valentine acts tough (I killed a man) to gain entry to the outlaw band (or here, The Outlaws. A band.) The band are led by the Duke's exiled brother, Antonio ; forget that, there is not a mention of it here. Julia turns up. Proteus tries to rape her. Valentine rescues her. In spite of seeing the attempted rape, Julia is reconciled with Proteus. The Duke allows Valentine to marry Silvia.
That's a highly truncated version, but so is this production. This must have been designed with the outside festival venues in mind, big, trying to get a "non-Shakespeare" audience enthused by all the bustle and music and activity.
Then you take it into the Wanamaker Playhouse. You retain the candle lighting, which I guess is all you can do, though you spotlight the inner stage with keyboards and drum kit. There in that wooden reproduction of a Jacobean indoor theatre, it felt too big and painted with too broad a brush in the performances for the intimacy of the space.
The red, orange, yellow framed inner stage has ladders either side which are used a great deal, as is the platform on top. There's an awful lot of climbing going on. Incidentally that inner frame is meant to represent Top of The Pops. Hang on, the play's set in 1966, when Top of The Pops was black and white. That curved corner rectangle is surely mid 70s … but let's not start on 1966 authenticity in costume or concept, it's all wildly awry. As it happens, we had spent the afternoon at the Victoria & Albert Museum's 60s exhibition "You Say You Want a Revolution? Records and Rebels 1966-1970″ so were steeped in the look and feel of 1966.
It used similar motifs … the letters and messages became 7" 45 rpm singles, ostensibly played on a Dansette record player.I don't know how they smashed them rather than tore them up, because most 45s would survive being thrown on the floor. Were they made for the production?
I liked the division between Verona, a place of beige cardigans, knee length skirts and easy-listening music, and Milan, centre of pop. That's right for the era … easy listening sold in vast numbers, and we 60s survivors recall our horror and disgust that a year later, 1967, Englebert Humperdink's dire Release Me kept Strawberry Fields Forever from the top of the charts. Before the play we heard recordings (a first for the Wanamaker Playhouse) of Jim Reeves Make The World Go Away, and Bob Lind's Elusive Butterfly. The Veronese get really excited when playing Jim Reeves Distant Drums on the Dansette. Jim Reeves was only heard in Irish pubs at the time, and the sound of Distant Drums on the jukebox meant "Run! Hippie!" to me.
They arrive in Milan to a pop song, Milano, one of the better all-out pieces of music. Everyone on the stage had to work so hard, what with doubling or trebling roles and having to play instruments as well. The music was somewhat weak, because mainly there wasn't an actual song, the exception being Thurio doing James Brown on a torch soul ballad about Silvia (a high point musically and in performance). Fred Thomas as "The Musician" was clearly the "real musician" on stage, notable when he picked up guitar, played a bass solo into the interval, or when he took over drums and simply hit them harder. You did notice that the recording played to start the interval … Muddy Waters I'm A Man, and at the end, James Brown's It's A Man's, Man's World, were so much stronger.
This is real touring one for all, all for one, non-stop work. Guy Hughes played Valentine, which also meant playing guitar, bass guitar and saxophone. Fred Thomas as "musician" played electric guitar, acoustic guitar, keys, banjo and drums, as well as being Crab The Dog. Amber James had to cover Lucetta (Julia's comic servant), Sir Thurio, the prattish swain, Panthino, play drums (pretty well too), and do the chorus singing stuff. Aruhan Galieva had to play Silvia and keyboards and bass guitar. T.J. Holmes had replaced Adam Keast as Speed / Eglamour, and as well as taking on the twin roles, had to play bass guitar as well … not a normal understudy assignment. Face it, everybody had to play bass guitar at one time or another. I reflected on the years I spent learning how to play it with depression. It's obviously dead easy to anyone with half a musical ear.
Herein lies some of the issues of a cast of nine. You could have got away with eleven or twelve, but nine was too few. Lucetta's has been the funniest role the other times we've seen it, but was cut to too little here … and not enough made of the major scene with Julia and the letters, nor when Julia dresses as a boy to disguise herself as she follows Proteus into the forest. Garry Cooper doubled The Duke and his exiled brother Antonio, but as Antonio, now leader of the outlaws in the forest, he had lost all his lines. The Outlaws are now a hippy rock band, and Valentine has to prove his toughness so that he can join them by playing lead guitar. You'd have to know the play to realize that the character hanging about at the rear wasn't the Duke with his jacket off and a headscarf on, as everyone else had donned hippie garb anyway. It was another among many examples of key plot points being cut.
We should remember from the glorious Shakespeare in Love (film and stage play) that "the dog" was a major hit with audiences. It always is. Was it a good idea to make the musician into "the dog"? OK, it gave Launce, the servant (Charlotte Mills) a couple of new, good funny bits in casting the musician as the dog, but it lost a dozen others. As this toured Europe, they had no possibility of using a real dog because of our thankfully still intact quarantine laws. Charlotte Mills excelled in that dreaded, really really hard "Shakespearean clown with unfunny jokes" role.
The cuts confused the Proteus / Valentine dynamic. While their passionate embrace on meeting again was funny, I think their hidden love relationship is tacked on to the text extraneously.
Garry Cooper as The Duke of Milan (TOUR, not Wanamaker), Julia left, Silvia right
There are some bizarre performances. You can't take your eyes off Garry Cooper as the Duke of Milan, jerking spasmodically, intoning the lines richly, bending over like Olivier's Richard III at times as he twitches, but going beyond "big" or "large" as a performance to absolutely off the clock. I can see how strong it is in the open air at Castle Donnington or Brighton Festival, but it really overwhelms the tight space in the Sam Wanamaker Playhouse. What's it supposed to be? I wondered if it was the aristocratic drugged up pop managers of the era, as experienced by The Who, permanently speeding on purple hearts. It comes out almost as a parody on 19th century Shakesperean over-acting. As I say, very commanding too, but odd.
I would give Guy Hughes as Valentine the "man of the match award" though he channeled his physical similarity to John Cleese, aided by the moustache. Sorry, I thought Proteus came over weakly. He lacked physical presence … and the last RSC production had exactly the same problem, though in Stratford it was both the gentlemen who failed to make an impact. Here Valentine was appropriately a fall guy and funny. Proteus has got to be more macho and more full of himself, or at least more of a conniving slime. This guy is stabbing his best mate in the back, by trying to pull his girl. He's got to be more of a bastard. On the other hand, the attempted rape of Silvia was done powerfully, and for a change she didn't just shrug it off but stayed traumatized through to the end. Better done than usual.
Why was Silvia dressed in early 60s or late 50s Italian? I don't get the costume reference, though giving Julia Bob Dylan hat when she dresses as a boy was OK … but could have gone further. OK, we were negative on the costumes throughout.
As to taking a pop version with electric music into the Sam Wanamaker … well, yes, use the available space between stuff designed for the theatre. Put touring stuff in there, though the candles then become a bit daft. But ominously, I counted a dozen empty seats after the interval in the lower galley near me alone. At the very high ticket prices, that's a lot. The Wanamaker usually does lose a few at the break due to hard bench fatigue, but that's too many in a small premium area on a Saturday evening. It happens a lot in the West End, where big companies buy up corporate seats for foreign VIPs well in advance (they've always got some visiting) and the foreign VIPs leave at half time, not being able to follow the words. But that shouldn't happen at The Globe or RSC which aren't part of the same West End networks and sell out to members. I would hazard it was either surprise or distaste (I noticed a couple with hands on their ears in the guitar playing) clearing the seats, but who knows?
I enjoyed the enthusiasm and effort from a young cast. I thought there were some good ideas, but overall, it lost Shakespeare's play, and the replacement bits weren't coherent enough to compensate. It's the third time I've seen the play, and thought two productions weak. I gave The Tobacco Factory four stars for their Edwardian small cast romp, the RSC two for its very large cast, no expense spared slickly early 60s Italian version. This had more energy than the RSC, and the Tobacco Factory proved small cast can work, but in this one the plot was rendered incoherent.
Sorry, this has to be another two.
OTHER PRODUCTIONS ON THIS BLOG
Two Gentlemen of Verona Tobacco Factory tour, Winchester Theatre Royal 2013
Two Gentlemen of Verona – RSC, Stratford 2014
NICK BAGNALL
Henry VI Parts 1 – III, Globe, touring in 2013, at Bath
(as Harry The Sixth, The Houses of York & Lancaster & The True Tragedy of The Duke of York) Nick Bagnall had to step in and play the Duke of Suffolk himself on the day.
DHARMESH PATEL
The Tempest, Sam Wanamaker 2016 (Ferdinand)
Cymbeline, Sam Wanamaker 2016 (Soothsdayer, Philario) |
Akshay Kumar Donates Rs 1 Crore For Odisha Cyclone Victims
May 07, 2019 Anupam Gupta
Bollywood actor Akshay Kumar has contributed Rs 1 crore to the Chief Minister's fund for the victims of cyclone Fani that wreaked havoc in Odisha as well as some parts of West Bengal.
Akshay was among the first stars to donate money for the victims.
"This is not new. Akshay has actually constantly been adding for causes, be it his Bharat ke Veer initiative for the militaries, or his payment to the Kerala Floods or Chennai floodings earlier," Hindustan Times estimated a market source as claiming.
On the work front, Akshay will certainly be following seen in Good News contrary Kareena Kapoor. In the movie, Akshay and also Kareena play a pair attempting to obtain pregnant. The movie also stars Diljit as well as Kiara in pivotal duties.
Good News rejoins Bebo and Akki after a respite of 9 years. They were last seen in Kambakkht Ishq. The film is backed by Karan Johar's Dharma Productions and also helmed first-time director Raj Mehta.
He will likewise be seen in Sooryavanshi, which is backed by Karan Johar's Dharma Productions.
Akshay Kumar, Cyclone Fani, Chief minsiters fund, Sooryavanshi, Good News, Kareena Kapoor, Karan Johar
'Mission Mangal' trailer: In which Akshay Kumar, Vidya Balan and their team script history with dedication, hard work |
The holidays are a chance for families and friends to come together over food and gifts, racking up some serious quality time.
Yet for some of us, there can be a rush of anxiety when it comes to the thought of going home for the holidays.
If that's you, I'm here to share that you're not alone.
It's easy to feel overwhelmed or out of control when faced with situations or people you've transitioned away from. And because we can't all avoid going home completely, you may find yourself having to navigate some less than favorable conversations while there.
It's easy to feel overwhelmed or out of control when faced with situations or people you've transitioned away from.
To help, here are some actionable ways to create a more civil environment while at home for the holidays if conversations get sticky.
You know the family member or friend of the family who is habitually offering unsolicited advice or suggestions? Trust me, I understand they are not easy to deal with—but more than likely you aren't going to change their ways.
So, instead of responding out of annoyance and anger, try simply saying something along the lines of, "Thank you, I'll look into that." You of course don't actually have to look into it, but it will at least allow them to feel acknowledged so you don't have to keep awkwardly avoiding eye contact throughout the night.
Perhaps there's a member of your family or your significant other's family who you just can't seem to crack. The relationship just hasn't been there between the two of you, but you'd like to extend an olive branch.
Why not break the ice with giving them a compliment?
According to Forbes, studies show that receiving a compliment has the same social effects on a person as receiving money. Who wouldn't react positively to that?
Not only will they feel more favorable towards you, but giving compliments also has a strong effect on how we (the givers) feel. Research has proven that the act of giving compliments is similar to that of giving a gift and naturally boosts our happiness and levels of joy. Serving up a compliment—even if it's as simple as "I loved your holiday card this year!"— will alleviate some stress for both parties.
Take extending compliments even further and ask how you can help.
Sometimes the reason this person may be so moody is because they're generally the one stuck with the brunt of responsibilities during the holiday season. A little help may go a long way. Also: It allows you some one-on-one time to get to know each other and spark conversation.
Politics, social justice, and other issues are definitely sticky subject matter. Yet, no matter how well known it is that family gatherings are not the appropriate time to bring them up—somehow, they always seem to become a topic of discussion.
While discourse can be beneficial, if you know from experience that engaging with someone has never led to anything positive in the past, it's OK to hold off. Instead, try sitting back and listening.
Though you may not completely agree, there can (hopefully) be some points of the discussion you can agree on—or at least agree to disagree on in a compromising way. With little ammo for this person to take shots with, they'll begin to lose steam and eventually the conversation will just transition itself.
In the event that a gentle compromise is not something you can do in the moment or they just won't let up—it is always a good idea to step away from the situation and take a breather.
Taking a moment to have a deep breath and come back to center is a good way to process thoughts and emotions more clearly. Use this time to take a walk, sit outside and take in nature, or listen to your favorite songs or podcasts, like the guided meditations in the Shine app. The simplest out if you need a moment: taking a "bathroom break." Allow yourself to take as long as necessary before returning to the situation.
Sometimes, you might find yourself simply a bystander to a tense conversation if other members of your family are at odds. This can affect us just as much, if not more, than when it's pointed in our direction—especially if we care for both parties involved.
Instead of allowing them to upset one another or those around them with their issues, try politely interrupting and changing the subject. A light-hearted interjection may be just what's needed to calm the tension.
No response is most definitely an adequate response. There isn't anyone more in control of your emotions and how you feel than you are.
No response is most definitely an adequate response.
Maintain that control by not engaging in conversations or situations that you know will be upsetting. Protect your energy and try not to give in to things that do not serve you.
Navigate the holiday season with our 7-day breathing challenge, full of exercises to help you calm it down. All it takes is 7 minutes a day. |
When Should Kids be Allowed Online?
We asked you what you thought, and you told us! Here is what people from the BCS community have to say about our last Speak Up question: Should kids be allowed online alone and, if so, at what age?
"Well, I think [children] at age 13 at least should be able to go online without parent supervision. Younger children probably don't have the educational needs to be online without parent supervision. They don't know the dangers. They would be at the bottom of the food chain per se."
- Candace Peterson
BWA 6th grader
"I think my answer is that kids should be about 10 or 11 to be able to scroll around in the Internet, but it also depends on their maturity level. I am 10 years old and I am allowed to not just search something random up because you don't know everything that can show up."
- Emmery Wells
"I believe that kids should be 13 or older when they get to get to go online by themselves. There are a lot of dangers on the internet and I would still monitor them even if they are 13 or above."
- Sara Gotzman
BWA Junior
"Responsible and mature kids should be allowed at age 9, probably, perhaps even 8!"
- Austin McGinnis
"I think it matters if the kid is mature or not. If their parents feel that their kid isn't mature enough or isn't ready, then they shouldn't go online. A kid can be 14 or 15 but really isn't mature, while a 10 or 11 year old can be mature. I really think it all matters if they are mature or not."
- Afnaan Damrah
"Yes. They should be [allowed online]. There is not an age limit as long as they are mature and responsible enough."
- Evin Wells
"I think all kids should be allowed online, as long as their parents are with them. But I believe kids shouldn't be on the Internet without supervision until they are about 14, and even then they should be monitored. It isn't that kids aren't responsible: other people on the Internet aren't responsible and could pose dangers for kids who are completely innocent and unaware that they are in danger."
- Ruqaiyah Damrah
BEC Sophomore
"I think that kids should be allowed online, they should be responsible with it. The best way to make sure is to put parental locks on the computer. The internet is a dangerous place but it can be used in a very entertaining way, so as long as the kid is responsible, yes, they should be allowed online."
- Caden Wheeler
"I think kids she be allowed online alone at the age of ten, but only if there's certain filters on the device, if not I would suggest waiting to about thirteen [to] fourteen before being allowed online without supervision."
- Moriah Heykamp
"I think that kids should be able to go online for school or educational reasons at a young age but if anything happens they should talk to a trustable adult to help them work out the problem. If they are older (11 and up) maybe [they] can do other things since they are older but if anything happens they should still talk to an adult so they can… help them fix the problem."
- Desiree Wicks
Photo taken by Shayla Miller, BWA Junior |
Q: define the border of ui-widget-content in the jquery modal dialoge I have two modals on one page. The border for the first is defined in the jquery.ui.theme.css file in the .ui-widget-content class.
Is there a way to append a style attribute and overwrite the one defined by the css file?
I want the second modal to have a different color border.
Here is my div:
<div id="dialog-modal" title="Discharge Warning">
<p>Are you sure you want to discharge this Patient</p>
</div>
Here is the jQuery for my second modal:
$('#dialog-modal').dialog(
{
modal: true,
autoOpen: false,
resizable: false,
draggable:false,
show:
{
effect:"blind",
duration:500
},
buttons:
{
'discharge':
{
text: 'Discharge Patient',
click: function () { $('#DischargeReferralForm').submit(); },
class: 'btn purple',
style: 'font-family: "Segoe UI", Helvetica, Arial, sans-serif'
}
},
});
$('.ui-dialog-buttonpane')
.find('button:contains("Discharge")')
.prepend('<i class="icon-ok"></i>');
$('#DischargeMgs').click(function () { $("#dialog-modal").dialog("open"); });
FYI: The page inspect trace's the color back to the ui-widget-content class.
A: I took a closer look at jQuery UI Dialog individual CSS styling and added to my css file:
.ui-dialog-content1
{
border-color:#6d1b81 !important;
}
and to my jquery file:
dialogClass: 'ui-dialog-content1'
|
The latest information and news from Kenyan Educational Support (KES). Offering opportunities to sponsor a child's education in Kenya.
Registered Charity: 1136745. Trustees: Simon Brister (Secretary and Financial), Nicky Hart (Legal), John Pearce (Chairman and Educational), Sam Pearce, Stephane Janes, Hannah Rooke.
KES supports education in Kenya, by providing scholarships to significantly disadvantaged bright, pupils to be boarding students at Bahati Division Academy (BDA) and other Kenyan schools; and by contributing to resources and facilities which will assist the education of these students.
Kenyan General Election
Kenyans attended the polls on Tuesday in the General Election. Voters had the opportunity to vote for 6 key positions including President, Member of Parliament and Women's representative.
The Presidential contenders are the current president Uhuru Kenyatta and rival Raila Odinga.
Final results are still to be confirmed.
Interim results show that Uhuru Kenyatta has secured a victory but it will be days until the results are verified and confirmed.
Supporters of Odinga are contesting the result amid claims of hacking and are claiming instead that Odinga has won.
Neutral observers have claimed the interim results are fair and the claim of hacking has been dismissed, stating that the evidence of a hacking attempt was found but the attempt was unsuccessful and did not affect the results. The country is now in limbo and carefully watching events unfold, trying to keep calm between opposing party supporters to prevent unrest and the extent of violence that broke out after the 2010 election where 1,100 Kenyans were killed and 600,000 displaced.
Here's a link to an interest analysis from BBC.
Updated 10 August 2017
Posted by Hannah Rooke at 17:34
Click on the picture to go to the official BDA website
The story of KES
Our charity aim
Donate while you shop online
Nearing a milestone
Uhuru Kenyatta confirmed as Kenyan president
Kenyan Educational Support (KES). Registered Charity: 1136745. Watermark theme. Powered by Blogger. |
Hello Newton fans and welcome to day 3 of our reveals at Newton's Nook Designs! Today, you may notice we have a theme going? How many of you are wine and or coffee drinkers? Well, to be honest, I enjoy both. Wine on occasion and coffee every single day!
On my first card, I just wanted a simple little design. I LOVE the font on the main image from this stamp set, "Coffee and Wine", which is the sentiment. I thought it was fun to stamp all the little coffee and wine images like a wreath sort of. It was so much fun to color these little cuties!
Next I used the stamp/die combo "Wine a Little" to create this fun card. I started by stenciling the background using a NND stencil, Bubbly I stamped out and colored the images and mounted them on a distress inked banner. A very simple card to make that I think turned out quite good.
So I hope you've enjoyed my cards today, keep scrolling and comment for your chance to win one of these sets!
Would you like to win the "Wine A Little or Coffee and Wine" Stamp Set?
Cute cards! Love the stamps.
Thanks for sharing such great onspiration for the adorable sets!!
Love the bubbly on the second card.
The coloring on the first is fantastic.
Such fun cards and love your coloring!
Beautiful cards, your coloring is gorgeous!!
Love these! The images look like so much fun to color!
Love the coloring on these wine cards! So realistic looking & beautiful!
Very cute cards! Love these stamps.
SO great! I love these! The wine one is wonderful!
Great job using the new released goodies!
Wow! Your coloring is fabulous! I can't get over how bright and intense it is! Both cards are just stunning!
Great cards, they both look amazing.
My favorite is definitely the one about wine and friends!
Fabulous stamp sets and fabulous cards!! Great job by the design team!!!
Awesome coloring on your fun cards! Love the new sets!
Good night, you sure can color 180 degrees from dark to light. I love the contrast you achieve!
You've made two fantastic cards !! The color combos you choose are so perfect !
Awesome cards! They are so fun and colorful.
your cards are colorful and cute! |
A customised hand-drawn illustration of a building of your choice. You will receive a high-resolution 300 dpi JPEG and PDF. See the examples shown in the product images for a guide of how the image may look upon completion.
A digital proof will be sent to you within 1-2 business days. You will be asked to approve this proof.
The final illustration will be emailed to you as high-resolution JPEG, PDF and PNG files (210 x 297mm OR 148 x 210mm depending on the size purchased).
Sarah is happy to answer any questions you may have at any stage of the process before or after purchase – she wants you to be delighted with the final product and will do her utmost to ensure you receive an original illustration to treasure. |
April 26, 2004 by DrMabuse
More than one million women (or 500,000 from the more conservative media outlets) marched on Washington yesterday. But apparently it wasn't enough to dominate the news. The Mobilization March on November 15, 1969, the largest antiwar protest in U.S. history, had a crowd estimated between 250,000 and 500,000 and it caused Nixon to announce two months later that ending the war would be "a major goal of United States policy." Somehow, I don't think we'll be getting anything like that from Bush (with twice the turnout of Mobilization) in June. That's nothing less than a goddam travesty.
[UPDATE: And a psuedo-blackout from the blogosphere too. Nothing whatsoever about the rally at Megnut, another tired potshot at Wonkette, an acknowledgment over at Oliver's (although overshadowed by a long essay, "Can the Right Fight Terrorism?"), a photo at Atrios, and some live coverage at Kos. But it's all pretty much reflecting the status quo. 1 million people. What does it take to be newsworthy? Or have protests lost their efficacy? Or is "feminist" a dirty word? Or does nobody want to talk about it? And, no, Scribbling Woman, you ain't chopped liver.]
[4/29/04 UPDATE: Just talked with someone who got back from Washington. She said there was definitely a million.]
← Previous Post There Isn't Any Narrative Value in "Only a Northern Song"
Next Post → The Latest Meme
rasputin April 26, 2004 at 4:41 pm
Bush doesn't pay attention to protest marches. He's also said he doesn't read newspapers, and gets his all information from his advisors (God help us) so he may only be partially aware that the march even took place. Like many leaders, he's convinced he knows what's best for us all, and protests, regardless of size are as the cries of children who don't want to eat their vegetables.
He believes that God wanted him to be president. People on missions from God are rarely interested in debate. In anycase, no amount of people protesting to protect abortion is likely to convince him — it merely confirms his faith. "The legions of Evil have come to Washington to shake my resolve. But I shall be strong! Look at how many! There is much to be done!"
lizpenn April 26, 2004 at 5:08 pm
re Wonkette's potshot: ooh, i'm so sorry my neck didn't look perfectly botoxed (or whatever you do to surgically erase time from necks) as i protested for the civil rights of half the population. maybe i should go on 'the swan.' jeez louise.
mjones April 26, 2004 at 7:13 pm
Tom Working April 26, 2004 at 9:48 pm
Rasputin, I would argue that Dubyah's disposition and Administration stance on issues are more indicative of the politico-bourgeois family and culture he comes from. This kind is rarely seen at the front of an army but rather at the back of it. One morality or spiritual path (and its laws, ALL of its laws) is as good as another. He comes from the kind of mentality that would make a whole new church just so he could divorce his wife.
Susan April 26, 2004 at 9:52 pm
It's fantastic that it got such a turnout, but I really feel defeated about the power of protest these days. Like others have said, this administration couldn't care less.
Charles April 26, 2004 at 11:39 pm
I thought it was sort of weird also. I'm not sure what it means. They say the objective count was about 800K flowing into D.C. That's a hell of a lot of people – more in fact than the number who live in The District. Even The Daily Show didn't mention it that much. There are probably a number of factors that account for the media ignoring it:
– The erosion of women's rights has been a slow insidious trickle from different states over the past few years. Unlike Vietnam, it has not been a visible fight that was on the TV every night for eight years. So the concept of protecting the reproductive freedoms of women is a more abstract and indeterminate cause.
– There is no real counterculture anymore in America – certainly no youth counterculture. The Mobilization March focused on the war, but the message was much larger; it was also about a generation coming together to effect change. This march was filled with a lot more older people. We also now have the cult of celebrity, which defines a public event by the number and caliber of actors that attend. The famous were women in their 60s like Whoopee Goldberg, Susan Sarandon, Hillary Clinton . . .all these old "b"-list celebrities who are always trotted out to represent the Left. And they just don't have credibility – we all know they're tools who do commercials for long-distance companies and soft drinks, and we imagine them sending their PAs out for a latte run in the SUV. Gone are the days when an activist could be famous for being an activist. The march attracted no big actors or musicians or other well-known personalities. So the media probably saw it as "boring." They don't want to cover stuff nowadays unless it's entertaining and sensational, since that's what boosts ratings.
– The Mobilization March also covered a huge umbrella of different community groups, particularly churches and civic organisations. The war was very unpopular by that point, and condemned by a variety of organisations. But very few organisations (and even fewer religious groups) are willing to stand up for women's reproductive rights. It's too decisive an issue. People either feel one way or the other, and there is no middle ground. I think the people marching against the war felt they really could help end it – no one believe marching for women's rights is going to change anyone's mind. So it lacks the energy and sense of history the war march had – and the media sees this and decides why bother covering it – it's not really "news" and won't change anything.
– Rightly or wrongly, people feel it doesn�t affect them. It�s not the same as people they know coming home in body bags. Basically, the anti-war message was very simple: we can�t win, so bring the soldiers home instead of sending more over every day to get killed. The message here is don�t allow the government to take away your most basic right to make private decisions about your own life. That�s a really hard thing to cover in a media context, because it is happening so insidiously. They haven�t outlawed abortion yet, they�ve just nibbled around the edge of the cookie. They�re very slowly taking away the option for the poor, people under 18, the rural, minorities, the less-educated, etc. These groups are always marginalized in the media � just like we have specials and TV movies when a blonde-haired, blue-eyed girl from a �good� family is abducted, but hear nothing of the hundreds of minority and poor kids snatched each year. Sooner or later, they are going to try and get rid of ALL reproductive rights. Ashcroft has actually made this the NUMBER ONE mission of the DOJ�s Civil Rights division (which is why I turned down a job offer from them recently.) His reasoning is they are protecting the �civil rights of the fetus.� That�s a quote. But it�s the old �First they came for the Jews . . .� idea. People (and therefore the media) won�t really care until little Melissa out in Starbucks-land is forced to carry an unwanted child.
CAAF April 27, 2004 at 7:45 am
I really don't have much to add except thanks for taking this one up, Ed. My own sense is that Bush and his administration ignores these things hoping that we'll go away.
It's a stance that feels strangely akin to "not bargaining with terrorists." Except, of course, we're not terrorists. We're American citizens, exercising our democratic rights and being ignored by our monarch, I mean, our president.
Bondgirl April 27, 2004 at 8:20 am
What others said… The Bush administration chooses to ignore that which it finds distasteful. Plus, they think abortion makes baby jesus cry.
All the major news outlets ran prominent stories on it, that I saw, and Hank Steuver did one of his funny, and oddly touching in the end, pieces on it in the WP.
Kevin Holtsberry April 27, 2004 at 10:41 am
If a million people marched on DC to demand the end of abortion on demand would you expect Bush to act on it? Is there something about this kind of march that demands Bush act differently? Does a million people demand a certain level of respect? 500,000?
I am not sure what you mean by this post. The Right to Life March in DC always has massive crowds and I don't belive the media or the blogosphere covers it in any more detail. I certainly saw plenty of coverage of this weekend's event on TV and I don't even watch much.
In terms of popularity, abortion on demand without restrictions is not supported by a majority of Americans according to most major polling data. As with a lot if issues, the two diehard groups are polarized and a good chunk of the public is awkwardly in the middle.
Although, I suspect Bush as the evil monster just works better emotionally in this case . . .
Given that abortion is for the most part still legal, the question you should be asking is not what Bush would do if a million people showed up demanding that it be outlawed — the question is, why aren't those million people marching now? The answer, it seems to me, is that Bush is already doing something about it, so they feel no need to march.
Bush is anti-abortion. This isn't a matter of two opposing sides struggling to convince a neutral party — the pro-life movement has Bush on their side already. Whether the people he answers to on that issue are marching on his lawn, or sitting at home, speaking to pollsters, or sending letters and campaign contributions, he would no doubt continue with his current course of action. He's already doing what they want him to do.
In anycase, the point still stands: his position is based on his own morality and those poll numbers you mentioned — marches, pro life or pro choice result in no change of policy, although for different reasons.
In all of these posts, I've not seen anyone call Bush an evil monster. Just that the power of protest leaves him completely unmoved. That's not monsterous, just annoying. It's not like anyone's accusing him of murdering someone and making it look like a suicide, or using the CIA to acquire drugs for personal use or anything like that. No. Bush isn't monsterous. Just wrong.
scribblingwoman April 26, 2004 at 6:02 pm
Marching for women's lives
Go to ms. musings for a series of exhilarating, exuberant, posts on the march yesterday. Addendum (4:27): More on… |
We just came back from Karlsruhe where we attended LEARNTEC this week to have a look at the top trends in digital education for 2018. LEARNTEC is one of the top events in Germany when it comes to e-learning and digital education. With more than 280 exhibitors, over 250 speakers, and a large congress, LEARNTEC provides a great overview on state-of-the-art technologies in learning and inspires to think about the future of education. We were in particular interested to learn, how Artificial Intelligence (AI) is used in education and which approaches align with our own efforts to make this technology accessible in digital learning. Here is a short recap of our visit in case you missed LEARNTEC 2018 yourself.
Before describing three trends in greater detail, let us quickly talk about two other prominent topics this year. First, Gamification seems like a wildcard technology that can be added everywhere. While it is certainly successful in different settings, there is also a growing group of people that have mixed feelings about it because it is mentioned so excessively. Secondly, Blended Learning is all around. While it is a meaningful concept, the implementation of it still comes with different obstacles. Issues such as an insufficient infrastructure or missing hardware to provide the experience to every learner are still omnipresent. Besides those two topics, we identified three other hot trends this year.
Virtual Reality (VR) is still a huge trend in digital education. While its mainstream usage may be stagnating, education offers a very large set of use cases for VR. One of the main use cases is employee training. On the one hand, this can support apprentices at their work and training. On the other hand, VR also allows getting an initial experience for new physical environments like cockpits of a crane. At goedle.io, we are also exploring how VR is changing the analytics space and what additional information can be tracked when taking physical sensors into account. For this setting, however, we weren't able to find an outstanding solution. Since learning analytics is still not widespread and platforms only begin to implement it, VR analytics as a source for analyzing learners' behavior hasn't found its way into commercial products yet.
Adaptive Learning is one of the most often mentioned ideas these days and there are different understandings of it. There exists a learner-centric view and a system-centric approach. For the learner-centric view, the applications offer different learning theories to strengthen the learners' knowledge. For example by changing the order of exercises or content. For the system-centric approach, some Learning Management Systems (LMS) make use of rule-based algorithms to build learning pathways. In a nutshell, if a learner fails a course, their learning pathway will select a new branch based on a given rule. We see a lot of potential in this development and we have recently used machine learning algorithms that can create and test new learning pathways automatically. From our perspective, the next step is to build pathways not only based on static rules but instead use the predicted future behavior of a student for adaptive learning. To be more precise, we are investigating at-risk student prediction to modify learning pathways in such a way that the number of course dropouts is reduced. Prediction of at-risk students can be seen as a form of churn prediction and more about this topic can be found here.
An increasing number of LMS' are including functionalities to build quiz apps based on course material. This extends the use cases of many LMS' and improves the user experience. This can also be seen as the transition to mobile learning where course material is brought to smartphones and tablets, and allows students to learn independently of their location. However in many cases, it is not necessary to maintain an entire LMS but instead a simple app is sufficient for certain learning scenarios. Think of a small company with teams in different locations. For example, a few sales representatives abroad. These teams can now easily be trained at much lower costs with a mobile app.
All in all, LEARNTEC 2018 has been an inspiring visit for us and we are certainly planning to come back in 2019. We have seen different areas where AI, and in particular machine learning, can make a substantial difference. This aligns very well with our idea of AI in education. If you are interested to learn more about learning analytics, dynamic content adaptation, and AI in education, please reach out to us. And don't forget to subscribe to our newsletter and follow us on Twitter.
Next Next post: Mocking Web Requests in Unity – Fake it until you make it! |
MediSoft East Africa was started in April 2011 by two medical doctors, pursuing postgraduate studies in Radiology at the University of Nairobi and a computer science graduate who was then pursuing her MBA.
Creation of this company was inspired by the glaring underuse (or lack of use) of available medical I.T solutions in Kenya and the region. As we talked to potential users, it emerged that main reasons why practices have not tapped existing technology to improve productivity was mainly limited information on available solutions and time to find the information.
Inhibitive costs for such systems and concerns about support (as most vendors are from other continents) were also major hindrances. Having a great interest in medical informatics and knowing what is available and possible, we decided to be part of the solution.
To be Africa's leading Radiology ICT provider.
This includes installation and configuration of medical software, training and continuous support at a very affordable cost.
Picture Archiving and Communication System (PACS) that fits your budget.
Filmless Printing Solution that will reduce recurrent costs tremendously at your radiology practice.
Radiology Information System to manage workflow at your radiology department/practice.
Voice recognition system that dramatically reduces time consumed during clinical documentation and reporting.
Dicom Viewers that meet the most basic to the most complex needs in visualization of images within radiology. |
Based on the look of our yard this morning, last night's rainstorm was as intense as it had sounded. Our patio chairs were blown off our porch and broken branches were swept across the yard.
Still, by morning, calm had settled. The whipping winds from the night had been replaced with a lushness that can only come from a good spring rain. As I walked to my morning class, I absorbed the full scene across campus: the puddles, the scattered debris, but most of all, the freshness that lingers once a storm has passed.
And sometimes, on a Thursday afternoon, you simply don't feel like you have time to deal with a broken van door and an odd stockpile of really FROZEN frozen foods in your freezer.
But then Friday morning comes, and you realize that all storms pass. Van doors eventually get fixed, and schedules fall back into order, and you accept that frozen foods don't mean that much in the grand scheme of life. Plus, sometimes, the storm makes you more aware of your surroundings than you would have otherwise been, like how I kept encountering this refrigerator artwork each time I chipped more food free from its freezer encasement.
Yes, storms pass, and in their wake, there's often some refreshment. |
Ula Ruth, The Rally @ Mercury Lounge, 1/14/16
By Harrison June at 2:00 PM, Jan 18th, 2016 in Live
I caught wind of the guys in rising New York band Ula Ruth just earlier this week with a heads up to their catchy single from last month, "Strung Out". The four-piece style themselves as a moody, urbane form of indie rock. 2016 ought to be a year for them to seek to establish themselves around an upcoming EP. Live, they impressed and I'm optimistic to see how their year goes from here. Their set was punctuated by a timely tribute of David Bowie's "Let's Dance" that singer Nic James self-deprecatingly joked about being impossible to follow up upon. We're all gonna miss that guy.
Italo-rockers The Rally opened the gig. Their energy had the place quite full early, and everyone with a beverage shared in guitarist Eli Razavi's toast. Hoping to hear news of more recordings soon or a stronger push from them this year to, as I like their live sound. Check out "I Was Wrong" as an apéritif.
The Rally
Ula Ruth
Tagged: indie rock, Mercury Lounge, the rally, ula ruth |
Guidelines for Indigo Adults indicate they came in about 1950 – 1972. My birth, however, occurred August 19, 1945. I never considered or knew myself to be and Indigo Child. Recently, it dawned on me that, Yes, I am an Indigo.
In the last year, it has become clear my next step in my life purpose involves mentoring and teaching the New Children. These include Crystals, Rainbow and Sun Children. The purpose, also, includes assisting parents and others connected to these children.
Indigo's often have been described as Warriors. They come in to break down old matrices and systems of control and power that no longer serve the common good.
I describe a following signs, in reference to myself. These signs, however, can also apply to other Indigo Adults. More signs also exist.
As a young child, teen and adult, I surrounded myself with books. I thirsted, as an adult, to understand the deeper core meaning behind esoteric religions, psychology and wisdom teachings of the world. At 24, I knew intuitively with full certainty that the most important thing in life focused on my inner emotional and spiritual growth – outer material career meant nothing. I needed to discover and know my true nature.
Initially, had a challenging time at school. I had no interest. This shifted in grade 3 when a teacher talked to my mother. I have no memory what my mother said to me. From that time on, however, I totally focused on doing my best.
Even though I disliked authority and control, unlike some Indigo's I refrained from being a rebel.
In my family, my father as an alcoholic raged at my mother. I felt unsafe and insecure and, as a result, I withdrew and went inside myself. In addition, I became quiet and invisible.
As a Peacemaker or Unifier, here is more explanation.
The Unifier portrays my spiritual archetype. A Unifier has the ability to find and hold peace and balance between opposites. With any gift/talent a shadow quality presents itself as a challenge to move through. So, at the low end, of the polarity of Unifier, lies the victim which manifests as either anger or hopelessness/helplessness. This polarity has been a major ongoing challenge for most of my life. See more in feelings of despair below. |
Coolum State School is a 'Uniform School' where uniforms and shoes must be worn at all times. Coolum State School Uniform shop is run by the P & C and all profits go directly back to the school. The Uniform Shop is located at the P & C Centre.
Order Online, by phone or at the Uniform Shop.
Tuesdays, Wednesdays and Thursdays between 2:00 – 3:15.
Other times by arrangement. Credit Card by Phone: 54719300. Layby Welcome. |
At the age of 14, Selenay Dagdelen has the talent and experience of folks twice her age and more.
We've all seen The Voice at least once, or one hundred times, at this point. There are so many really talented people who come across that stage, impressing the professional judges with their unique talents. The best thing about this show is that the judges don't get a chance to, well, judge the contestants based on their appearance. They're picking their teammates based solely on their sheer talent.
Sometimes, there's pure shock when they turn around in their chairs and see what the person who was making all that noise looks like. When the judges turned around when they heard a very classical voice and saw a skinny, tattooed man? They didn't believe that he was the one really singing! |
We don't have a biography for Fergie.
On New Year's Eve, the luxury ocean liner Poseidon capsizes after being swamped by a rogue wave. The survivors are left to fight for their lives as they attempt to escape the sinking ship.
Genre: Action, Adventure, Thriller
Stars: Richard Dreyfuss, Kurt Russell, Emmy Rossum, Josh Lucas, Jacinda Barrett, Mía Maestro, Mike Vogel, Kevin Dillon, Freddy Rodríguez, Jimmy Bennett, Fergie, Andre Braugher, Kirk B.R. Woller, Kelly McNair, Gabriel Jarret, David Reivers, Gordon Thomson, Jan Munroe
My Life So Far
Memoir of the lives of a family growing up on a post World War I British estate headed up by a strong disciplinarian, her daughter, her inventor husband, their ten year old son and his older sister. Through the household comes a n...
Stars: Colin Firth, Rosemary Harris, Irène Jacob, Mary Elizabeth Mastrantonio, Malcolm McDowell, Robert Norman, Tchéky Karyo, Kelly Macdonald, Roddy McDonald, Daniel Baird, Jennifer Fergie, Kirstin Smith, Sean Scanlan, John Bett, Anne Lacey, Olivia Preston, Sarah Turner, Moray Hunter
Steve Jobs: One Last Thing
IMDb 6.72011 56m
Friends, fans, colleagues, and rivals reflect on the talents and achievements of Apple co-founder Steve Jobs. Includes excerpts from an interview with Bill Gates and Jobs shortly after his cancer diagnosis.
Genre: Biography, Documentary
Stars: Bill Fernandez, Robert Palladino, Dean Hovey, Ross Perot, Demetri Goritsas, Robert X. Cringely, Steve Jobs, Will.i.am, Steve Wozniak, Tim Allen, Apl.de.Ap, Richard Branson, Fergie, Tom Hanks, Eddie Izzard, Walter Mossberg, John Sculley, David Sheff
A suburban family moves to a new neighborhood with their large, yet lovable Great Dane, who has a tendency to wreak havoc in his own oblivious way.
Stars: Owen Wilson, Judy Greer, Lee Pace, Emma Stone, George Lopez, Christopher Mintz-Plasse, Steve Coogan, Fergie, Kiefer Sutherland, Damon Wayans Jr., Marlon Wayans, Sam Elliott, Caroline Sunshine, Finley Jacobsen, Mandy Haines, Milana Haines, David Walliams, William H. Macy
Famous film director Guido Contini struggles to find harmony in his professional and personal lives, as he engages in dramatic relationships with his wife, his mistress, his muse, his agent, and his mother.
Genre: Drama, Musical, Romance
Stars: Daniel Day-Lewis, Marion Cotillard, Penélope Cruz, Sandro Dori, Nicole Kidman, Judi Dench, Sophia Loren, Kate Hudson, Fergie, Ricky Tognazzi, Giuseppe Cederna, Elio Germano, Roberto Nobile, Andrea Di Stefano, Romina Carancini, Alessandro Denipotti, Alessandro Fiore, Erica Gohdes
Arthur et la vengeance de Maltazard
Arthur answers a distress call from Princess Selenia, who is menaced by the nefarious Maltazard.
Genre: Adventure, Animation, Family
Stars: Selena Gomez, Freddie Highmore, Omar Sy, Mia Farrow, Snoop Dogg, Jimmy Fallon, Fergie, Logan Miller, Mylène Farmer, Robert Stanton, Will.i.am, Penny Balfour, Lou Reed, Gérard Darmon, Jean-Paul Rouve, David Gasman, Bernard Alane, Doug Rand
Planet Terror
After an experimental bio-weapon is released, turning thousands into zombie-like creatures, it's up to a rag-tag group of survivors to stop the infected and those behind its release.
Country: Mexico, United States
Stars: Rose McGowan, Freddy Rodríguez, Josh Brolin, Marley Shelton, Jeff Fahey, Michael Biehn, Rebel Rodriguez, Bruce Willis, Naveen Andrews, Julio Oscar Mechoso, Fergie, Nicky Katt, Hung Nguyen, Cecilia Conti, Tommy Nix, Tom Savini, Carlos Gallardo, Skip Reissig |
fundacja@maszszanse.info
Projekt MEN
Schemat badań
Listy MEN
Panele eksperckie
List Ministra Edukacji Narodowej
Opis warsztatów
Conference Programe
Streszczenia i prezentacje / Abstracts and presentations
Prezentacja projektu na konferencji EUSPR
Materiały i narzędzia
Stres i trauma
Broszury informacyjne
Książka "Profilaktyka w szkole"
The book "Prevention in school"
Pakiet WHO SH+
Jak rozmawiać z osobami w kryzysie
Українські та російські допомоги - NCTSN
Schools Training Menu (all free, no cost)
Below is a selection of trainings that our team can offer while in Poland. We are flexible with what we offer and when. We would welcome the opportunity to co-facilitate sessions with your leaders, educators, students, families, and volunteers.
In addition to the trainings, we are happy to co-facilitate activities with students to foster student integration and well-being. Activities from STRONG (described below) may be used for this purpose.
1. Multi-tiered School Support (MTSS) for Ukrainian Refugee Youth
Trainers will provide training and consultation with school leaders on building multi-tiered school support for refugee youth. School leaders and administrators will discuss strategies at each tier of support, including universal (Tier 1) welcoming and well-being supports for all students, preventive (Tier 2) strategies to promote resilience and coping, and targeted interventions (Tier 3) to address distress and difficulties related to the newcomer experience. (See MTSS Figure below).
Audience: School leaders/administrators
Training time: 1-2 hours
2. Psychological First Aid for Schools (PFA-S)
PFA-S is an evidence-informed intervention model to assist students, staff, and families in the immediate aftermath of an emergency and can be used by any trained staff member or community partner. Trauma-related distress can have a long-term impact. PFA-S uses brief interventions to produce positive results that last. PFA-S is designed to reduce the initial distress caused by emergencies, allows for the expression of difficult feelings, and assists students in developing coping strategies and constructive actions to deal with fear and anxiety.
PFA-S assists students, staff, and families by
▪ Establishing a positive connection in a non-intrusive, compassionate manner;
▪ Enhancing immediate and ongoing safety and providing physical and emotional comfort;
▪ Calming and orienting those who are emotionally overwhelmed or distraught;
▪ Helping to identify their immediate needs and concerns and offering practical assistance and information to help address these needs and concerns;
▪ Empowering individuals to take an active role in their recovery, by acknowledging their coping efforts and strengths, and supporting adaptive coping; and,
▪ When appropriate, linking those in need to other relevant school or community resources such as school counseling services, peer support programs, afterschool activities, tutoring, primary care physicians, local recovery systems, mental health services, employee assistance programs, public-sector services, and other relief organizations.
Audience: School personnel, students and families
Training time: 2 hours
3. Health Support Team (HST) Training 2 options)
Health Support Team is a disaster focused behavioral health training that is appropriate for anyone who would like to become better informed and trained on how to help their families, friends, neighbors and communities.
The training covers the following:
Common responses of children and teens to the impact of disasters
Factors important for recovery from disasters
Ways to increase resilience
How the impact of trauma may show up in the classroom
Understanding emergencies for mental health and substance abuse
When to refer for professional help
Tools to help manage the stress responses to disasters
Self-care, and avoiding compassion fatigue
Option 1: Training opportunity for anyone who is a parent, caregiver, or other adult helping a child or teen. This training is focused on the impact of disasters on children and teens and ways to assist them. This is a half-day training and will include access to the HST PARTICIPANT manual.
Option 2: Training of Trainers. Training opportunity for educators, mental health providers, and school-based staff who are involved in helping a child or teen. This training is for those who have some basic understanding or training in behavioral health and is focused on how to train out this material to others. The training covers how to become a trainer for this curriculum and how to deliver the training materials and lessons. This is a half day training and includes access to the HST TRAINER Manual.
4. Supporting Transition Resilience of Newcomer Groups (STRONG)
STRONG is an evidence-informed, school-based intervention for newcomer (refugee/immigrant) youth (K-12th grades) to support their transition to a new school and community. STRONG is intended for students experiencing psychological distress or difficulties functioning at home, school or in their community, often related to the adversities and trauma experienced during the transitions of migration and settlement. STRONG is delivered by school mental health clinicians and is comprised of 10 group sessions, one individual student session, and teacher and parent education sessions. Elementary (K-5th grade) and Secondary (6th-12th grade) versions are available.
Core components of STRONG:
Resilience-Building Skills
Understanding and Normalizing Distress
Cognitive Behavioral Intervention Skills o Relaxation o Cognitive Coping o Exposure o Goal Setting o Problem Solving
Journey Narrative
Peer, Parent, and Educator Support
To learn more about STRONG, see the US STRONG website and the Canadian STRONG website .
Audience: Mental health professionals
Training time: 8-12 hours
Sharon Hoover, PhD is a licensed clinical psychologist and Professor at the
University of Maryland School of Medicine, Division of Child and Adolescent
Psychiatry and Co-Director of the National Center for School Mental Health (NCSMH). She currently leads NCSMH efforts to support states, districts and schools in the adoption of national quality performance standards of comprehensive school mental health systems (www.theSHAPEsystem.com). Dr. Hoover also serves as Director of the NCTSN Center for Safe Supportive Schools (CS3), focused on building trauma-responsive, comprehensive school mental health systems that attend to social determinants and injustices and engage and support marginalized populations, including youth of color and newcomer (refugee and immigrant) youth. Dr. Hoover has led and collaborated on multiple
federal and state grants, with a commitment to the study and implementation of quality children's mental health services. Creating safe, supportive, and trauma-responsive schools has been a major emphasis of Dr. Hoover's research, education, and clinical work. She has trained school and community behavioral health staff and educators in districts across the United States, as well as internationally, including consultation on building safe and supportive school mental health systems in Canada, China, Northern Ireland, South Korea, Ukraine, and New Zealand. As an advisor to the World Health Organization, Dr. Hoover has provided consultation and technical assistance on comprehensive school mental health in several countries, including developing and implementing a student mental health curriculum for teachers throughout the Middle East and developing and evaluating a school-based intervention to support immigrant and refugee youth in Canada and the United States.
Jeff Bostic, EdD, MD is a Professor in the Department of Psychiatry at MedStar Georgetown University Medical School in Washington, DC and Director of the Center for Well-Being in School Environments (WISE). He is a child and adolescent psychiatrist and was Director of School Psychiatry at Massachusetts General Hospital/Harvard Medical School, where he remains as an adjunct faculty member and continues to supervise child psychiatry staff working with schools. Dr. Bostic obtained his Masters and Doctoral degrees in education curriculum and development prior to medical school and he has continued to apply child psychiatry principles into educational settings. He has worked in over 100 school districts in the Northeast, as well as provided consultation for school practices in recent years in South Korea, Chile, Ukraine, and China. The focus of his work has been on improving mental health for children in the school setting, especially in vulnerable populations. He has created mental health curriculum for educational staff to cultivate resilience in youth impacted by adversities. He has specifically developed mental health curriculum for teachers to improve mood regulation, conflict resolution, social integration and social skills, and executive functioning skills, which has been adapted by the World Health Organization for use in 17 Middle Eastern Countries. Dr. Bostic has led efforts to promote educator well-being, including the development of a free online course for teachers, TeacherWISE. He has specific interest in empowering school staff to embrace children impacted by trauma or other difficulties, and to support those children and families in coping and healing amidst a new environment.
Eric Bruns, PhD is a clinical psychologist and Professor of Psychiatry and Behavioral Sciences in the University of Washington School of Medicine. Dr. Bruns's research focuses on public child-serving systems, and how to maximize their positive effects on youth with behavioral health needs and their families. Toward this end, Dr. Bruns focuses primarily on two areas with high public health significance. The first is intensive care coordination models for youths with serious emotional and behavioral challenges. In this area, Dr. Bruns co-directs the National Wraparound Initiative (www.nwi.pdx.edu) and the National Wraparound Implementation Center
(www.nwic.org), and directs the UW Wraparound Evaluation and Research Team (www.wrapinfo.org). In this area, Dr. Bruns has led multiple federally-funded (NIMH, SAMHSA, CMS) research and intervention development projects aimed at defining and evaluating impact of intensive care coordination models. The second area is school mental health services. In this area, Dr. Bruns is Associate Director of the UW SMART Center, where he leads the Center's Technical Assistance Core and directs its Institute for Education
Sciences (IES)-funded Post-doctoral Research Training Program. He has served as PI or Co-I on six Institute for Education Sciences (IES)-funded research studies, on topics such as development and efficacy testing of an assessment, engagement, triage, and brief intervention strategy for school clinicians and counselors, intensive Tier 3 intervention-models for high school students with SEBC, and methods for addressing racial disparities in school discipline.
Robin Smith, MA received a Masters degree in Applied Child and Adolescent
Psychology from the University of Washington and is a Licensed Mental Health Counselor Associate (LMHCA). Ms. Smith is trained in and provides exposure-based cognitive behavioral treatment (CBT) for anxiety disorders, including obsessivecompulsive disorder, panic disorder, and generalized anxiety disorder at the Evidence Based Treatment Centers of Seattle. As a Washington Department of Health volunteer on the COVID-19 Behavioral Health Disaster Response Team, Ms.
Smith triages and provides trauma treatment to youth impacted by the pandemic. Ms. Smith enjoys increasing access to and understanding the science of mental health by creating and facilitating workshops for youth both in the US and abroad. She previously worked as a recruiter for Future Leaders Exchange Program (FLEX)
and continues to work with American Councils and FLEX alumni to offer Health Support Team training, most recently in Moldova and Kyrgyzstan. Ms. Smith speaks conversational Spanish and Russian.
SYSTEM ODDZIAŁYWAŃ PROFILAKTYCZNYCH W POLSCE - stan i rekomendacje dla zwiększenia skuteczności i efektywności planowania i realizowania działań profilaktycznych w mikro i makro skali. Projekt realizowany przez Fundację "Masz Szansę" jako zadanie publiczne na zlecenie Ministerstwa Edukacji Narodowej w ramach programu Bezpieczna+. Umowa nr MEN/2016/DWKI/1175 © 2017 Fundacja Masz Szansę |
Hyderabad Gives A New Meaning To Plastic Waste, To Use Paver Tiles Made From Recycled Plastic
Nearly 30,000 polybags have been recycled into paver tiles by a Delhi-based company that will be used on roads of Hyderabad
Written By: Gopi Karelia | Edited By: Sonia Bhaskar |
Mumbai: Pedestrians in Hyderabad will now get a chance to walk on discarded plastic or rather tiles made from waste – like polybags, chips packets, plastic bottles, bottle caps and so on. The city, which is known for its unique ways to reuse waste like using using tyres as furniture in government offices, has cracked yet another innovative model to beat plastic pollution and prevent the plastic from reaching its landfill. Bamboo House India, a social enterprise in collaboration with the Greater Hyderabad Municipal Corporation (GHMC) are using paver tiles on roads made from thousands of used polybags and other plastic items.
Also Read: Hyderabad's 'Swachh Dooth' App: Segregate Waste And Stand A Chance To Win Rs 1 Lakh
Talking to NDTV about this new initiative, Prashant Lingam, founder of Bamboo House India says,
We are always in the process of experimenting with city's plastic waste. In the past we have refurbished plastic into several products and furniture. After using plastic paver tiles for a pavement in June, the GHMC gave us the contract of using such tiles on city roads. Paver tiles will be used in two of the city's prime locations to attract maximum attention.
The tiles made from 30,000 plastic carry bags were procured last month from a Delhi-based company Shayna EcoUnified India Pvt. Ltd. The work on installing paver tiles has already started. With expert advise from Bamboo House India, the civic corporation is likely to complete the project in a few days.
The tiles will be used to cover 1,500 square feet of area in Shilparamam and 3,500 sqaure feet in a pet park. Since Shilparamam is located right in the middle of the city and many software companies are in the same area, the paver tiled walkway made from plastic is likely to draw attention.
The tiles are made from 30,000 plastic carry bags
"A board will be placed in both the locations giving details of the project. As people will read it they will get aware about our plastic pollution and the urgent need to tackle it. Besides, the project will also set an example of how plastic waste, if used smartly, can turn into something useful," explains Prashant.
Also Read: To Make Hyderabad Clean, Young Engineers Are Participating In Clean-Up Activities Over The Weekends
The paver tiles from plastic come with twin benefits. It will solve the problem of road digging. Usually, when a water connection pipe is to be repaired or a telephone wire is to be installed the civic corporation digs a portion of road and the road has to be made again. Both, time and huge amounts of money is spent in the exercise. In case of paver tiles, all one has to do it to lift a patch of the tile, complete the task and put it back.
Secondly as opposed to regular cemented roads, the paver tiles cost much less. While an average road construction costs up to Rs 10 lakhs, the paver tiles purchased by the GHMC cost around Rs 3 lakhs. Besides, the tiles can take approximately 20 tonnes of weight so the possibility of cracks is eliminated.
Depending on the success of the initiative, it will be extended to other public areas, especially the areas near bus shelters.
If there is any project that encourages waste management and recycling we always take it up. More importantly, we try to undertake the project that can be showcased in the public domain to spread awareness. After studying the pros and cons of fitting plastic paver tiles the corporation gave a green signal. The roads will be studied for few months and if successful we will expand it in other areas as well, Hari Chandana Dasari, West Zone Municipal Commissioner tells NDTV.
Toilets Made From Plastic Waste
Apart from paver tiles project Prashant and his team are also working on another pilot project using plastic waste. the team has built toilets from plastic waste to provide sanitation and hygiene to children in a government school in the city. The toilet project happened when during one of their projects Prashant came across a recycler who makes boards from various scrap plastic materials. After researching for months, Prashant came to a conclusion that the boards can be used to make toilets.
The toilet is stand-alone toilet meaning that it can be dismantled and moved whenever needed. It is also cost-effective as it costs around 40,000 as against one lakh. The height is eight feet and is a 4×4 model. The walls and flooring will be made from 400-500 kilos of plastic waste, says Prashant who has previously made a bus shelter, dining table and a water tank from discarded plastic.
Like the paver tiles, the functioning of the toilet will also be tested for a few months before the project can be scaled up and more such toilets built.
Also Read: Hyderabad To Go Swachh With 130 Loo Cafes, Equipped With Smart Toilets, Cafes And ATM Services
NDTV – Dettol Banega Swachh India campaign lends support to the Government of India's Swachh Bharat Mission (SBM). Helmed by Campaign Ambassador Amitabh Bachchan, the campaign aims to spread awareness about hygiene and sanitation, the importance of building toilets and making India open defecation free (ODF) by October 2019, a target set by Prime Minister Narendra Modi, when he launched Swachh Bharat Abhiyan in 2014. Over the years, the campaign has widened its scope to cover issues like air pollution, waste management, plastic ban, manual scavenging and menstrual hygiene. The campaign has also focused extensively on marine pollution, clean Ganga Project and rejuvenation of Yamuna, two of India's major river bodies.
Hyderabad Plastic Free Plastic Waste Waste Management
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Pollution Free Garbage Vehicles All Set To Revamp Door-To-Door Waste Collection System In Tamil Nadu
Latest Research Find E-Waste Emits Emerging Synthetic Antioxidants
India's Plastic Waste Generation More Than Doubled In 5 Years: Centre
United Nations Plans To Drastically Expand Plastic Waste Management In India
COVID-19 Pandemic Generated 8 Million Tonnes Of Plastic Waste: Study
EDMC Runs Green Campaign, Plans To Make Vikas Marg Stretch Single-Use Plastic-Free
Greater Noida Gets First Remediation Plant To Process 3 Lakh Tonnes Of Waste
lakshmi prabha
Can waste be collected by your organization in Hyderabad also? Iam stationed in Noida and i religiously do waste segregation here. My parents stay in Hyderabad . No organisation has so far voluntarily offered to pick up non biodegradable waste from homes in their locality. They would be very obliged if your organization can reach out to them
How are these tiles made Fire resistant?
Wawww what technology
I need pevers for road footpath plz contact me
Arushi
Amazing work ???? |
Chris Bertish accepts Carrick Wealth Ambassadorship
International Speaker, Author, Ocean Pioneer and the first person to single-handedly stand-up paddleboard (SUP) across the Atlantic Ocean – Chris Bertish – has accepted an offer to become an Ambassador for Carrick Wealth.
Chris Bertish, the 42-year-old South African who made the 7500km crossing in 93 days, completely unsupported and unassisted, said he is proud to accept an offer to be an ambassador for Carrick due to Carrick's corporate ethic of independence, its positive attitude and vision for the future of South Africa. Carrick's ability to positively navigate through challenging times sat well with Chris's always positive, optimistic attitude to deal with and overcome any obstacle and challenge that comes his way, both in and out of the water. Furthermore, the partnership complements his adventurous spirit, passion for adventure, and his compassion for others.
"I'm inspired by pushing my own limits, borders and boundaries," said Chris. "And through the adventures and world records I achieve, I hope I'm inspiring others to believe in themselves and what's possible."
While he seeks to inspire and help others, Chris also acknowledges that he surrounds himself with people who inspire and help him. He is the first to point out that while he was the man who stood, paddled and endured overwhelming challenges for 93 days, without a great team behind him, it wouldn't have been possible.
But Chris had a mission. He didn't just wake up one morning and say, "Right, I'm doing a Trans-Atlantic crossing," proceeding to order a designer-built SUP. He had a clear purpose and made a detailed plan to achieve it: the planning stage lasted five years, almost two thousand days.
Carrick's Director of Development and Brand Kieron McRae, said this combination of a bold vision, a clear plan of action and total focus is what lies at the heart of Carrick's relationship with its clients. It was Chris's attitude, vision and integrity that made him an ideal Carrick Wealth Ambassador.
"We consider our clients as part of the team. We establish what they have in mind and what they want to achieve," said Kieron. "Then we have a clear purpose that enables us to put in place the necessary plans to make that cross over into reality."
Carrick Wealth CEO, Craig Featherby, said: "Chris is the embodiment of our corporate culture: independent and smart, focused but adaptable. We are proud to have Chris on board."
Posted in General Interest, Latest Articles, Read and tagged Ambassadorship, carrick, Chris Bertish, Pioneer, the SUP crossing
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This is the second in a series of posts detailing how to setup basic responsive page structures using CSS. In this post, I will be covering how to handle two column layouts, first with the content on the left and the sidebar on the right and then the other way around.
Here is a simplified example of the HTML output of the Solum theme. If you already read the post on single column layouts, you'll notice that the only addition is the #secondary div which holds the sidebar.
The structure is explain in more detail in the single column layout post, so I'll just continue on to the CSS.
We'll use the CSS reset from the single column post as well.
We'll start with just one column for the mobile layout, with the content column coming first and the sidebar below it. Before we get to that, lets add some color so we can tell the different elements apart.
Just like the single column layout, the #header is gray and the #main section is lighter gray. However, this time we've added a border around the #secondary div that hold the sidebar. Now let's move on to the actual structure.
Starting at the beginning, the .wrap divs have a maximum width of 1140px and are centered on larger devices by the setting the margin to "0 auto". The padding is to keep the text from touching the borders of the browser on smaller screens.
The code in the .wrap:after section is to make sure each .wrap div contains all floated elements inside it, rather than letting the floated elements overlap the edges. This is often called a "clearfix" hack. For a brief history of clearfix hacks over the years, check out Chris Coyier's article, Force Element To Self-Clear its Children.
The #primary section sets a maximum width for the main content column. We don't ever want a content column getting really wide because wide columns are more difficult to read. Here we're limiting this column to 720px and centering it using "margin: 0 auto;" for when the screen is larger than 720px.
The #secondary section limits the sidebar width to 400px. Sidebar content is rarely intended to be displayed in a wide area. Since the sidebar will not be wider than 400px in the full two column layout, we limit it here also. This way the sidebar will appear in a consistent manner regardless of the screen size. Just like the other elements, we center it using "margin: 0 auto" and then give it a padding of 1em so the content doesn't touch the border we gave it earlier. Here's what it should look like on mobile.
First let's look at the @media screen line. This line determines when the enclosed CSS is applied. In this case, it is applied when the website is being displayed on a screen that has a width of 900px or more.
The #primary section is floated to the left and given a width of 65%. Then 1em of padding is added on the right to prevent the enclosed content from touching the sidebar that will be positioned next to the right of the main content.
The #secondary section is floated to the right and given a width of 35%, so that it sits next to the #primary section.
Finally, if we wanted the sidebar to be on the left and the content on the right, we would only need to change the float directions of the #primary and #secondary columns in the media query section of the stylesheet and change "padding-right" to "padding-left" on the #primary div.
That's all for today. The next post will cover three column layouts. If you have any questions or comments, feel free to let me know via the contact page. Thanks! |
Canvas 9 Professional Edition
By Greg Miller
ACD Systems Canvas 9 Professional Edition
ACD Systems' Canvas 9 Professional Edition is primarily for technical illustrators who need to design precision graphics. It can also pinch-hit as an image editor or an illustration program -- plus, it can serve as a page-layout, drawing, presentation, and Web-site program. Surprisingly, Canvas does all of these tasks well, so it's an attractive technical tool for illustrators who also like to exercise their creativity.
Fingertip Control
Developers of complex programs such as Canvas 9 strive to make efficient interfaces. ACD Systems has done this by enhancing existing features and adding new ones. A terrific new feature is the Properties bar, a horizontal display that shows relevant information about and options for an active tool or object. Select a new object or tool, and the bar changes to show the appropriate options. Properties -- such as scale, dimensions, object locations, level of opacity, fonts, and kerning -- are constantly displayed at the top of the main window, without intruding on the drawing. Available at a click from the Properties bar is the new dynamic help, which automatically shows detailed instructions for the current tool or object and doesn't take up a lot of screen real estate.
Improved palette management gives you more control over palette and subpalette visibility as you move from one tool to the next. And you can minimize palettes and dialog boxes to unobtrusive, quickly accessible tabs on the edge of your drawing, so you can customize the interface according to your needs.
Precise Differences
A new double floating point, 64-bit coordinate system gives Canvas 9 the precision that technical illustrators need in order to make scaled and measured drawings -- precision usually found only in CAD (computer-aided design) programs. For instance, you can draw illustrations to scale; this is different from drawing them proportionally, as you might do in a typical illustration program.
Canvas provides the same functionality and ease of use generally found in CAD programs. To set dimensions -- the notations on your drawing that indicate an object's real-world size -- just click from one point to another in your drawing; the program calculates and displays the dimensions. (You can customize the appearance of your dimensions.) You can place them one at a time or in strings that represent, say, different parts of a drawing. You can even adjust tolerances, so that
the dimension values allow for and track minor variances. This is useful in engineering and product- design where drawings need to account for the accuracy of actual manufacturing processes. And Canvas now provides a virtually unlimited zoom, and document sizes as large as 2,000 miles squared (to scale).
A feature from previous Canvas versions, Sprite Effects, remains one of the program's best. With Sprite Effects, you can apply one or more filters -- zoom, sharpen, color balance, and others -- to part of an illustration without changing the underlying graphic. Sprite Effects work on bitmapped images, vector-based drawings, and combinations of the two. Similar applications are just catching up to this functionality.
[ Further reading: Learn more about macOS Catalina ]
Technically Advanced
In addition to the Professional version, Canvas 9 comes in two technical editions, each of which costs $200 more.
The GIS (Geographic Information System) Mapping Edition includes GIS capabilities and mapping, such as the ability to import and work with industry-standard Shape Files and their associated data files and integrate them into technical presentations. You can also import GeoTIFF
files and overlay and align aerial photography. Very few GIS applications' technical illustration capabilities can come close to those of Canvas 9 -- a unique and powerful application that lets you create GIS-accurate maps that are both beautiful and precise.
The Scientific Imaging Edition supports 32-bit images. Combined with the new Image Data viewer, this provides direct access to an image's underlying numeric data, allowing graphic analysis of imagery and data from scientific sources. There's also support for industry-standard file formats and image filters, all of which makes Canvas useful for professionals in medicine and life sciences.
A Stretched Canvas
Canvas 9 does a fine job of providing capabilities usually found in four or five separate applications, but it's not the best option for any one task. People already committed to dedicated illustration or image-editing programs such as Adobe Illustrator or Photoshop will probably not want to switch, as those specialized applications typically outperform Canvas in their areas.
Macworld's Buying Advice
While Canvas is an excellent technical-illustration program, we wouldn't recommend it over a full-blown CAD program; it just doesn't have all the tools an architect or an engineer needs in order to create technical drawings. However, if you want technical- and graphic-design capabilities without extreme specialization in one package, Canvas is your best bet.
If you already use Canvas, you'll enjoy the interface upgrades. If Illustrator and Photoshop lack the precision you want, and if a CAD program stifles your creative expression, then Canvas is the tool for you.
Can do the work of several other applications combined
Feature-packed
Great new GIS and scientific-analysis abilities
Good interface
Doesn't beat dedicated applications in specialty areas
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We do not have any Payday Advances listings for Greater Cross Roads, NJ.
Greater Cross Roads NJ Payday Advances: 10 Recommendations to keep in mind when looking for a payday advance loan in Greater Cross Roads, New Jersey.
You should definitely try and repay your cash advance completely when it is due without extending it.
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Get going keeping an "emergency situation" savings fund of, around, $500. That way, you could refrain from payday loans in the future. |
Off The Wall - 07/13/2004
[archiveorg wusb-2600-off-the-wall-2004-07-13 width=560 height=384 frameborder=0 webkitallowfullscreen=true mozallowfullscreen=true]
2600, Off The Wall, WUSB, 2600,
The news ends early, recovery after The Fifth HOPE, Ateam, Sasja, and Hanneke recount some of the experiences and memories of the conference, North Korean propaganda, some of the magic the A/V team was able to pull off, Hanneke explains what she had to do to make it to HOPE, sightseeing around Manhattan, Sasja and Hanneke describe Brighton Beach, Ateam describes Florida, the city of Celebration, Ateam describes the various restrictions in his school, what happens when the dress code is violated, trying to call a 7-11 in Celebration, reading from the Celebration website, some of the many rules at the Stony Brook stadium, New Year's in Amsterdam, animals on mass transit, memories of Brain Damage, wondering what's behind the pink payphones of East Setauket, how life on campus has changed, a call to paint the rock on Nicoll's Road, talks in English at the CCC Congress, there was a hacker conference in Australia at the same time as HOPE, Australian views of the war., The news ends early, recovery after The Fifth HOPE, Ateam, Sasja, and Hanneke recount some of the experiences and memories of the conference, North Korean propaganda, some of the magic the A/V team was able to pull off, Hanneke explains what she had to do to make it to HOPE, sightseeing around Manhattan, Sasja and Hanneke describe Brighton Beach, Ateam describes Florida, the city of Celebration, Ateam describes the various restrictions in his school, what happens when the dress code is violated, trying to call a 7-11 in Celebration, reading from the Celebration website, some of the many rules at the Stony Brook stadium, New Year's in Amsterdam, animals on mass transit, memories of Brain Damage, wondering what's behind the pink payphones of East Setauket, how life on campus has changed, a call to paint the rock on Nicoll's Road, talks in English at the CCC Congress, there was a hacker conference in Australia at the same time as HOPE, Australian views of the war.
wusb-2600-off-the-wall-2004-07-13
WUSB: Off the Wall (From 2600) Podcasts Mirror
Uploaded by chris85 on May 2, 2016 |
RuPaul's Drag Race: Shady Politics
April 19, 2016 5:11 AM - Season 8, Episode 7 - Subscribe
Our six remaining queens get dirty in a political attack ad challenge. Vivica A. Fox is a guest judge. Two queens bring their Effie game with "And I Am Telling You I'm Not Going"--and then there were five.
posted by duffell (11 comments total)
I went into this episode hoping for a Derrick Barry loss, but wound up rooting for her by the end (who would've thought?). Bob, of course, once again showed herself to be the star of this season. That ad was fucking perfect.
I was thoroughly puzzled by Thorgy's ad. I guess she was trying to serve up "New England Matriarch Realness" or something, but she sounded like Edward G. Robinson. I fully expected her to end the ad with "YEAH, SEE!"
As soon as I saw what song Chi Chi and Thorgy would be doing for the lip-sync, I knew Thorgy would be going home. Chi Chi poured all of her emotion into that song, and Thorgy gave a characteristically hammy performance that fell completely flat. Her shtick would have been great for "Girls Just Wanna Have Fun," but she's no Effie. Chi Chi served her ass on a platter. And did you see those camera cuts to Ru? I thought she was going to start weeping.
posted by duffell at 5:20 AM on April 19, 2016 [5 favorites]
Though I'm in agreement that Chi Chi beat Thorgy in the lip sync, I'm really sad at what the final is going to look like, because all the interesting queens are gone, except Bob. Kim Chi has astounding looks, and the show desperately wants us to think she's got hidden wells of performance talent that spring up from time to time (mostly in the talking head segments), but she's entirely wooden to me.
Naomi is gorgeous, and for a looks queen, that's all you need. She just is dull in most other ways.
Chi Chi brings all the fun talking heads, and can lip sync better than anyone else in the show, but her excuses are more often than Robbie Turner, and we seem to be relying on the "girl from a small town makes it big" storyline, which just seems a bit forced.
Derrick is...well, Derrick. I mean, he did well enough this week, but you can't convince me that wasn't 100% Bob's (and the producers') doing. It gave me such "Bianca helps out Trinity, and Trinity SLAYS!" that I thought I was watching a repeat. I think Derrick is just Too Famous to Fail.
So that leaves us with Bianca Del Rio 2.0, the Bob Show Starring Bob. Unless they're planning on pulling some sort of upset that will stun the fans, I think Bob is going to walk away with the crown. Which is great! He's amazing and hilarious and will be astounding on the road and is 100% suited to the title, but it's just looking like it's going to be a boring ascent from here on up.
posted by xingcat at 8:06 AM on April 19, 2016 [3 favorites]
Thorgy has been working my LAST nerve, she thinks a lot of herself, and hasn't really showed us anything. The minute she started writing an novel for her ad, I knew she was through.
I love Bob, and I won't be sorry when she wins. Chi-Chi is a lot like Jiggly Caliente, she's the Party City queen who has a spark within her.
Derrick bores me and I found his whole, 'Bob in a Hoodie..." thing really offensive. Trayvon was murdered by a racist, I tried really, really hard to find the funny in that and just couldn't.
Naomi, as much as I love her for being beautiful...there's no there there.
Kim Chi...you love her, but dayum, there's no talent there!
posted by Ruthless Bunny at 8:45 AM on April 19, 2016 [1 favorite]
I was super happy with this ep and I actually really like the remaining queens! Bob of course is Bob. Kim Chi definitely still has training wheels on as far as performance goes, but her make-up is amazing; Naomi has great "body" looks and knows her fashion, and is lovable and funny. Derrick is a doof, but can be a lovable robot when she relaxes a little (and gets away from the whole racist "suburban white girl making jokes about the ghetto" schtick). And Chi Chi is a fucking lip sync assassin at this point. (I still think we could be on track for a Bob/Kim Chi/Chi Chi top 3, maybe with Chi Chi sending Derrick home, but I'm not sure about that last slot any more given Derrick's win tonight.)
This episode I felt a lot of alternating empathy for and frustration with Thorgy, as a fellow scatterbrained ADHD neurotic chronic ruminator. I wasn't as in love with her as it seemed like a lot of the fanbase was (Reddit is losing its collective shit right now for instance), but she is def talented and gave us some great TV. Just a simple scarf!
And I love that they showed a little of Bob's protest side. Check out this performance clip. I can't remember a previous front-runner who was this explicitly political and I fucking love it, BTDQ for America.
posted by en forme de poire at 11:16 AM on April 19, 2016 [1 favorite]
If we ever get a Bob the Talk Show Host I world def. watch it and i want Thorgy to be in it as a Statdler & Waldorf character doing really grumpy commentary. I would like that.
Also, when Ru said "Good luck Femocrats" I was screaming "But what id you identify as a Recuntlican!"
posted by uandt at 12:23 PM on April 19, 2016 [3 favorites]
This season has been good, if a little disjointed so far - those disappointing lipsyncs, Naysha back for some reason - until tonight! What an episode, even the nonsensical mini-challenge at least had hot men to look at. The lipsync was one for the ages, and while this is indeed The Bob Show starring Bob The Drag Queen and I don't really see any of the girls upsetting his eventual crowning, it seems like the next few episodes should be pretty interesting.
posted by the uncomplicated soups of my childhood at 1:56 PM on April 19, 2016
Disappointing — I really like Thorgy but I agree she was getting a real crummy edit these last few weeks. I mean, she said some testy stuff, but I also think they probably have that footage from EVERY queen (you know they ask them each week "Who do you think should go home this week?"). Also it's clear from more recent stuff that she and Bob really do get along, and their drama was mostly played up in editing.
That being said, that song was designed for Chi Chi to slay and she delivered. She connected with the emotion of the song, which Thorgy didn't dig as deep to do.
It's clear to me now that Derrick is going to play the Phi Phi role in the top 3 (i.e., sticking around so we'll keep watching, just to make sure she doesn't win), clearing the way for a Bob/Chi Chi/Naomi/Kim Chi win. I honestly wonder if it could be Naomi's win at this point, her improvement has been so marked. I love Bob and would be thrilled with a Bob win, but I also think Bob will have no trouble getting superstar gigs even without the crown. I'm back on board with team Chi Chi, but she still needs to step it up if she wants that crown.
Kim is just a sweetheart with amazing artistry and I'm glad she's sort of coasting through to more episodes (she IS trying her hardest!).
posted by Zephyrial at 10:22 AM on April 20, 2016
I feel like an outsider because I never quite got Thorgy's charm even before the last few weeks (where it did seem like he was getting a harsh edit) so I can't say I'm sad to see him go. And if we're willing to accept that you're only as good as your last contest/runway, it was definitely the right choice, as even the next weakest this week (Chi Chi) was much better, especially in the lip sync.
On that, I feel like "And I Am Telling You I'm Not Going", like "I Will Survive" earlier this season is one of those Drag 101 things where if you can't pull off an acceptable version, you should immediately go home. An acceptable version does not include a last minute cartwheel.
Speaking of the dearly departed, if you haven't seen Bob doing his Thorgy impression at Roscoe's here in Chicago last week, you should.
posted by MCMikeNamara at 11:53 AM on April 20, 2016 [3 favorites]
even the nonsensical mini-challenge at least had hot men to look at
I was actually agog at that - there's been so much fun innuendo and double-entendre in this show over the years, but to literally take the Pit Crew and say "these guys this guy is a top and these guys are all bottoms"... it was too much. I kind of fell out of love with the show a bit.
posted by psoas at 1:39 PM on April 20, 2016 [1 favorite]
Yeah, it was kind of missing the show's usual wink. I feel like it could also have worked to be even more blatant and self-aware about it, e.g.: "Now we will watch the Pit Crew be adorable for five minutes, after which we will arbitrarily pick a mini-challenge winner"; dissolve fade to montage of the Pit Crew playing Twister, doing feats of strength, forming a hamster-pile; congratulations Derrick!
posted by en forme de poire at 5:23 PM on April 20, 2016 [1 favorite]
On reflection, Thorgy seems so easily threatened by the other very skilled queens around her, I wonder if she intentionally refused to get footage of Chi Chi getting drunk for her attack ad because she didn't want to give her any opportunity to shine. If so, that's some serious self-sabotage.
posted by duffell at 6:10 PM on April 25, 2016 [2 favorites]
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derrickbarryeatsbabies |
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Bungalows are A single in the direction of 1and ½ tale homes, They often include attributes of the Craftsman design property, these as natural designing product, exposed rafter ends and gables. Your cottage dwelling system will on top of that show in which the drinking water heater, furnace, cabinets, lighting, electric powered outlets and excess will go. The flooring should be much less elevated than the middle place.
If there is certainly a road functioning within just front of the Place you should ensure that it is reduce than the plot.
Beach properties, are very little just one story homes, lifted previously mentioned the flooring, and usually incorporate an open up ground application, with a lot of home windows, in direction of obtain a beneficial check out of the yard. The easiest direction is toward open up up a world wide web of a business that offers building within just the place where oneself dwell inside, and then on your own can very easily decide contact with that organization and obtain your Ideas versus them.
Each time it will come towards examining your Area plans, it can be Very puzzling. The website system moreover incorporates the desired destination of utility companies, easements, driveways and walkways. Showers, toilets, bathtubs, fridges, dishwasher and other appliances will much too be drawn into position. This program is drawn from the overhead frame of mind thus these who will be pouring the basis comprehend in which in direction of commence. This phone calls for you in direction of take out any tons of soil, stone or garbage that might be there. Open up floor Options are not well-known to this model of house. However, if a house is made with a effectively thing to consider of thought and an thought inside of a person's thoughts, then it is surely shifting to be a positive House towards are living within just for the residents as properly as meet up with all their needs.
Now, greatest humans who choose for Area developing consider of designing it by themselves. On your own can layout a sloping verandah; Sad to say, your self ought to make certain that it will not deal with west.
Clutter free: to keep away from obstructing favourable electrical energy yourself should assure that the House upon the japanese facet is new and muddle free of charge. There are lots of alternate components that crank out up your house plans. With a quick critique of the products that deliver up your plans, oneself will be studying them in just no time.
Hefty entrance porches, dormers and a roofline that lies parallel to the road are the major distinguishing functions of Region houses. The website will easily generate any adjustments chosen by way of yourself in direction of a special a person and a revised one particular will be generated readily available to on your own. For the reason that your property will be experiencing east, oneself will be getting the optimum against the rewarding early morning sunlight.
A good deal of spot upon the east: as an architect yourself need to have towards go away plenty of Room within just the east. Although oneself Area programs are comprehensive, construction can at some point get started.
Sunlight: since the sunlight rises against the east, it suggests that your home will be obtaining a large amount of sunshine throughout the early morning. Just about every surface area will have its personal webpage of drawings, including any basements. A person of the most outstanding ways towards have households prepared is by performing so on the internet. A 2 bed room just one tub Room inside of the craftsman design will charge amongst $52,000.00 and $62,000.00 toward develop a 2 bed room, 2 bathtub, home with a 2 auto garage will run around $96.000.00.
Are on your own developing of setting up a residence? Despite the fact that there are numerous household packages that yourself can transfer with, not all of them are best for oneself. It is a extensive and difficult path from the 1st conceptualization of a dwelling toward the home types, surface plans, elevations, cross-sections, structural styles, and inevitably the performed property application that will ultimately form the foundation of the composition of the dwelling. Making use of personalized drawn Options can delay the structure of your dwelling by means of quite a few months There are dozens of property styles and virtually hundreds of packages toward just take versus, as a result oneself can be absolutely sure to uncover the property of your needs.
If yourself find a house program that by yourself get pleasure from, however have to have to make minor changes, utmost providers can consist of their designers do that for by yourself, at an even more charge. Your self should in all probability generate a lot of house upon a significant desk thus on your own do not appear to be cramped even though striving in direction of study them. In direction of depart ample spot on the east side you must make certain that the major gate faces northeast.
Comprise a verandah: after coming up with the dwelling yourself ought to assure that the property includes a verandah upon the japanese facet where by the house owners of the property can sit and appreciate the healthful early morning solar. Most people today do not have a clue as toward exactly where and how to get household programs, or even toward acquire the immediately designers who can do this process for them.
The excellent guess for obtaining the right home courses is in direction of read through the alternate internet sites marketing property programs and decide on the maximum respected one. When this procedure could possibly be a outstanding concept, there are definite benefits toward getting pre-drawn Space plans. They might moreover involve dormers, unveiled beams, and overhanging eaves.
Pre-drawn Space Strategies are individuals that are drawn via architects or household designers and then provided for sale, compared with all those that are drawn for an affected person, with enter towards the shopper. On the web kinds will make it possible for by yourself to minimize short these kinds of inputs and oneself can receive the design for your dream household including any alterations that on your own need to have inside the shortest opportunity time.
A minimal conclusion Seashore house with Two bedrooms, A single bathtub, kitchen area and Excellent place would cost, concerning $74,000.00 in direction of build, according in the direction of the countrywide typical, and with regards to $15,000.00 far more within just the west and $8000.00 fewer within just the south. Building your dwelling is a once-in-a-lifetime likelihood that really should be performed with greatest treatment and by yourself need to deliver an exertion toward contain all that you would like in direction of contain inside your desire dwelling, matter towards availability of budget.
There are a couple things that you must finalize inside of your thoughts, just before looking at the different on the net patterns. This plan is an overhead drawing of each individual ground of the household. As on your own visual appeal deeper within detail at each individual drawing, oneself will develop into common with all of the choice symbols.
The elevation is a scale towards scale drawing of the Room in opposition to the front, rear and every single aspect. Depending upon your property plans, by yourself may well contain even further parts that move with the Ideas. After oneself seem at a range of these, yourself will order Good Designs that your self can alter towards in shape your individual specifications.
Craftsman style houses are characterised by way of the employ the service of of organic and natural material which includes wood or stone for outside walls, and rock foundations that slope out against the floor. Your Area is nearly anything that are not able to be torn down and rebuilt primarily based upon the truth of the matter that it was 'poorly planned' and thus the planning of your Area prerequisites towards be accurate and amazingly positive.
There are numerous strategies by means of which your self can get household developing tips. They much too from time to time borrow options versus the Nation or Victorian glimpse.A two bedroom, 1 bathtub bungalow inside of the mid-range can be built for amongst $70,000.00 and 95.000.00, dependent upon what section of the place you dwell in just. This will guidance your self within just finalizing your house program.
Any time the framework of a dwelling is fearful, the designing is extremely important. They will specify ridge heights, roof pitches, outdoors ends and far more. A three bed room, A single and ½ baths, will ordinary around $84,000.00 in the direction of erect upon your web-site. It appears as although there are far too a lot of symbols, traces and drawings in direction of decipher. All those plans are very little maps that help each and every option structure employee do their endeavor particularly specifically.
The web page software is drawn in the direction of present the place of the household upon the dwelling and how it will sit inside of the restrictions of the lot. This drawing will be the least complicated of all the drawings within just your minor ranch household packages package. The very same size of each individual product or service drawn upon the system is in addition indicated at their ideal puts. After on your own pick a web-site and belief its choice dwelling plans, you can take alternatives and feel of modifications that would suit your personal choices. Those people courses are a exceptional starting point for you to continue your home establishing challenge. The South is the minimum amount costly House towards build inside and the West is made up of the highest charge .The countrywide average is somewhere inside of amongst.
There are dozens of dwelling application versions for yourself to study and hundreds inside of just about every class, from A-Frame to Victorian, , versus little to massive, your self can obtain the directly property for your spouse and children. It is way too opportunity towards have your programs reversed, for instance, if your breakfast nook faces west but the check out from the north aspect of your large amount is added desirable, you can opposite it. A great number of of the internet sites endorsing house Strategies will let by yourself in direction of see a reversed perspective, of homes by yourself may need in direction of build.
One more company presented as a result of the services that design and sell Room plans, is a single that allows on your own in the direction of calculate the charge for planning a special residence inside of your Room of the country. There are various alternate methods that can be utilised in just this respect. Farm residence and French Country programs can way too be included in this category. This will reduce your electric power expenditures as on your own do not incorporate toward go away the lighting on if by yourself wake up early.
Health: researchers consist of detailed that the early morning sunshine is usually the excellent. There are the web site program, the area application, and an elevation. A tiny place dwelling, 576 square feet, with 1 bathtub and two bedrooms, can be built for beneath $60,000.00 can be erected upon your web page for down below $60,000.00. |
Trixie always screams the loudest so I guess we will be seeing you at HOR tonight Kat!
But it is THE PHOENIX, tomorrow night!
Hm...I have to work at 8 am tomorrow morning ... so I doubt that I'll be doing anything tonight. However the Phoenix sounds like a fun party place tomorrow night, however I'll be on my crutches more than likely but I want to still come out.
HaHa, Lance! You messed up my Gnome's travel schedule! It was a highly scientific...science...which is now ruined! He has caught on and is now making much more demands! So...what did you do to my DOG?!
I LOVE Sisterhood!! Watching part one, or two??
come one, come all tonight to HOR for Trixie Deeee light! That's where we'll be!
TD was absofvckinglutely wonderful.....too bad the night was....well, hell...never mind.
People need to rid themselves of drama and bullsh1t, seriously. Kills the night for others, Pretty soon, those will not be welcome to any POF events...and if you have any question or doubt...well then you need a reality check. Good night.
Wow...I cannot believe I typed that so well....was actually dreading seeing a million typos from drunk posting!!
Denise...you and the rest of the girls make it home, safe? Laura? Not sure what happened...we WERE going to breakfast, but then there was confusion cause someone had told Nita Eat Right, and said TJ's....lol....so we just skipped it all together.
My honey called once more at 1:30 this morning, I missed the call, Theresa says prob checking up on me since I went out with the girls LOL ~ and he told me he wanted to save his phone battery for his alarm and called 4x yesterday, too funny!
Gots to go, gots to go, Kat, I signed up for Phoenix tonight so see you later!
Nope didn't go to Denny's or anywhere's else but home. Luckily my son had made some cookies so I had those for my HOB! I myself had a great time! Drama is just that. We're all adults and don't need to be telling others what or what not to do. It was nice that the place wasn't very crowded and we had room to dance on the dance floor. Trixie rocked the house as usual!
See you tonight, Denise! And guess what...I am at exactly ONE WEEK of quitting smoking, this very moment!!
^^^You, my dear....are soooo not funny!!!
surely you have some friends in your area Amber, that could give you a lift and enjoy the night out on the town at the same time?
Some are under 21 and the others already had plans .... I'll see.
As far as im concerned the forums is not the place to air dirty laundry!! if someone has a problem with another fishie, it should be discussed in private. I for one aint skeerd to talk in private or face to face for that matter. So bring it on!!
This is a fricking dating sight and thats just what it is, not everyones gonna find that match in the first or second or whatever number person that they have dated. You may have dated one or two people from the sight that run in the same circle. Not that u planned it that way but it just may happen. That doesnt mean that because you might show up at a POF function that an ex-lover is at that you have to leave or run. If it didnt work out, sheesh, move on and let it go.
Its not flaunting, its moving on.
I agree with George and Bay. Posted something I did not need to on a forum. Came out (at least to me) as me being a drama queen. It also was not to bad mouth any person. Which that person knows. So, I put my foot in mouth and have shut up about what was posted.
But, I also agree with Shelia (prev36) about hearing other's opinions. I have seen the drama that goes at some of these parties. So an ex comes in. If both are decent grown up adults, they will be cordial at the very least. This also goes for girl friends and guy friends. I know of some that have had a falling out but at least the girls were cordial to each other.
Looking forward to seeing all of you at the 11/22 pof party! Will not be any drama from me. Been there done that at some point(s) in my life. Gonna have fun and learn the banana dance (wtf is a banana dance )!!!
Heck Bay you lurk in the shadows so's you can stay out of anything! |
El contingut generat per usuaris (de l'anglès, user-generated content; UGC) engloba una àmplia gamma de continguts en els mitjans de comunicació disponibles que han estat creats pels diferents usuaris. Les persones que els realitzen s'anomenen creadors de contingut i, quan han assolit un nivell molt notable de penetració social, reben el nom d'influenciadors.
Aquest concepte va entrar en ús durant l'any 2005, gràcies a les facilitats i les opcions que la web 2.0 permeten en les plataformes web i que es basen en la llibertat i diversitat d'informació. Estem parlant doncs de totes les tecnologies de mitjans digitals, com ara bases de dades de preguntes i respostes, vídeo digital, blogs, fòrums, podcasts, xarxes socials, la fotografia mòbil i els wikis. És a dir, tots aquells espais web on el contingut és publicat, llegit, editat, respost, etc., per usuaris i no per propietaris. En algunes pàgines web, el contingut generat per l'usuari és només en una part del tot. Per exemple en pàgines d'empreses, pàgines de publicitat, en que el contingut és publicat pels creadors però hi ha fòrums i apartat de crítiques on s'acumulen les publicacions dels usuaris regulars de la web.
Sovint el "UGC" està parcialment controlat pels administradors dels espais web per evitar continguts ofensius, per controlar que es respectin els drets d'autor i per mantenir una base de dades amb contingut rellevant. Malgrat això, la quantitat de contingut que es genera és moltes vegades incontrolable i suposa molta feina revisar-los tots, i sovint es creen conflictes. Els espais web d'aquest tipus de contingut són molt populars actualment, els usuaris comparteixen opinions, experiències i informacions als uns amb els altres, de manera que s'han convertit en els espais de més ús i més visites. Exemples bàsics en són l'Enciclopèdia lliure Viquipèdia o el canal Youtube de vídeos.
Principals serveis del UGC
Tenint en compte la quantitat d'informació i creacions en megabytes que formen l'UGC és molt difícil controlar que es respectin tots els drets. Per això existeixen "Serveis UGC". Les institucions i serveis i els propietaris conpyright han col·laborat per establir uns principis que fomentin un entorn en línia que promou les promeses i beneficis dels serveis de UGC i alhora protegeix els drets dels propietaris del copyright. No són lleis, són principis que contribueixen a una més robusta i rica en contingut experiència en línia per a tots. Hem de ser conscients que no existeix un sistema per dissuadir la infracció perfecte i total. Però, donat el desenvolupament de la identificació de nous continguts i tecnologies de filtratge, estem units en la creença que els principis que figuren a continuació són fonamentals en la creació UGC.
Un dels principals serveis d'algunes plataformes és Creative Commons.
Vegeu també
Web semàntica
Bibliografia
Meeyoung Cha, Haewoon Kwak, Pablo Rodriguez, Yong-Yeol Ahn and Sue Moon: I Tube, You Tube, Everybody Tubes: Analyzing the World's Largest User Generated Content Video System
Internet |
Whidbey Community Foundation Receives $10,000 for census count
Whidbey Community Foundation has received $10,000 in funding from the Washington Census Equity Fund, to support 2020 Census outreach, education and resources to ensure a complete and accurate census count on Whidbey Island.
WCF will provide targeted training opportunities for local nonprofit organizations, informational handouts and a public outreach campaign, according to a press release. Training for nonprofits will include workshops for staff, board members and volunteers that work with hard-to-count individuals from all backgrounds on Whidbey Island.
The foundation was formed in 2016 to improve the quality of life on Whidbey Island by providing support for the nonprofit sector, assisting donors to build and preserve enduring assets for charitable purposes, and meeting community needs through financial awards.
In 2018, WCF provided training for more than 300 nonprofit leaders, through workshops held in Langley, Freeland, Coupeville and Oak Harbor.
The Washington Census Equity Fund, a statewide pooled fund managed by Philanthropy Northwest, awarded $800,000 in funding to 28 organizations and tribes supporting communities across Washington.
"We know that an overwhelming number of Washington organizations and tribes are ready to engage their communities on the 2020 Census with early funding to catalyze census planning and mobilization in hard-to-count communities," Kiran Ahuja, CEO of Philanthropy Northwest, said in a press release.
Each person counted leads to significant resources to support critical programs and services including transportation, health care, education and housing. Risks to the success of the 2020 census include a new online format, a lack of testing and a shortage of federal funding for outreach.
The new online innovations increase the potential to omit residents where housing has grown or changed, to overlook those with less computer literacy or broadband access, and to undercount hard-to-count populations. WCF will utilize the new grant to provide outreach and education with the goal that everyone is counted, with a focus on communities that are historically undercounted.
Barbara Bailey won't seek third term in state Senate
Waterfront association offers ideas, plans changes for Coupeville wharf entryway |
Music is a form of artwork which performs an vital part of our on a regular basis life. There's a host of music classifications for non-Western music, lots of which are caught up within the argument over the definition of music Among the many largest of those is the division between classical music (or "artwork" music), and popular music (or business music – including non-Western styles of rock, country , and pop music-associated kinds).
Join musicians from greater than 70 nations for the summer time of a lifetime. Be a part of Kim and Wilbert each Friday as they create you live performances, unique artist interviews and tech chat from Sony's NYC pop-up area. In the 19th century, artwork music for solo performers may give a common instruction equivalent to to perform the music expressively, without describing in detail how the performer ought to do this.
There were instances when it had me in tears at the transferring examples of how music touched – and lots of occasions saved – lives. Improvisation is a major part of some forms of music, akin to blues , jazz , and jazz fusion , during which instrumental performers improvise solos, melody traces and accompaniment components.
Music has been the soundtrack to humanity undoubtedly since time began. Assist us promote the power of music to alter individuals's lives for the better. This way has three elements. Romantic music expanded beyond the inflexible styles and types of the Classical era into extra passionate, dramatic expressive pieces and songs.
My point here is to not make a case for any specific genre of music but reasonably to help us perceive that whether or not we know it or not the explanation music is a lot apart of us no matter our age, race ,cultural background, or most popular musical genre and the rationale it impacts us the best way it does is because in essence music is religious. |
Published on June 16th, 2014 | by Sportingly Better Tipster
Germany v Portugal – Betting Preview
A first half penalty from Edinson Cavani left us in more profit at this year's World Cup, as we banked the 24/10 anytime goalscorer bet from our free football tips.
Sportingly Better takes a look at the best value soccer betting tips today, as Germany take on Portugal in Group G.
World Cup Betting Tips
Germany (1.95) v Portugal (4.20); Draw (3.60)
Three-time World Cup winners Germany remain the odds-on favourites in Salvador on Monday, despite coming up against a Portugal side containing Cristiano Ronaldo.
Die Mannschaft have concerns over Bastian Schweinsteiger, so long-term absentee Sami Khedira may be risked in the centre of midfield, alongside converted defender Philipp Lahm.
Germany have had to deal with a number of injuries in the run-up to the World Cup, with Joachim Low expected to field four central defenders across the backline.
Germany have reached the semi-final stage or beyond in each of the last three World Cups, but die Adler's attacking fluid displays during qualification could lead to an open and exciting match today.
Opponents Portugal should have world-beater Cristiano Ronaldo fit for the match in Salvador, who almost single-handedly knocked out Sweden in the World Cup play-offs.
Paulo Bento's side do boast creative talent Joao Moutinho in the centre of midfield, whilst Real Madrid defender Pepe leads a commanding presence at the back.
Portugal have won just three of their last 17 games against Germany and Joachim Low's high-tempo side should have the upper hand in the Group G opener tonight.
Recommended Football Tips
Both teams to score @1.61
Germany to win and both teams to score @3.60
Author Credit: Jonathan Day
Image Credit: http://commons.wikimedia.org/wiki/File:Cristiano_Ronaldo_20120609.jpg |
Artist Review: Gkleft Ryda – "Welcome To My World" EP
Posted in Hip Hop, Indie, Music Review, Rap by Artist Reach, LLC
If there's one rapper that is quick with his words and quick on his feet, it's definitely Gkleft Ryda with his fresh new EP Welcome To My World.
This is a fun indie record with a signature sound and style all in its own caliber. That's for sure. From authentic rhyming schemes and dynamic lyrical techniques, we definitely delve into Gkleft Ryda's world with four banging tracks this EP offers up.
"Clear My Mind" is a perfect opener. It's a great introductory track and blasts you right into the overall feel and aura that GR delivers throughout the record. His vocal charisma shines bright with multifaceted multilayered vocals that are authentic and upbeat. The production value contains a happy medium and doesn't overdose the listener on any theatrical elements. This record is definitely as real as it gets between the bouncy beats and the lyrical spits that share perfect parallels.
Then we have two more tracks that follow suit with a similar angle with "Pajamas" and "Way It Is". Songs that really solidify GR's stylization and really show his integration as his lyrical flow continues to master itself through each verse and well-placed hook.
The party track is definitely "Baby Go Ham" though. This one drives with a narrative that shows us more of GR's personality and artistic merit. This is probably one of the most catchy on the record, and will stick like glue far after it's over. While every track on this record glorifies in its own way, you definitely have to crown this track as one of the prominent highlights. It's literally a sonic boom that doesn't disappoint.
And that goes for the whole record; it doesn't disappoint. At all. I was a little scared that the title of Welcome To My World might be underwhelming in its content. But don't even begin to think it. This EP is an astonishing delivery of Gkleft Ryda's world. And you'll feel more than welcome when you take a listen yourself.
Connect with Gkleft Ryda:
Spotify: https://open.spotify.com/artist/3XU2RymMob6z13qBHNawa0?si=q9hRha-gSJ2_zT-iOE0OCQ
YouTube: https://www.youtube.com/user/Rydanumba2
Instagram: https://www.instagram.com/thereal_gkleftryda/
Facebook: https://www.facebook.com/Gkleftmusic/
Twitter: https://twitter.com/gkleftryda
Bandcamp: https://gkleftryda.bandcamp.com
Album Review, Artist Reach, Artist Reach Family, Artist Review, Artists, Exclusive Review, Gkleft Ryda, Hip Hop, Indie, Indie Artist, Music, Music Blog, Music Industry, Music Review, New Artist, New Music, Press Release, Rap, Real Hip Hop, Review, Talent, Vocals
« Press Release: Chante Kim
Press Release: Bcaizm » |
Il Cantone di Orgon era una divisione amministrativa dell'Arrondissement di Arles.
A seguito della riforma approvata con decreto del 18 febbraio 2014, che ha avuto attuazione dopo le elezioni dipartimentali del 2015, è stato soppresso.
Composizione
Comprendeva i comuni di:
Cabannes
Eygalières
Mollégès
Orgon
Plan-d'Orgon
Sénas
Saint-Andiol
Verquières
Note
Collegamenti esterni
Statistiche sul sito dell'INSEE
Orgon |
Q: Fix function in R for Ubuntu not working properly I have been using R in the terminal window for Ubuntu. Recently I discovered the fix function in R, which I could use to edit my function. However, whenever I use the fix function, it opens up an editor (VIM) and I can use that to write my function. Then I type "wq" to save the work, however when I type the name of the function, it shows that there weren't any edits which were made to the function. Why does this happen?
A: In order to use the editing functionality, make sure you have either
*
*the default editor installed (do eg grep EDITOR /etc/R/Renviron)
*or set the EDITOR environment variable to a different editor you prefer,
*or at runtime set options("editor"=....) to what you need.
Now, for the fix() function in particular, note this hint in its manual page:
'fix' invokes 'edit' on 'x' and then assigns the new (edited)
version of 'x' in the user's workspace.
So if the change "vanishes", maybe you were editing an object which is not yours. Start with something simple, edit it and see if that persists. Along the lines of
R> hw <- function() cat("Hello, world\n")
R> fix(hw) ## editing, adding 'new'
R> hw()
Hello, new world
R>
|
The LG V30 is just around the corner as it is launching this month on 31st. Now, we already have the hands-on images, the official press render and some major specifications of the smartphone. If you recall, with the LG G6, the company introduced some beautiful wallpapers and instead of designing them via designers, they were made by hands. These wallpapers were the combination of paper, acrylic, paint and two months of patience. Now, with the V30 coming in a couple of weeks, LG has once again planned to create all the LG V30 wallpapers manually.
So, as the video above shows, the LG V30 Wallpapers are made by using the glass and different colored lights. The main wallpapers include the letter V and different colors like blue, violet etc.
What do you think about this way of making official stock wallpapers of a device? Do let us know via the comments section. |
With a wide range of canoe, SUP and kayak gear and accessories , YakGear's durable, versatile product line allows customers to embrace the water on their own terms. Our kayak accessories are made not just for people who consider paddlesports a hobby, but also make it a way of life. For more than ten years, YakGear has supplied quality equipment that elevates a good afternoon of fishing to something great – and new products are in development all the time.With YakGear, you can experience kayaking on your own terms. It's the reason we offer a range of kayak gear and accessories customizable to all types of adventurers. All our products stand the test of time – they are developed, built, tested and manufactured to meet an angler's needs. The quality of the materials used in our kayak gear and accessories hold up in all types of wet conditions, both fresh and saltwater, and we're the only company to offer a three-year warranty for each product. For those who choose to live life on the water, YakGear is here. Your Yak. Your Rules.
Interested in carrying YakGear products? Contact Us. |
Though it likely won't come as a surprise, water bills have been increasing over the last year. Water and sewage bills have risen by an average of 2% from the previous year, costing households around £395.
The price increases are still reflective of the five year plans that water and sewage companies created after speaking with customers and industry regulator Ofwat.
However, the plans also forecast that companies will deliver a 5% drop in prices by 2020.
Investment programmes make sure that water companies are giving back and supporting the community by creating jobs and contributing to growth. The UK water industry already contributes around £15bn a year to the economy.
Water and sewage companies are also planning to invest £44bn in better services and environmental improvements over the next few years.
Tackling leakage and efficiency by saving 370 million litres a day.
Decreasing the amount of properties flooded with wastewater by 33%.
A reduction of 32% in time interruptions that affect the supply of water.
Water deregulation is set to come into place this April in England. This will mean that households will be able to choose their water provider. Currently, only places that use more than 5 megalitres a year can do this i.e. businesses and organisations.
With water deregulation, retail competition will soon become a big part of the way water companies do business. Companies are going to be more focused on providing value for money and a good service in order to retain customers.
Water companies are expected to increase their support for customers to ensure they get the help they need with their bills. An expected 1.8 million people will have been assisted by companies by 2020.
Water companies already have tariffs in place to help customers with bills for low-income households. £40 million a year is used to help customers who struggle to pay or are in debt. Some companies also work with financial advisors to help customers.
The government has proposed changes to the Digital Economy Bill that will allow water companies to help their customers by using data from other government departments, like the Department of Work and Pensions.
Water UK Chief Executive, Michael Roberts said: "Water companies are fully committed to delivering great customer service and keeping household bills as low as possible. This year, details on bills in England and Wales are being published alongside information on how water companies are performing.
For more information you can take a look at average bills for each company on the Discover Water website. |
Simi and Adekunle Gold had earlier released "Promise" a song that focuses on true love, trust and vow. The song was well received during its release and today she presents us with her debut single for 2019. Ayo is produced by Legendury Beatz. |
I'm now accepting a limited number of commission bookings for 2020.
Closed for commission bookings - currently booked til June 2020.
I'm currently working on an exciting new collection of animal paintings, to be exhibited in Autumn 2019. More coming soon!
I'm now accepting commission bookings again.
I'll only be taking a limited number of bookings so if you'd like to be added to the waiting list, don't hesitate to get in touch!
I'm now fully booked til October '19, so have closed the books again.
feel free to sign up for my email Newsletters.
The website is being spring cleaned this month. Some areas may only be intermittently accessible whilst this maintenance is underway.
Everything will be in order soon. Thank you for your patience! |
In Merom Hagalil Regional Council, there are 95 special needs ages 3 to 21. 35 of them come from disadvantaged families, supported by the department of social welfare council.
1. Responding to parents of children with special needs during the summer vacation.
2. The community center has expanded its operations to new populations.
4. Expanding areas of volunteerism for youth and adults in the area.
Most importantly, the children had great fun who got to leave their homes and their loneliness in favor of enrichment, and fun experiences that was led by the youth of Merom Hagalil.
Galila Foundation is pleased about the possibility to be involved in this important social initiative. |
For Curtis Blaydes, style points matter in slow-moving UFC heavyweight division
November 25, 2020 [email protected]_84 Blaydes, Curtis, division, heavyweight, matter, points, slowmoving, style, UFC
Curtis Blaydes has won four fights in a row, two of them by knockout and the other two by thoroughly dominant beatdown. During an MMA career that spans 17 pro bouts over 6½ years, he has been bettered by only one opponent. Blaydes is No. 3 among heavyweights in the ESPN rankings.
And yet when he steps into the Octagon on Saturday to face fifth-ranked Derrick Lewis, a victory would propel Blaydes … not an inch closer to a championship fight.
The roadblock standing between Blaydes and UFC heavyweight champ Stipe Miocic is No. 2-ranked Francis Ngannou, and that is a barricade Blaydes has been unable to swerve around despite multiple attempts. They have fought twice, and Ngannou has knocked out Blaydes both times. Their most recent meeting, in November 2018, lasted all of 45 seconds.
Two top heavyweights will take center stage in Saturday's UFC Fight Night main event, with Curtis Blaydes facing Derrick Lewis. Blaydes, who is rated third in ESPN's heavyweight rankings, has won four straight, while the fifth-ranked Lewis has won three in a row.
UFC Fight Night: Blaydes vs. Lewis
• Saturday, Las Vegas
• Main card: ESPN2, ESPN+, 10 p.m. ET
• Prelims: ESPN2, ESPN+, 7 p.m. ET
Subscribe to ESPN+ to get exclusive live UFC events, weigh-ins and more; Ariel and the Bad Guy; Dana White's Contender Series; and more exclusive MMA content.
Ngannou will be the next challenger for Miocic. UFC president Dana White made that clear on SportsCenter just days after Miocic's title defense in August, and last month White told TMZ that Miocic vs. Ngannou is being targeted for March.
There should be no argument with that booking. Ngannou is on a roll that sends chills down the spines of heavyweights the world over. His second conquest of Blaydes started a run of four straight victories — all knockouts, all in the first round, all but one in the first minute. His most recent KO, over previously unbeaten Jairzinho Rozenstruik in May, took just 20 seconds.
Yeah, Blaydes isn't leapfrogging Ngannou no matter what he does against Lewis this weekend.
Blaydes could even end up being the one leapfrogged.
That's because there's new blood at heavyweight. Former light heavyweight champ Jon Jones is preparing to go through with his plan to move up a weight class. Last week he posted on social media photos of himself in the weight room with the caption "240 feels great." It looks great on him, too, every added pound, judging by the bulked-up physique in the pictures.
240 feels great pic.twitter.com/Pi9WpzSAqR
— BONY (@JonnyBones) November 19, 2020
When Jones is ready to enter the Octagon with the big boys, he is not going to be asked to work his way up the heavyweight hierarchy. "Bones" is the sport's indisputable pound-for-pound king now that Khabib Nurmagomedov is retiring. He warrants a big fight right off the bat. He might very well step directly into a title challenge.
How can Blaydes avoid having Jones cut the queue ahead of him?
He definitely ought not rely on having Dana White in his corner. In Blaydes' most recent fight, a unanimous-decision win over Alexander Volkov in June, he had 14 takedowns and maintained top control for just under 20 of the bout's 25 minutes. He landed twice as many significant strikes as Volkov, a top-10 heavyweight and former Bellator champ, and connected at an astounding clip of just under 70% accuracy. But Blaydes tired in the later rounds, and that became the focus of the UFC president's postfight comments.
"I don't think you talk the s— that he did this week and come in and perform like that," White said that night. "Talking about ragdolling people and he's not getting paid and yada yada he should be getting the title shot. He gassed out at the end of the third round, made it to the fifth and won the fight." White scoffed at a reporter's suggestion that Blaydes might just wait in line for his title shot. "I wouldn't wait around if I was him. I'd stay active," White said. "When you talk the s– that he talked and perform like he did tonight, you look stupid."
It's likely that White's problems with Blaydes weren't confined to his fighting style. Notice the four words in the middle of his critique: "he's not getting paid." Blaydes has been outspoken about fighter pay and has talked about a union.
By taking a stance unpopular with the UFC brass, Blaydes has put a whole new layer of pressure on himself. Going forward, anything but a brutal finish or all-out beatdown runs the risk of being framed by White as boring or in some way lacking. Blaydes has to perform and, yes, has to ramp up the entertainment.
And that's doable. He is not the type to turn in a five-second flying-knee KO, a la Jorge Masvidal, but he does have it in him to ragdoll for 25 fun minutes.
The impression Blaydes leaves with fans — and matchmakers — with his performance on Saturday night will go a long way toward determining whether upward mobility is in his near future. Despite his standing at No. 3, with Nos. 1 and 2 expected to meet in just a few months, it is highly unlikely that Blaydes' next fight would be for the championship. But if he handles Lewis the way he's handled (almost) all who have come before, Blaydes can at least make it less palatable to have Jones jump the queue. Perhaps Blaydes would be called upon to welcome Jones to the heavyweight division.
Blaydes on whether he wants to face Jon Jones: "We're talking about money. I'm not going to fight Jon Jones for $200,000. That's ridiculous. I think a lot of people forget that we get paid what we get paid regardless of who the opponent is… I can fight a bum to make $200,000" pic.twitter.com/LoTP3vlKjC
— Aaron Bronsteter (@aaronbronsteter) November 24, 2020
With no championship on the line, that matchup might not seem like a flashy enough booking for the Jones debut. But just months ago "Bones" was campaigning for a fight against Ngannou, which would have been a non-title bout. And timing could play in Blaydes' favor as well. Jones hasn't competed in nine months, and by the time Miocic and Ngannou have settled their business, and the winner is ready for a new challenge, it could be next summer or even beyond. Miocic has been fighting once a year lately, so if he wins, would Jones want to wait nearly two years in between fights? A Jones fight against Blaydes — or against Lewis, if he wins on Saturday — would keep the new heavyweight active and enliven the division's hierarchy. If UFC matchmakers feel the need to add some bling, they could even toss an interim title belt into the cage.
Blaydes cannot control UFC matchmaking. If the fight promotion is determined to have Jones fight for the title in his heavyweight debut, that is the fight that will be made no matter what Blaydes does on Saturday. But Blaydes nonetheless has an opportunity in his fight with Lewis, who has more knockouts than any heavyweight in UFC history, to put on the kind of stirring performance that makes fans care about him and want to see him in the biggest fights. For a fighter who so relentlessly thrives on control, that appears to be all he can hope to have within his grasp.
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I create custom wedding invitations, calligraphy, and hand written day-of wedding items!
I also have a selection of invitation templates where I can customize pre-designed invitations for your personal wedding.
Drop me a line at lumoscalligraphy@gmail.com to get started! |
A fun adventure through an ever-changing game board! Hurry along the path through a fun park packed with rides! Zip by the roller coaster, coral reef carousel and more on your journey! Shortcut slides zoom you ahead or fling you back! You'll never know when the attractions will mix and flip – it's a different game board every time you play! For 2 to 4 players. |
An oceanfront location is just one of the highlights at the Blue Bay Villas Doradas. There's also a packed activities line-up and a spa.
This place has a winning setting – take the wooden bridge through the mangroves and you'll reach the sands in minutes. Then there's the golf. The hotel backs on to an 18-hole course designed by Robert Trent Jones.
A recent revamp means rooms have been given a chic, new look. The walls, décor and furnishings all follow an all-white theme, with cushions and runners adding pops of colour.
The entertainment really makes this place. During the day, you've got everything from dance lessons and volleyball to Olympics-style games in the two big pools. After dark, there's a full schedule of tribute acts, shows and karaoke. Meals come courtesy of a buffet and three à la carte eateries. And when you want to relax, there's also a spa, three tennis courts and a quiet pool.
You can join in with daily pool games, as well as beach volleyball, Zumba and dance lessons. There are also sushi and cocktail-making classes to try out. And you'll find three tennis courts in the hotel's grounds.
A buffet and three à la carte offerings make up the dining scene. The grill restaurant is the place to head for steaks. Meanwhile, there's a dedicated eatery for fish lovers and another for all things Far Eastern.
Dark walls, vintage lanterns and Buddha statues give the spa* a traditional Asian feel. Massages and facials are on the menu, along with a sauna. There's a gym, too, with views out onto the gardens.
There's a different entertainment every night, ranging from tribute shows to karaoke. Once it's over, head down to the beach bar, or grab a five-minute taxi to Puerto Plata for late-night salsa bars and clubs.
There are two big pools, framed by sunbed-scattered terraces. One comes with a swim-up bar, while the other has a bar nearby. You'll also find a smaller, more rectangular number, with wooden decking and canopied day beds.
Rooms are spacious and come with air-conditioning, cable TV, hairdryer, safety deposit box*, Wi-Fi*, and iron and ironing board and a fridge. |
PCMark®05 is everything you need to reliably and easily measure the performance of your PC and determine its strengths and weaknesses. With PCMark05, you will be able to select the optimal upgrades for your existing PC, or choose the right new PC that fits your specific needs. This easy-to-use product gives you the same tools and knowledge that virtually every professional tester in the industry uses. The benchmark suite offers memory and CPU scores.
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Titles by the Author
Alex Zanardi -
My Sweetest Victory
Alex Zanardi Interview on Real Sports
Alex Zanardi Interview on The Best Damn Sports Show Period
Alex Zanardi Interview on SpeedTV
Alex Zanardi on the Late Show with David Letterman
Alex Zanardi
Alessandro "Alex" Zanardi was born in Bologna, Italy, in 1966. He began racing karts in 1980 and made his Formula 1 debut eleven years later with Team Jordan. In 1996 he joined Ganassi Racing to compete in the CART Series and moved to the United States. He won consecutive CART championships in 1997 and 1998 before returning to Formula 1 in 1999 with Team Williams. In 2001 he rejoined the CART series with Mo Nunn Racing. On September 15, 2001, he lost his legs in a dramatic crash during a race at the EuroSpeedway in Lausitz, Germany. In May 2003, after 19 months of rehabilitation, Zanardi began his comeback in a modified Champ Car for 13 exhibition laps at the EuroSpeedway to complete the tragic 2001 race. In October 2003 he returned to competition at Monza, Italy, in the European Touring Car Championship series, driving a specially modified BMW touring car. In 2004 he raced the full ETCC season for BMW Team Italy-Spain.
Zanardi lives in Padova, Italy, with his wife Daniela and son, Niccolò. In response to the outpouring of support from the racing community and his fans since his crash, Zanardi has founded the Alex Zanardi Foundation to raise money for children's charities worldwide.
Alex Zanardi wrote a travel journal of his trip to the US to promote his book for Autoracing1.com.
Alex Zanardi on Real Sports
©2004 CBS Photo
Alex Zanardi on Letterman |
Talented cast sparkles in Cape Cod Theatre Company production
By Ellen C. Chaheynews@barnstablepatriot.com
Apr 8, 2016 at 11:44 AM Apr 8, 2016 at 11:44 AM
'Christopher Columbus' (to borrow the favorite oath of one of its characters), do we have talented theater people on Cape Cod, and "Little Women," playing all this month at the Cape Cod Theatre Company, home of the Harwich Junior Theatre, proves my point. It's not just good, it's Broadway good.
A musical with a cast of just ten actors accompanied by four musicians, this adaptation of the novel by Louisa May Alcott actually did play on Broadway, with book by Allan Knee, music by Jason Howland, and lyrics by Mindi Dickstein.
Here, the production is directed and choreographed with professional polish by Terry Norgeot, with topflight support from musical director Cristina Dinella, costume designer Robin McLaughlin, set designer James F. Byrne, and lighting and sound designers David Wilson and J Hagenbuckle.
The cast just sparkles. Dressed in charming period costumes appropriate to the Civil War days in which the story is set, Caitlin Mills (Jo); Lindsey Erin Agnes (Amy); Katie Lynch Koglin (Meg); and Hope O'Conor (Beth) bring to vivid life the personalities of the "little women," the four young March sisters, as they and their mother (played by Sonia Schonning) experience the ups and downs of life while missing their father, who's away at war.
The men who in various ways come into the sisters' lives are played by Richard Jay Sullivan, Anthony Logan Cole, Kevin Kenneally and Jeff Dexter. Sheila Furtado meets the challenge of a dual role as Aunt March and Mrs. Kirk.
What is notable is that each one of these players not only conveys the story's tenderness and humor, but that each, without exception, also has a lovely singing voice and the ability to tackle the score's often difficult music. Several of them ace long soliloquies, and they even nail the broad farce of a play-within-a-play. Diction and the delivery of lines is letter-perfect.
I have never read the novel "Little Women," so I cannot evaluate how closely the play follows it. And I am an only child, so neither can I gauge how closely the sisters' relations compare to reality.
So I will just tell you about the moment in the play that I'll remember. Young Beth and a neighbor, Mr. Laurence, sit down at a piano and sing a charming little ditty, "Off to Massachusetts." The simple pleasure of one adult and one child making music together brings a welcome still point in the play, which most of the time swirls with the big stuff like birth and death, conflicting loyalties, aspirations and ambitions and the uncountable forms of human love.
One caveat about this lovely show is that it feels long at 2 ½ hours, and some parts of the second act drag a bit. No doubt the three preschoolers who sat right in front of me felt the same way – bless 'em, they kept admirably quiet but by the end of the first act, let alone the second, there was considerable bobbing up and down. Because of its length, I wouldn't recommend "Little Women" for their age group.
It is the show to see this month if you have guests from off-Cape, or maybe even local friends who need an introduction to the very, very high quality of theater that we are blessed with on this peninsula. |
Audio Supervisor
Fisher Center at Bard College
Annandale-on-Hudson, NY 12504
The Audio Supervisor is responsible for the planning and execution of all audio elements for productions, residencies, concerts and special events (both on- and off-site as well as online) produced by the Fisher Center, Bard's Theater & Performance and Dance Programs, and Bard SummerScape Festival. Additionally, this position supports in-person performances at the Fisher Center featuring The Orchestra Now, Bard College Conservatory of Music, and rental/partnership programs.
Reporting directly to the Fisher Center's Director of Production and working closely with the other members of the Fisher Center Production Department, the Audio Supervisor manages the Center's audio facilities, professional and student labor force and resources to deliver an excellent standard of support that furthers the mission of the Center and Bard College.
This position's term will be February 1 through September 30, with a possibility of extension as available and necessary. The position requires up to 40 hours/week during non-production weeks. Up to 60 hours/week during production weeks.
This is a non-exempt (eligible for overtime) hourly position; rate commensurate with experience, starting rate is $30 an hour.
Local shared housing may be provided if needed. Access to a personal vehicle is necessary.
Production Administration:
Maintain a safe, healthy, and inclusive workplace at all times.
Assist the Director of Production and Associate Production Managers in creating labor and material estimates and budgets.
Assist the Director of Production and Associate Production Managers to hire a team of professional and student crew members.
Assist the Director of Production and Associate Production Managers to hire, supervise and train students crew members.
Create audio paperwork as needed.
Maintain vendor relationships.
Maintain accurate inventories of the Center's audio equipment.
Support the creation of production overview documents for all programs, ensuring accuracy of information on audio equipment, requirements, and capacities.
Participate in weekly all-staff meetings and production meetings, in addition to interdepartmental and external planning meetings with artists/designers.
Audio Department and Project Management:
Oversee all audio aspects (including backline, recordings and production intercom) of show development, budgeting, prep, load-in, run and strike for all events in or produced by one of the Center's programs including UPSTREAMING the Fisher Center's Virtual Stage.
Appropriately staff audio crew for each project's needs and budget; supervise and train crew
Work with the Video Supervisor to manage the Center's audio/video shop.
Maintain the Center's Audio equipment and infrastructure, including studio and classroom systems, assistive listening, program monitoring and paging.
Coordinate audio elements of props, scenery and costumes.
Advance all audio needs of all incoming productions and projects; coordinate with outside designers and engineers.
Execute bidding and purchasing for Audio equipment and services.
Coordinate and manage audio elements related to orchestra shell & riser changeovers, orchestra pit changeovers and seating setup changeovers.
Coordinate RF allocation.
Assist in the advancement of tours by resident Fisher Center artists, accompany and support tours and off-site productions as required.
Company-Wide Responsibilities:
The Fisher Center is currently undergoing an organization-wide process of change toward becoming an anti-racist, multicultural institution. All on staff are expected to:
Commit to anti-racism and inclusivity at the Fisher Center. This includes participating in anti-racism training when scheduled, participating in departmental, company-wide, and cross-departmental collaboration in issues of diversity, equity, and inclusion, and furthering your own independent journey with anti-racism
Contribute in meaningful ways to the organizational culture
Minimum 5 years experience as an Audio engineer in a multi-venue facility, producing venue or touring company (experience at an academic institution is a plus).
Ability to interpret and generate production drawings.
Strong knowledge of digital audio consoles, AutoCad, Vectorworks, the Google App suite, QLab, Shure Wireless Workbench, and Clear-Com Freespeak systems.
Ability to manage and train student labor.
Ability to cross-train all Fisher Center staff in basic audio operations.
Strong knowledge of electrical safety practices and theatrical rigging systems.
Budget creation and management experience.
Strong multitasking abilities as well as the ability to work well and work flexibly under pressure in a team-driven environment.
Strong communication skills and attention to detail.
Ability to manage crew in multiple spaces or locations.
Familiarity with the performing arts. Experience with multiple disciplines including but not limited to opera, dance, theater, interdisciplinary, and various genres of music is a plus.
Recording studio experience and experience with online live-streamed or recorded events a plus.
Bard's beautiful 1,000-acre campus is situated on the east bank of the Hudson River, in Annandale-on Hudson, New York. Community life is defined by numerous cultural and recreational opportunities in the surrounding historic Hudson River Valley and by proximity to New York City. Nearby towns and villages include Rhinebeck, Tivoli, and Red Hook, New York.
Interested and qualified candidates should submit a cover letter—outlining interest in and qualifications
for the position—with a current resume to fcjobs@bard.edu. Please note "Audio Supervisor" in the subject line of your email.
Bard College is an equal opportunity employer and we welcome applications from those who contribute to our diversity. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, mental, or physical disability, age, sexual orientation, gender identity, national origin, familial status, veteran status, or genetic information.
Bard is committed to providing access, equal opportunity, and reasonable accommodation for all individuals in employment practices, services, programs, and activities.
ABOUT THE FISHER CENTER
The Fisher Center develops, produces, and presents performing arts across disciplines through new productions and context-rich programs that challenge and inspire. As a premier professional performing arts center and a hub for research and education, the Fisher Center supports artists, students, and audiences in the development and examination of artistic ideas, offering perspectives from the past and present, as well as visions of the future. The Fisher Center demonstrates Bard's commitment to the performing arts as a cultural and educational necessity. Home is the Fisher Center for the Performing Arts, designed by Frank Gehry and located on the campus of Bard College in New York's Hudson Valley. The Fisher Center offers outstanding programs to many communities, including the students and faculty of Bard College, and audiences in the Hudson Valley, New York City, across the country, and around the world. Building on a 159-year history as a competitive and innovative undergraduate institution, Bard is committed to enriching culture, public life, and democratic discourse by training tomorrow's thought leaders.
ABOUT BARD COLLEGE
Founded in 1860, Bard College is a four-year residential college of the liberal arts and sciences located 9 miles north of New York City. With the addition of the Montgomery Place estate, Bard's campus consists of nearly 1000 park-like acres in the Hudson River Valley. It offers bachelor of arts, bachelor of science, and bachelor of music degrees, with majors in nearly 40 academic programs; graduate degrees in 11 programs; nine early colleges; and numerous dual-degree programs nationally and internationally. Building on its 159-year history as a competitive and innovative undergraduate institution, Bard College has expanded its mission as a private institution acting in the public interest across the country and around the world to meet broader student needs and increase access to liberal education. The undergraduate program at our main campus in upstate New York has a reputation for scholarly excellence, a focus on the arts, and civic engagement. Bard is committed to enriching culture, public life, and democratic discourse by training tomorrow's thought leaders. For more information about Bard College, visit bard.edu.
Send e-mail to fcjobs...
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This question was not answered by the mods here. I tried to read the FAQ and it said click on Edit button but that options does not give me the ability to delete my post.
Mods-pls help delete this thread as i have posted it in the correct place. thks.
Last edited by theffman; 15th January 2012 at 12:30 PM. |
Kooga's CS-3 LCST boots are high performance boots that are good all-round. Made with synthetic leather upper and with an internal moulded heel counter.
Kooga's CS-3 LCST boots are high performance boots that are good all-round. Made with synthetic leather upper and with an internal moulded heel counter. Sporting a low cut soft toe construction, these boots are usually preferred by backs for the extra mobility.
Unique quilted stitched panels providing improved surface grip.
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OUCH! Biden Says Hillary Never Figured Out THE MOST IMPORTANT THING About Running For President
How bad are things for Hillary Clinton? Even Vice President Joe Biden is kicking her while she's down.
According to Biden, Hillary never figured out the most important thing about running for President: Why she was running.
From CNN:
Biden: Clinton never figured out why she was running
Hillary Clinton felt compelled to run for president despite lacking a clear campaign vision, Vice President Joe Biden argued in an interview published Thursday.
"I don't think she ever really figured it out," Biden told the Los Angeles Times' Mike Memoli. "And by the way, I think it was really hard for her to decide to run."
Biden said Clinton likely felt obliged to run for president and that the historic nature of her bid weighed on her decision-making.
"She thought she had no choice but to run. That, as the first woman who had an opportunity to win the presidency, I think it was a real burden on her," Biden said.
Oh, Joe. Isn't it obvious?
Hillary ran to keep the gravy train rolling. She ran so she could pay back Clinton Foundation donors. She ran because she wanted to get a place in history.
In other words, Hillary ran for Hillary. That's why she ran.
It was all about Hillary.
And Joe? Either he doesn't get it or he's trying to hide the real reason Hillary ran for President.
Share so everyone sees the truth of "why" Hillary ran!! |
Blair, Keiley Advance, Horner Loses in First Round of Match Play at USGA Amateur Public Links
Zac Blair won the first hole of his first round match with a birdie and never trailed in posting a 5 and 3 victory over Byron Meth of San Diego, California in the USGA Amateur Public Links Championship at Soldier Hollow. Blair lost in the first round of this tournament the past two years and so this first round win is a big relief for him.
His BYU teammate, Justin Keiley, also advanced to the second round, but it took him an extra hole to oust Ryan Werre.
Dan Horner, the other Utahn to advance into match play, lost his first round match to Jacob Knapp, 3 and 2.
The big upset of the day came in the first match of the day when 64th seed Alex Edfort upset medalist James Erkenbeck. Edfort squared the match on the 18th hole and then won it on the 21st hole.
Blair will now face Paul McConnell of Texas in the second round. That match will tee off Thursday at 7:10 a.m. The winner will advance to the final 16 in a match that will begin at 12:30.
Keiley will face Brad Schneider of Florida in a morning match that begins at 9:10 a.m. If he wins that match he will play in the round of 16 in a 1:30 match.
Weather conditions have been wonderful at Soldier Hollow all three days of the tournament, but there have been very few spectators during the first three days of the tournament.
Complete results can be viewed at the usga.org web page.
Also, the Tribune and the News are offering good coverage at sltrib.com and desnews.com |
In case you've got a site, a problem can always occur and it doesn't automatically have to be associated with the hosting service itself. For instance, something might go wrong when you update an application or some crucial data can be edited or deleted unintendedly. Irrespective of what the essence of the problem might be, you'll have to contact the support team and ask them to restore a backup or to assist you in dealing with the problem that you are confronting. How quickly they will do that will predetermine the span of time that your sites will be offline. For specific sites like community sites or online shopping portals, a repetitive downtime duration too often equals lost customers and cash. Having said that, it's important for you to use the services of a company that provides not only a good customer support service, but also a timely one.
Our customer service team members are available at all times and they'll answer any ticket that you submit via the web hosting Control Panel within less than 60 minutes. The ticket response time is guaranteed irrespective of whether you've got a generic query with regard to your semi-dedicated server or you stumble upon a certain predicament and for most issues you will not have to wait even that long. Regardless of what the nature of the issue is or what time it is, we'll be there to lend you a helping hand, as we're available 24 hours a day to take care of any billing, general or technical issue. In case you get in touch with us about anything that's within our capability, we'll resolve it before we answer, which goes to say that you won't have to wait for hours or days while the problem perseveres. In case there's something that you need to do on your end, we'll provide you with the needed information – what workable solutions to try, what steps to take, etc. |
Baba Amte was a great social worker and activist who dedicated his whole life to serve poor people suffering from leprosy. His full name was Murlidhar Devidas Amte but popularly was called as Baba Amte.
He was highly influenced by Rabindranath Tagore and Mahatma Gandhi for social work. He also worked as the defense lawyer for imprisoned leaders of the Quit India Moment in 1942. Baba Amte passed his whole life in social service and started many organizations like Maharogi Seva Samiti, and 'Anandawan' providing a self sustained decent life to more than 3000 leprosy patients in India.
Recipient of many awards on the national and global grounds, Baba Amte surely proved to be the proud of the nation, few of the most important awards received by him were United Nations Human Rights Award, and the Magsasey Award, Padmavibhushan from the Indian Government, Damien-Dutton Award, U S A 1983 (highest international award in the field of leprosy). |
My Mp3's 1.42 is a Windows application. Read below about how to remove it from your computer. It was coded for Windows by ViJaWorld. More information on ViJaWorld can be seen here. Please open http://www.vijaworld.com/ if you want to read more on My Mp3's 1.42 on ViJaWorld's website. The program is often installed in the C:\Program Files\My Mp3's directory. Keep in mind that this location can differ depending on the user's preference. You can remove My Mp3's 1.42 by clicking on the Start menu of Windows and pasting the command line "C:\Program Files\My Mp3's\unins000.exe". Note that you might be prompted for admin rights. The application's main executable file has a size of 2.16 MB (2264064 bytes) on disk and is labeled mymp3s.exe.
My Mp3's 1.42 installs the following the executables on your PC, taking about 2.81 MB (2948377 bytes) on disk.
This info is about My Mp3's 1.42 version 31.42 only.
1. If you don't have Advanced Uninstaller PRO already installed on your Windows PC, install it. This is good because Advanced Uninstaller PRO is one of the best uninstaller and all around tool to optimize your Windows system.
Star rating (in the lower left corner). This tells you the opinion other users have about My Mp3's 1.42, ranging from "Highly recommended" to "Very dangerous".
The uninstall string is: "C:\Program Files\My Mp3's\unins000.exe"
7. Press the Uninstall button. A confirmation window will appear. accept the removal by pressing the Uninstall button. Advanced Uninstaller PRO will then remove My Mp3's 1.42.
8. After removing My Mp3's 1.42, Advanced Uninstaller PRO will offer to run an additional cleanup. Click Next to go ahead with the cleanup. All the items of My Mp3's 1.42 which have been left behind will be found and you will be asked if you want to delete them. By removing My Mp3's 1.42 using Advanced Uninstaller PRO, you can be sure that no Windows registry items, files or folders are left behind on your system.
This page is not a piece of advice to remove My Mp3's 1.42 by ViJaWorld from your PC, nor are we saying that My Mp3's 1.42 by ViJaWorld is not a good application for your PC. This text simply contains detailed instructions on how to remove My Mp3's 1.42 in case you decide this is what you want to do. Here you can find registry and disk entries that Advanced Uninstaller PRO discovered and classified as "leftovers" on other users' computers. |
I need to integrate OCR engine in Xamarin Android, which allows extract text from driving licences via a phone camera.
Abbyy Real-time Recognition SDK below seems the best option. However, I cannot see Xamarin sdk.
Unfortunately, we do not have any Xamarin samples for Real-Time Recognition SDK (only for ABBYY Cloud OCR SDK and for old Xamarin versions), but it is technically possible to use RTR in projects developed in Xamarin.
Xamarin sample for ABBYY Cloud OCR SDK does not support the latest version of Xamarin and it was not thoroughly tested, that's why we provide it only on demand. Please let us know if you would like to try ABBYY Cloud OCR SDK instead of Real-Time Recognition SDK.
I* need it to run offline, does ABBYY Cloud OCR SDK require internet connection?
As you correctly pointed out ABBYY Cloud OCR SDK requires Internet connection for work therefore the ability to work offline is not available.
I am looking for RTR SDK integration into Xamarin, could you please let me know the SDK support, Samples and also provide the details and documentation. |
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2295 - 10 June 2017
BOOKS AND WORKS ON PAPER: Music sale performs with style
Music sale performs with style
Regarded by many as Gustav Mahler's greatest song for voice and orchestra, 'Ich bin der Weit abhanden gekommen' was just one of many first-class performances featured in a 53-lot music sale conducted by Sotheby's (25/20/12.5% buyer's premium) on May 23.
Ian McKay
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The 14pp manuscript is Mahler's full orchestral setting of Friedrich Rückert's poem on the musings of a weary, despairing artist, one who is "lost to the world", and presents a vocal counterpart to the celebrated and heartbreaking 'Adagietto' in his Fifth Symphony.
As such, it is both one of the composer's most personal works and, in a well-chosen phrase in the catalogue description, "almost a touchstone for the beautiful in music".
This calligraphically crafted manuscript is warmly inscribed and dedicated to Mahler's friend and supporter, the Austrian musicologist Professor Guido Adler (1856-1941), but it disappeared when his Vienna home was ransacked during the 1938 'Kristallnacht' assaults on Jewish homes.
Following Adler's death, it was appropriated by a lawyer appointed to deal with his estate and only restituted to one of his descendants in 2004, following a court case that had lasted four years.
The only known autograph source for the orchestral version, it was sold that same year at Sotheby's to the late Gilbert Kaplan. The US businessman and devotee of Mahler's music was an amateur conductor who gave numerous public performances and made recordings with major international orchestras. He also established a foundation devoted to the study and promotion of Mahler's music.
Following the manuscript's return to Adler's family, it was sold at Sotheby's for £370,000, but though it fell short of expectations this time, it did sell at £550,000.
Just last November, Kaplan's manuscript of Mahler's Symphony No.2, the 'Resurrection', was sold at Sotheby's for £3.9m (see report in ATG No 2271). In this May sale a single sketchleaf, presenting a draft for 'The Last Trump' in the fifth and final movement, made £85,000.
Described as "hitherto untraced" and as a "Mahler discovery", a long-lost autograph fair copy for the song from his Kindertotenlieder that in English is rendered 'Now the sun wants to rise as brightly' sold for a high-estimate £190,000.
Bach back once again
The remaining lots featured in this report follow a roughly chronological path, beginning with a Bach manuscript that has changed hands three or four times in the last hundred years. It scored yet another success when it served as the overture to this London sale.
The Bach lot had been in an American collection and unavailable for study for some 20 years, which, with one notable exception*, is also the period of time that has passed since a manuscript wholly in Bach's hand has been put up for public auction.
Herr Gott Dich loben alle vir is a two-page manuscript of the revised first violin part for his Cantata No. 130, originally composed as a trumpet part (at Michelmas, 1724) and part of the sequence of great chorale cantatas written in the composer's second year in Leipzig.
High expectations for the return of such a rarity were met, and as Lot No 1 it brought a bid of £380,000.
Last seen at auction in 1998, when Sotheby's sold it for £80,000, a leaf containing the opening of Mozart's famous Rondo in A for Piano and Orchestra (K386), signed and dated 1782, was sold this time at £240,000.
Sold for £150,000 was an autograph leaf in which Beethoven tries out early ideas for all three movements of his Piano Concerto No. 5 in E flat major, one of his greatest compositions and familiarly known as the 'Emperor'.
Beethoven's pupil, Archduke Rudolph of Austria, was the dedicatee and took the solo part when the concerto was first performed in 1811, but other distinguished previous owners include Friederich Schneider, soloist at another early performance in Leipzig.
It was last offered at auction in 1996, when Stargardt of Berlin sold it for around £24,000.
Another of the sale's more keenly pursued lots was a large autograph album leaf, signed and dated Paris 1844, on which Chopin has copied out the opening of his Étude in A-flat major, Op 25, No. 1, first published in 1837. It sold for £140,000.
Brahms tunes in
Manuscripts of complete works by Brahms are rare at auction, and an early working draft for his Organ Fugue in A flat minor, which was first published in 1864, prompted enthusiastic bidding.
It is signed, dedicated and inscribed to Clara Schumann, apparently on the occasion of her husband Robert's birthday in 1856. During this period, Brahms was spending much of his time at the Schumanns' home in Dusseldorf, as their protégé.
It remained with Clara's descendants until 1998, when it was sold by Sotheby's at £21,000, but this time the price was a double-estimate £110,000.
Among the more recent musical manuscripts was the full orchestral score for 'Doubles', Pierre Boulez' first work for large orchestra – premiered in Paris in 1958. It doubled the high estimate to sell at £80,000.
One of the few printed works in the sale was a 1724 first of Rameau's Pièces de clavessin…. The only example recoded at auction, it seems, this example in 18th cenury half calf, is one that in 1964 was given by Imogen Holst to the keyboard virtuoso George Malcolm and is warmly inscribed "…A thank you for the Rameau performance… at Aldeburgh".
It sold at £60,000 – four times the high estimate.
* At Christie's in July 2016, the manuscript of Bach's Prelude, Fugue & Allegro in E flat major for lute or keyboard sold for £2.18m.
Books and Works on Paper
Richard Winterton
Antiques, Home & Interiors
Bolton Auction Rooms
Keys Fine Art Auctioneers
Antique & Modern Furniture
Babuino Casa d'Aste
Eppli Auktionshalle
Antiques & General
Arthur Johnson & Sons
Antiques & Furniture
Harry Potter: two lots demonstrate the value of a signature and the difference between pristine and scruffy copies
Sales reach Olympic heights
Small and simple miniature book... but big price at auction
Hunting tales tracked down at auction
Frogs and toads, fairy tales and fantasies from illustrators
An Art Nouveau brooch and a Charles II pewter candlestick are among seven lots to watch at auction
Top stories this week – including news of Sotheby's relocating in France
Police alerted to missing collection of porcelain from Wiltshire auction house
Holy smoke and blistering barnacles – comics set records at auction
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Portland's Tender Loving Empire (TLE) is all about the creative community. The family of artists and musicians that contribute to this shop and record label is almost immeasurable. It's a go-to for gifts for all people and occasions, especially Oregon-related goods.
We just shipped a fresh order of greeting cards and mountains of the cascade range prints to the shop. Be sure to check them out on your next visit to any of Portland's three TLE's!
Follow TLE on Instagram. And be sure to check out our full list of stockists here.
Interested in becoming a Taiga Press stockist? We'd love to have you carry our paper goods. Here is a link to our current fall/winter line list. Contact us for more information about placing an order. |
2KINGS 7-8:
Yesterday we heard two more chapters containing fascinating miracles performed by Elisha. The story about Gahazi getting the gifts from Naaman, and the vision about the chariots of fire both have interesting spiritual significance to ponder.
We come back to the story from chapter 7 where the Aramean army is surrounding Samaria. The famine is severe. The king has sent an executioner to kill Elisha. And then:
32 NLT Elisha was sitting in his house with the elders of Israel when the king sent a messenger to summon him. But before the messenger arrived, Elisha said to the elders, "A murderer has sent a man to cut off my head. When he arrives, shut the door and keep him out. We will soon hear his master's steps following him."
33 GNT He had hardly finished saying this, when the king arrived and said, "It's the Lord who has brought this trouble on us! Why should I wait any longer for him to do something?"
Laughter, joy, and tears are in this often quoted psalm.
JOHN 12a:
In yesterday's reading, Jesus worked his biggest miracle so far in the story— the raising of Lazarus, and the Jewish leaders became even firmer in their plans to kill Him.
John 12:4 One of Jesus' disciples, Judas[— who was from the village of Carioth, and//Iscariot—] the one who was going to betray him—said, He said this, not because he cared about the poor, but because he was a thief.
6 He carried the [disciples'] money bag and would help himself from it.
24 I am telling you the truth: a grain of wheat remains no more than a single grain unless it [falls//is dropped] into the ground and dies. If it does die, then it produces many grains.
25 Those who love their [life in this world//own life] will lose it; those who [think nothing of (NLT)//hate] their [0//own] life in this world will keep it for life eternal.
John 12:4 But Judas [, the man from the village of Carioth// Iscariot], the disciple who would soon betray him, said,
28 [Rather, I pray,] Father, bring glory to your name."
Then a voice spoke from heaven, saying, "I have already brought glory to my name, and I will do so again."
39 But the people couldn't believe, for as Isaiah [reported the Lord's words//also said],
40 "[I have//The Lord has] blinded their eyes
and hardened their hearts—
so that their eyes cannot see,
and their hearts cannot understand,
and they cannot turn to me
and have me heal them."
41 Isaiah['s prophecy] was referring to Jesus when he said this, because he saw the future and spoke of the Messiah's glory.
42 Many people did believe in him, however, including some of the Jewish leaders. But they wouldn't admit it for fear that the Pharisees would expel them from the synagogue[s].
44 Jesus shouted to the crowds, "If you [believe in/trust] me, you are [not just believing in//trusting not only] me, but also God who sent me.
47 I will not judge those who hear me but don't obey me, for I have come to save the world [,//and] not to judge it. |
The Anne Frank Center USA is Proud to Present a Special Screening of "The Search for the White Rose"
Join us Wednesday, February 18 from 6:30-8:30 for a special screening of Peter Logue's short film about Sophie and Hans Scholl, the leaders of the White Rose resistance movement against the Nazis.
To mark the 72nd anniversary of the arrests and subsequent executions of Sophie and Hans Scholl, The Anne Frank Center USA is proud to present Peter Logue's short film about the White Rose resistance movement. The event is part of our "Helpers, Heroes and Liberators" season commemorating the 70th anniversary of the end of World War II in Europe.
In 1942, amidst inexplicable evil and destruction, a small group of University of Munich students and one professor found themselves morally incapable of remaining silent. They formed a clandestine resistance movement that urged their countrymen to listen to their conscience and stand up against the atrocities being committed by the Third Reich. Through the publication and distribution of six anti-Nazi leaflets, they worked tirelessly, at the risk of their own lives, to have their message reach every corner of their country. The White Rose implored Germans to consider the "dimensions of shame that will befall us and our children when one day the veil has fallen from our eyes and the most horrible of crimes - crimes that infinitely outdistance every human measure - reach the light of day." The six members of the White Rose movement were arrested by the Gestapo, tried for treason and executed in 1943.
This short documentary focuses on retelling the story of the small group of German students who formed this resistance against the Nazis. Through extensive interviews with scholars and current University of Munich students, "The Search for the White Rose" explores the legacy of the movement for a new generation of German students, asking how such stories of resistance have helped shape their sense of German identity.
Followed by a Q&A with the film maker. |
Brivudin ist ein Arzneistoff, der als Virostatikum gegen Herpes simplex Typ 1 und Herpes Zoster eingesetzt werden kann. Es gehört zur Gruppe der Nukleosidanaloga. Im Vergleich zu anderen Nukleosidanaloga (Aciclovir, Valaciclovir, Famciclovir) zeichnet es sich durch eine wesentlich (200- bis 1000-fach) höhere antivirale Potenz aus und durch eine lange Halbwertszeit sowie intrazelluläre Verweildauer.
Die häufigste Nebenwirkung ist Übelkeit, insgesamt sind Nebenwirkungen aber selten.
Geschichte
Brivudin wurde schon in den 1970er Jahren in England und der damaligen DDR hergestellt. Aber erst seit einer Indikationsänderung im Jahr 2001 findet es breitere Verwendung. Bis zum Jahr 2000 war es zur Therapie von Herpes-simplex-Infektionen zugelassen. Seit 2001 wird es zur Behandlung von Herpes zoster angewendet.
Pharmakologie
Wirkmechanismus
Brivudin ist ein Thymidin-Antimetabolit, es wirkt gegen DNA-Viren.
In mehreren Phosphorylierungsschritten wird Brivudin zum Triphosphat aktiviert. Die Aktivierung erfolgt nur in der virusinfizierten Zelle, weil der Vorgang durch eine virale Thymidinkinase katalysiert wird. Die Triphosphate stellen die eigentliche Wirkform dar. Sie führen zur Hemmung der viralen DNA-Polymerase, zum Einbau von veränderten Nukleinbasen in die DNA und folglich zum Kettenabbruch während der DNA-Elongation.
Brivudin-Triphosphat hat eine sehr lange intrazelluläre Verweildauer von 10 Stunden, so dass es auch genug Zeit hat, um seine Wirkung in der von Viren befallenen Zellen zu entfalten. Da Brivudin nur die Virusreplikation hemmt, aber nicht das Virus selbst schädigt, kann es nur den Infektionsablauf unterdrücken. Es kann aber keine Erregereradikation bewirken und die für Herpesviren typischen Rezidive nicht verhindern.
Wirkspektrum
Brivudin hat eine hohe Aktivität gegen Herpesviren. Es ist wirksam gegen Herpes simplex Typ 1 und gegen Varicella-Zoster-Viren.
Dagegen ist es gegen Herpes simplex Typ 2 (z. B. genitale Infektionen) kaum wirksam. In vitro ist Brivudin auch gegen das Epstein-Barr-Virus wirksam. Eine Fallstudie zur Behandlung einer EBV-Enzephalitis bestätigte die Wirksamkeit auch in vivo.
Wirksamkeit
Brivudin ist wesentlich stärker gegen Herpesviren wirksam als andere Nukleosidanaloga (z. B. Aciclovir). Als Kriterium wird die Zeit vom Beginn der Behandlung bis zum letztmaligen Auftreten neuer Bläschen herangezogen. Bei Aciclovir beträgt diese Zeitspanne 18 Stunden, bei Brivudin 13 bis 14 Stunden.
Darüber hinaus tritt die postzosterische Neuralgie nach einer Behandlung mit Brivudin signifikant seltener auf als nach einer Behandlung mit Aciclovir. Gegenüber Famciclovir zeigt sich kein Unterschied.
Die signifikant bessere Wirksamkeit von Brivudin gegenüber Aciclovir ist umstritten. Das arznei-telegramm verweist auf mögliche Interessenskonflikte der Verfasser der Brivudin-favorisierenden AWMF-Leitlinie und bezweifelt die klinische Relevanz der maßgeblichen Studien.
Bei der Behandlung von Herpes corneae ist Brivudin gegenüber Idoxuridin signifikant überlegen.
Indikationen und Dosierung
Brivudin ist indiziert bei Herpes zoster und Herpes simplex Typ 1. Insbesondere bei Patienten über 50 Jahren ist es für diese Indikation das Mittel der Wahl.
Es wird oral angewendet. Die Standarddosierung beim Erwachsenen beträgt 125 mg pro Tag über 7 Tage. Die Tablette soll jeden Tag ungefähr zum gleichen Zeitpunkt eingenommen werden. Bei Patienten mit Nieren- oder Leberinsuffizienz ist keine Dosisanpassung nötig.
Wichtig für den Behandlungserfolg ist, dass die Therapie möglichst innerhalb von 72 Stunden nach dem Beginn der Hautsymptomatik erfolgt (= Phase der Virusreplikation). Ein späterer Behandlungsbeginn ist noch sinnvoll, solange noch frische Bläschen vorhanden sind, wenn sich Anzeichen einer viszeralen Ausbreitung zeigen oder bei floridem Zoster ophthalmicus und Zoster oticus.
Nebenwirkungen
Brivudin wird meistens gut vertragen. Die häufigsten Nebenwirkungen betreffen den Gastrointestinaltrakt: bei 2 % der Patienten kommt es zu Übelkeit. Auch eine Diarrhoe (Durchfall) kann auftreten.
Seltene Nebenwirkungen sind:
Störungen des Nervensystems: Kopfschmerzen, Schwindel etc.,
Müdigkeit oder Schlafstörungen,
Anstieg von Serum-Kreatinin und -harnstoff (Hinweise auf Einschränkung der Nierenfunktion),
Überempfindlichkeitsreaktionen der Haut,
Blutbildveränderungen (reversibel).
Wechselwirkungen und Anwendungsbeschränkungen
Brivudin darf nicht gleichzeitig oder zeitnah mit dem Zytostatikum 5-Fluoruracil oder anderen 5-Fluorpyrimidinen (z. B. Tegafur) verabreicht werden. Mindestens 4 Wochen müssen zwischen der Gabe dieser Medikamente liegen, da der Metabolit des Brivudins, Bromvinyluracil, irreversibel das Enzym Dihydropyrimidindehydrogenase hemmt, das für den Abbau von Pyrimidinen zuständig ist. Das führt zu einer Kumulation und erhöhten Toxizität von 5-Fluoruracil, verbunden mit der Gefahr schwerer Nebenwirkungen: erhebliche gastrointestinale Störungen, Neutropenie und Knochenmarksdepression. Bei der gleichzeitigen Gabe von 5-Fluoruracil und Sorivudin, welches so wie Brivudin zum Metaboliten Bromvinyluracil abgebaut wird, hat diese Interaktion sogar zu Todesfällen geführt. Diese potenziell tödliche Wechselwirkung mit antineoplastisch (5-Fluorouracil, Capecitabin, Floxuridin, Tegafur) oder antimykotisch wirksamen 5-Fluoropyrimidinen (5-Fluorcytosin) ist prinzipiell auch für Brivudin bedeutsam.
Mit Datum vom 12. Mai 2020 erschien ein weiterer Rote-Hand-Brief mit folgendem Inhalt: "Es können Todesfälle infolge einer Arzneimittelwechselwirkung zwischen Brivudin und Fluoropyrimidinen (z. B. Fluorouracil (5-FU), Capecitabin, Tegafur, Flucytosin) auftreten. Nach Abschluss der Brivudin-Behandlung muss eine mindestens vierwöchige Wartezeit, eingehalten werden, bevor die Behandlung mit einem Fluoropyrimidin begonnen werden kann. In vielen Fällen kam es zu Todesfällen, wenn diese vierwöchige Wartezeit nicht eingehalten wurde (z. B. wurde Brivudin zwischen zwei 5-FU-Zyklen eingenommen)."
Verdrängung von Brivudin aus der Plasmaeiweißbindung durch andere Medikamente mit ebenfalls starker Eiweißbindung.
Kontraindikationen
Schwangerschaft und Stillzeit
gleichzeitige Gabe bzw. Gabe in den letzten vier Woche von 5-Fluoropyrimidin-haltigen Medikamenten (siehe vorstehend bei Wechselwirkungen und Anwendungsbeschränkungen)
Immunsuppression
Kreuzresistenz
Eine Kreuzresistenz besteht mit Aciclovir bei Herpes-simplex- und Varicella-Zoster-Viren.
Pharmakokinetik
Orale Bioverfügbarkeit: 30 % (wegen ausgeprägtem First-Pass-Effekt)
Absorption: 85 %
Terminale Halbwertszeit: 16 Stunden
Ausscheidung: hauptsächlich renal, 20 % via Faeces
Brivudin wird nach oraler Gabe fast vollständig enteral resorbiert. Der maximale Plasmaspiegel wird schon nach 1 Stunde erreicht. Mahlzeiten verzögern die Resorption, senken aber die Resorptionsquote selbst nicht. Bei der First-pass-Metabolisierung entsteht zu ca. 65 % der nicht wirksame Metabolit Bromovinyluracil (BVU). Diese unwirksame Substanz entsteht durch das Enzym Pyrimidinphosphorylase, das die Zuckerkomponente abspaltet. Brivudin wird zu über 95 % an Plasmaproteine gebunden, das Verteilungsvolumen beträgt 75 Liter. Bei einer eingeschränkten Nierenfunktion kommt es zu einer deutlichen Verlängerung der Halbwertszeit.
Weblinks
Brivudin, Stiftung Warentest, 1. April 2022
Handelsnamen
Monopräparate:
Brivex (Schweiz)
Mevir (Österreich)
Zostex, Brivudin Aristo (Deutschland, Österreich)
Zostergalen (Deutschland)
Einzelnachweise
Pyrimidindion
Hydroxyoxolan
Bromalken
Hydroxymethylverbindung
Nukleosid
Virostatikum
Arzneistoff |
Half-Pint Readers are colorful, funny and engaging. Each story has a little plot.
The stories revolve around 18 child-centered themes.
The adorable and memorable characters face the child while they are reading.
Half-Pint Readers are easy to decode. New skills are gradually introduced and each book builds upon the skills from previous books.
Children do not have to master the entire alphabet before they can begin reading their first book.
Children love the fun, hands-on lessons and activities to help them learn to read.
Each level comes with 36 different titles.
The scope and sequence of skills is clearly stated on the back of each box.
Each level comes with activity cards with 36 multi-sensory activities to reinforce new skills.
Their child becomes interested in the themes and wants to learn more.
Their child can hardly wait to read the next book.
Their child's reading level improves at school.
The online lesson plans are easy to follow for homeschooling.
Half-Pint Readers make a great gift for beginning readers.
Our program incorporates the five Components of Reading (Phonemic Awareness, Phonics, Vocabulary, Fluency, and Comprehension) as recommended by the National Reading Panel.
Our program is researched-based and follows the Orton and Gillingham method for teaching reading.
The lessons are explicit, systematic, sequential and cumulative.
The lessons are multi-sensory to reach all types of learning styles.
Common Core Standards are noted for each lesson.
The website offers a wealth of FREE resources for teaching such as: hundreds of lesson plans, printable worksheets and fun activities.
The literacy centers are a "hands-on" way to practice reading skills.
Half-Pint Readers are sequential and cumulative, providing many opportunities to practice new skills.
Half-Pint Readers have controlled vocabulary. The text is large with only one or two sentences per page.
The stories are only seven pages long, giving the child a feeling of accomplishment in reading the entire book.
New words for each book are listed inside the front cover.
Higher level comprehension questions are listed at the end of each story.
The themes are a great way to integrate math, science, social studies, art, music and physical activity, as well as authentic literature and technology.
Half-Pint Readers were written by a kindergarten teacher who understands how children learn.
The books are very cost-effective compared to the large reading curriculums.
Half-Pint Readers are also sold as Kindle E-books. |
Фёдор И́горевич Беляко́в (10 апреля 1993, Москва, Россия) — российский хоккеист, защитник клуба «Адмирал», выступающего в КХЛ.
Карьера
Фёдор является воспитанником школы хоккейного клуба «Крылья Советов» (Москва). Стал хоккеистом, как и его старшие братья Кирилл и Никита. До 2010 года выступал за родной клуб. Был капитаном юношеской команды «Крылья Советов-1993».
На драфте КХЛ-2010 выбран во втором раунде под общим 27-м номером клубом «Металлург» (Новокузнецк). В 2010—2012 годах выступал за клуб МХЛ — «Кузнецкие Медведи». Провёл за клуб 108 игр, набрав 23 (6+17) очка.
С 2012 года Беляков стал игроком клуба КХЛ «Барыс». Также играл за ХК «Снежные Барсы», выступающего в МХЛ, и в составе «Барыс-2», выступающего в чемпионате Казахстана.
С 2013 года играет на позиции защитника в составе нижнекамского «Нефтехимика», выступающего в КХЛ.
с 2014 года выступает за ЦСКА.
Первую шайбу в МХЛ забросил 29 ноября 2010 года в ворота «Ладьи» (Тольятти) в домашнем поединке в Новокузнецке.
Первую шайбу в КХЛ забросил 28 ноября 2013 года в поединке с «Донбассом» в Донецке, при игре «6 на 5» переведя игру в овертайм за 39 секунд до сирены.
Статистика
Клубная карьера
Ссылки
Хоккеисты России
Хоккеисты КХЛ
Хоккейные защитники
Игроки ХК «Кузнецкие медведи»
Игроки ХК «Снежные барсы»
Игроки ХК «Номад»
Игроки ХК «Барыс»
Игроки ХК «Нефтехимик»
Игроки ХК «Красная армия»
Игроки ХК ЦСКА Москва
Игроки ХК «Молот-Прикамье»
Игроки ХК «Адмирал»
Игроки ХК «Сибирь»
Игроки ХК «Салават Юлаев»
Игроки ХК «Торпедо» Нижний Новгород
Игроки ХК «Торпедо» Усть-Каменогорск
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Here at Zco, we get a lot of questions about our services. Below are some of the questions we're asked most frequently. If your query isn't listed or you just want more details, please call us at (603) 881-9200 or email us at any time.
Zco's hourly rate for app development is less than $60 per hour. An average app project might cost about $30,000, with functionality and complexity raising or lowering the price accordingly.
Will you develop my app idea for profit share?
Zco works strictly as a developer for hire. We do not participate in any revenue splits or percentage agreements. That means while you shoulder development costs, you own your app free and clear, including source code and intellectual property.
How is my mobile app idea protected?
One of the very first steps in the app development timeline is the signing of a non-disclosure agreement (NDA) by both Zco and you, the prospective client. This protects both parties, since we'll be working very closely together. Once it's finished, the app and all its source code and intellectual property belong to you.
Simple apps can be completed in a couple weeks, while more complex apps might take several months. The more clearly you've defined your idea and how it will work as an app, the more closely we can estimate a time frame.
Can you do iPhone and Android at the same time?
Absolutely! Learn more about our mobile app development services.
Can we do some of the app development work ourselves?
Of course! If you have the technical know how or artwork ready, and just need something specific from us, we can cater to your needs. The idea is yours, so bring as much to the table as you can.
Enterprise apps can be distributed on your own private server.
How can I make sure my app will get downloads?
There's no such thing as a guarantee, but our digital marketing services can help your app gain the exposure it needs to have a chance at rising above the crowd. Also, read these blog posts about ways to promote your app.
There are dozens of examples on our Customer Apps page.
Take a look at the customer reviews on the Our Customers page or contact our sales team directly to request a personal reference.
App owners receive statistics from the various download services for their own apps. We do not keep track of clients' stats, but there are some figures on our Case Studies page and you might find some companies boasting about their downloads on their own websites.
What's the difference between a native and a hybrid application?
A native app is written specifically for one operating system, like Android or iOS. A hybrid app has some native code but also relies on programming languages that all operating systems can understand. Zco offers both hybrid and native app development services because both approaches have their advantages. Hybrid apps can sometimes be faster and more cost effective to deploy to multiple mobile operating systems, but native apps typically perform more smoothly and quickly. For example, front-end programming for a particular app might cost $10,000 for Android and an additional $10,000 for iOS, totaling $20,000 if both are built natively. A hybrid approach might cost more like $13,000 for both.
As always, get in touch at (603) 881-9200 or with other questions. Also, be sure to check back at our Blog for the latest info from the world of mobile application development.
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Human-robot interaction (HRI) is vastly addressed in the field of automation and manufacturing. Most of the HRI literature in manufacturing explored physical human-robot interaction (pHRI) and invested in finding means for ensuring safety and optimized effort sharing amongst a team of humans and robots. The recent emergence of safe, lightweight, and human-friendly robots has opened a new realm for human-robot collaboration (HRC) in collaborative manufacturing. For such robots with the new HRI functionalities to interact closely and effectively with a human coworker, new human-centered controllers that integrate both physical and social interaction are demanded. Social human-robot interaction (sHRI) has been demonstrated in robots with affective abilities in education, social services, health care, and entertainment. Nonetheless, sHRI should not be limited only to those areas. In particular, we focus on human trust in robot as a basis of social interaction. Human trust in robot and robot anthropomorphic features have high impacts on sHRI. Trust is one of the key factors in sHRI and a prerequisite for effective HRC. Trust characterizes the reliance and tendency of human in using robots. Factors within a robotic system (e.g. performance, reliability, or attribute), the task, and the surrounding environment can all impact the trust dynamically. Over-reliance or under-reliance might occur due to improper trust, which results in poor team collaboration, and hence higher task load and lower overall task performance. The goal of this dissertation is to develop intelligent control algorithms for the manipulator robots that integrate both physical and social HRI factors in the collaborative manufacturing. First, the evolution of human trust in a collaborative robot model is identified and verified through a series of human-in-the-loop experiments. This model serves as a computational trust model estimating an objective criterion for the evolution of human trust in robot rather than estimating an individual's actual level of trust. Second, an HRI-based framework is developed for controlling the speed of a robot performing pick and place tasks. The impact of the consideration of the different level of interaction in the robot controller on the overall efficiency and HRI criteria such as human perceived workload and trust and robot usability is studied using a series of human-in-the-loop experiments. Third, an HRI-based framework is developed for planning and controlling the robot motion in performing hand-over tasks to the human. Again, series of human-in-the-loop experimental studies are conducted to evaluate the impact of implementation of the frameworks on overall efficiency and HRI criteria such as human workload and trust and robot usability. Finally, another framework is proposed for the cooperative manipulation of a common object by a team of a human and a robot. This framework proposes a trust-based role allocation strategy for adjusting the proactive behavior of the robot performing a cooperative manipulation task in HRC scenarios. For the mentioned frameworks, the results of the experiments show that integrating HRI in the robot controller leads to a lower human workload while it maintains a threshold level of human trust in robot and does not degrade robot usability and efficiency.
Sadrfaridpour, Behzad, "Trust-Based Control of Robotic Manipulators in Collaborative Assembly in Manufacturing" (2018). All Dissertations. 2275. |
Here is the NEXT card I promised in the last POST , showing the difference in TAPPING the folder versus SWIPING it and you can see the background has a much better coverage! For the Background I inked up the smooth side of the Tim Holtz Sizzix Kaleidoscope 3D Texture Fades Embossing Folder 663296 with Versamark Ink by TAPPING it onto the folder and heat embossed with Gold Ranger Embossing Powder . The sentiment is from Impression Obsession called Season's Greetings DIE594. I cut it from white fun foam and inked with Versamark Ink and heat embossed with Gold Ranger Embossing Powder (it shrunk a little bit & that is why it is a little WONKY) I used Gorilla Super Glue Precise Gel to glue it to the Vellum strip.
WOW! Gorgeous! Thanks so much for playing in our 'Snowflakes' challenge at Dies R Us. Good Luck and please come back again soon!
Wow! Gorgeous! – I love the dry embossing and all that sparkle. Thanks for playing along with us at AAA cards!
Very pretty card! Love all the shimmer. Thanks for playing at AAA Cards challenges.
Another fabulous and beautiful card. Thanks for playing at AAA Cards.
Gorgeous! Love that gold. So glad you linked to my Visions of Sugarplums challenge! |
Mississauga has chosen to avoid high-rise condominiums along the Mississauga waterfront
November 9, 2012 /0 Comments/in Long Branch, Mississauga, Newsletter, Toronto /by Jaan Pill
In recent weeks I've attended three community events in two cities. In each case, I attended the event toward the end, after much of it was over.
Mimico 20/20 Open House, Nov. 8, 2012
I arrived as the meeting was wrapping up. The City of Toronto planning staff were welcoming and friendly, a quality that I remember from a previous Mimico 20/20 public meeting.
Subsequently, I have heard that there is a feeling among some community participants that the information shared represented a 'top-down' approach to the planning process, was lacking in key information, and provided a too-short timeline for community responses. I will comment on this topic further when more information from the community is available.
Lakeview Ratepayers Association
In the previous week, I attended the tail end of the annual general meeting of the Lakeview Ratepayers Association, held at a seniors' centre in Mississauga.
Mississauga Councillor Jim Tovey continues discussion at end of Lakeview Ratepayers Association AGM, October 2012. Jaan Pill photo
I was very impressed. Councillor Jim Tovey, who began his career in politics when he was president of the latter association, as I understand, spoke at the meeting of how he envisions future attractiveness and prosperity — he's looking 25 years down the road — in Lakeview, driven by the fact that Mississauga has made a conscious decision to avoid high-rise condos along the Mississauga waterfront. Instead the focus is on mid-rise development along arterial routes, as I understand.
That approach stands in contrast, by way example, with the wall of condos emerging on the Humber Bay shoreline in Toronto.
The energy in the room was very high and very positive. The rapport between Tovey and the audience was readily apparent. I'm pleased I live close to the Mississauga border so I can see how things are framed in Mississauga. Comparisons are useful as they expand our conceptions of what is possible.
Islington Ratepayers and Residents Association
This too was an impressive meeting. It was held in a Toronto District School Board school. I had the sense that in this particular community, people had been coming to such meetings for many years. They're keeping the conversations going. Among the speakers was Ward 5 Councillor Peter Peter Milczyn. He gave thoughtful answers to questions and spoke cogently of the wider, City-wide context in which planning decisions are made.
I very much like the fact this association welcomes and speaks on behalf of both 'ratepayers' and 'residents.' The tradition of emphasizing the 'ratepayers' as custodians of the decision making process in the community goes back a long way in world history; it's wonderful that in Islington the views of 'residents' are also taken into account.
Capital Improvements at Marie Curtis Park
I've been following community affairs only for a couple of years, since learning in October 2010 that Parkview School in Long Branch was for sale.
One of my ongoing interests concerns how community input regarding development projects works out in practice. That is, a question that invariably arises is: What do we mean when we speak of meaningful community input?
I was impressed with what I've seen regarding community input as it relates to Marie Curtis Park, which is close to where I live. Early on, the community communicated that a planned relocation of a parking lot was a source of concern. This was a key topic during an early stage of discussion. In response to community input, the parking lot plans were changed. I was impressed, and inspired. Meaningful community input has been evident in subsequent stages of capital improvements in the park as well.
The Colonel Samuel Smith Ice Trail story has similarities. The initial proposed footprint for the outdoor facility, near Kipling Avenue and Lake Shore Blvd. West, was met with community objections. Those objections were taken into account in the final configuration of the footprint. It's turned out to be a successful project.
What matters are the practical results of ongoing discussions. What matters are the results on the ground. That's what punctuates the discussion, and brings it to its conclusion.
Stormwater Management in South Etobicoke
I recall attending a meeting connected with Stormwater Management in South Etobicoke. That was quite a meeting. The residents communicated quite strongly held views expressing the conclusion that an earlier proposal would benefit from major revision.
Although it remains to be seen, I had the sense that City of Toronto planning officials may take those views into account. The residents at the meeting spoke in favour of a solution that includes an environmentally sensitive focus, as contrasted to one that emphasizes a large-scale 'engineered' solution. I look forward to following the next stage of that particular consultation process.
I also look forward as well to seeing how things work out in Lakeview. From what I've seen to date, I'm impressed. I will be following with interest to see how things work out on the ground, and along the waterfront, in Mississauga and in Toronto.
https://preservedstories.com/wp-content/uploads/2019/04/Preserved-Stories-logo-horizontal-1.png 0 0 Jaan Pill https://preservedstories.com/wp-content/uploads/2019/04/Preserved-Stories-logo-horizontal-1.png Jaan Pill2012-11-09 04:03:522013-11-28 09:32:18Mississauga has chosen to avoid high-rise condominiums along the Mississauga waterfront
Anishinaabe First Nations in the War of 1812 (Nov. 14, 2012) ; OPSBA letter;... Cycling committee meeting (Nov. 12, 2012 ); Lakeshore Planning Council AGM (Nov.... |
Sphaerius spississimus is een keversoort uit de familie oeverkogeltjes (Sphaeriusidae). De wetenschappelijke naam van de soort werd in 1935 gepubliceerd door Pierre Lesne.
Oeverkogeltjes |
Second Advent
Since 2041, Second Advent has identified itself with the G666 brand, a combination of G6 and the number of the beast.
Apocalypticism
Arnold Boxer
John Patmos (disputed)
Between 5.5 and 6 million
Second Advent is an unrecognised proto-state that occupies large parts of Texas and several territories of the United States (US) through political and military control. It split off from the ultra-fundamentalist Church of Christ Embattled (CCE) in 2036 and evolved into a doomsday cult with a combination of religious and secular motifs to its apocalypticism.
It is estimated that Second Advent has between 5.5 and 6 million members in Texas and the US, and an unknown number of international members. The United Nations (UN) has rejected Second Advent's claim to statehood and classified it as a terrorist organisation responsible for committing human rights abuses, genocide, and ecocide.
On October 4th 2049, Second Advent leader John Patmos was killed by a drone strike in connection with the assassination of Xu Shaoyong and Yuri Golitsyn. Second Advent has condemned the attack and promised "swift, divine retribution," with online chatter indicating that the cult believes Patmos is still alive. On October 9th 2049, a video address issued by Patmos commanded all Second Advent members to assemble in San Antonio, which has de-escalated hostilities across the US.
Opposition to colloids
Texan secession
Campaign against G6
Assassination of Xu Shaoyong
Though its origins remain a matter of debate, most historians agree that Second Advent was formed in September 2036 by a faction of the Church of Christ Embattled (CCE). This ultra-fundamentalist Baptist church was founded in San Antonio, Texas in 2033 and practiced an apocalyptic dogma focused on hastening the return of Christ in order to fulfil the rest of the Messianic prophecy. The CCE, which by 2036 had a membership of 145, advocated "the punishing of violators of the law of God" and repeatedly targeted BIPOC and LGBTQ+ individuals, holding them responsible for "keeping this world in thrall to Satan."
During the United States (US)-wide super summer of 2036, almost half of the CCE's parishioners succumbed to primary amoebic meningoencephalitis (PAM) due to a waterborne infection from the free-living amoeba Naegleria fowleri. [1] Refusing aid from San Antonio's mayor, CCE founder Arnold Boxer hailed the PAM infections as "divine discipline," proclaiming his belief that he had been deliberately spared by God to "bring about the Second Advent of Christ" and citing other impacts and effects of anthropogenic climate change as evidence that "the Storm is upon us."
In early 2037, Boxer's warnings of a storm and other perceived codes in his language prompted QAnon to rally around Second Advent under the assumption that it was a sting operation enacted by former US President Donald Trump. [2] Online chatter associated with QAnon tags indicated that its adherents began to attribute the Messianic prophecy to Trump, whom they believed had faked his own death in 2023 to covertly prepare for his return to power. This led to QAnon organising Second Advent "chapters" in other US states, often backed by supportive elements of various hate groups and militias, including the Proud Boys and the boogaloo movement. [3] Boxer reportedly embraced this "serendipitous" expansion of Second Advent into far-right circles because it intensified pressure on the targets of his extremist dogma.
Second Advent followers on patrol in San Antonio, Texas in 2046.
To coordinate its rallies and recruitment efforts, Second Advent made use of Sovereign, which contributed to the platform's shutdown in October 2037. In 2038, QAnon groups in other countries latched onto the Second Advent name and mission, leading to an influx of international followers. During the 2038 midterm elections, a number of Republican politicians inserted dog whistles to Second Advent into their campaign speeches, which further galvanised membership. [4]
In February 2039, it was revealed that US Army lieutenant general Brian Friedberg, who was commander of Camp Stanley in Texas, had been organising training exercises in survivalist urban combat with the explicit goal of "preparing for the Second Advent." After he was relieved of his command, Friedberg introduced his training programmes to Second Advent followers and encouraged active-duty members and veterans of the armed forces to join him, leading some observers to describe Second Advent as a paramilitary organisation. [5]
Opposition to colloidsPermalink
In December 2039, the US announced that it would work with the World Health Organisation (WHO) for the distribution of diagnostic colloids as part of international contact tracing efforts to contain the spread of Cariappa-Muren disease (CMD). In response, Boxer condemned colloids as the mark of the beast and called for the murder of Xu Shaoyong, whom he proclaimed to be the Antichrist. Boxer's opposition to colloids in the context of mitigating the CMD pandemic attracted various anti-vaxxer communities to Second Advent, and the WHO's partnership with Zhupao drew support to the cult from white supremacist, TERM, and ethnonationalist groups. [6] [7]
In January 2040, Second Advent started a campaign to intercept shipments of colloids coming into the US, often using military hardware as a show of force or posing as private contractors hired to protect the transports. Many of the intercepted shipments were subsequently destroyed, though some were sold back to the US or on the illicit market as a means of additional funding for Second Advent's activities. In June 2040, the Department of Justice (DOJ) called the actions of Second Advent "examples of domestic terrorism" and announced a series of charges, which led to Second Advent followers firebombing five Texas field offices of the Federal Bureau of Investigation (FBI).
On July 3rd 2040, the governor of Texas, Andrew Bost, declared a statewide martial law and deployed the National Guard, despite reports that many units had been infiltrated by Second Advent or were sympathetic to its cause. The increasing range of flashpoints across Texas overstretched the National Guard deployments and allowed Second Advent to seize control of San Antonio, with many residents fleeing their homes to find shelter in neighbouring counties. [8] In September 2040, Boxer announced that he would order hostilities in all US states ceased in exchange for a seat on the Republican side of the Texas House of Representatives. Governor Bost initially balked at Boxer's demand but acquiesced at the direction of the DOJ. On September 17th 2040, Boxer was officially sworn in as a state representative. [9]
Texan secessionPermalink
Boxer's term in the House was most notorious for the heavily armed Second Advent escorts that accompanied him to and from the Texas State Capitol and patrolled the entrance while he was inside. He frequently clashed with other representatives, consistently ignored House rules and parliamentary procedures, and made "vile threats" when he was called out on Second Advent's reported human rights abuses in San Antonio. [10] According to his colleagues, Boxer "pushed non-pertinent legislative issues that never made it to the floor" and "mostly went on long rants about the end times."
When China requested an emergency special session of the United Nations General Assembly (UNGA) to propose the international adoption of mìngyùn in November 2040, Boxer held a 43-minute speech to denounce "the works of the Antichrist" and warned of "dire consequences" if the US supported China's proposal. Boxer's threat of violence was seen as the reason for the US opposing an assembly vote at the UNGA session's second sitting on December 11th 2040. When the US ultimately voted in favour of adopting Resolution ES-13/6 on February 11th 2041, Boxer called for "the liberation of Texas to reassert its status as an independent nation under God" and ordered Second Advent to "storm the Capitol."
Within minutes of Boxer's order, several Second Advent militias converged on the Texas State Capitol and occupied it. [11] Police forces were quickly overwhelmed and the National Guard was delayed in mobilising, allowing the militias to entrench themselves in the building. Governor Bost, who was captured before he could be evacuated, was executed while other representatives were kept as hostages. After a three-day standoff that left 78 dead and caused severe fire damage to the Capitol, the US capitulated to Second Advent and drew up terms for granting Texas the status of self-governing territory in exchange for "the unmolested passage of any individual or group wishing to leave Texas and enter the United States." [12] In response, Second Advent declared itself "the sole governing authority in the independent nation of Texas" and relocated its capital to San Antonio. [13]
Campaign against G6Permalink
As Second Advent intensified its occupation of Texas and called for its US chapters to disrupt the deployment of G6 under the G666 brand, United Nations Secretary-General (UNSG) Maria Vahekeni Cardoso called an emergency meeting of the Security Council in March 2041 to discuss a response. Due to opposition from the US and China, the meeting was adjourned without agreeing on a joint statement. Further attempts to come to a council resolution on the matter of Second Advent have met with similar results. [14] In October 2041, the United Nations Office of Counter-Terrorism (UNOCT) classified Second Advent as a terrorist organisation.
Second Advent leader John Patmos during his last public appearance in 2042.
In January 2042, Boxer died of an undisclosed illness rumoured to be CMD due to his increasingly erratic behaviour in the months leading up to his death. After a mourning period, Second Advent hosted an online leadership election in which more than 2.6 million members participated. On February 1st 2042, John Patmos was elected leader of Second Advent with 72% of the vote. Though a relative unknown compared to the other candidates, Patmos had been mentioned by Boxer as "a saviour of God's Promised America" due to his financial ties to Second Advent, which caused him to be celebrated as a foundational figure ahead of the election. [15]
On February 11th 2042, Patmos livestreamed a three-hour sermon in which he denounced the use of G6 and colloids, quoted heavily from the Book of Revelation, and promised "delivery from the final Storm." Following the sermon, Second Advent intensified its physical and cyberattacks against G6 infrastructure in the US, including the bombings of G6 hubs and the kidnapping of Datalign personnel. When US authorities attributed some of these attacks to Five of Swords (FoS), the group issued a message through Vessel which stated: not_us.we/want/to_end/G6_but/not_like_this. FoS has since launched multiple crowdsourced investigations of Second Advent, with most information about the cult's inner workings originating from these probes as well as multiple undercover operations.
Assassination of Xu ShaoyongPermalink
On October 3rd 2049, Second Advent was implicated in the assassination of Xu and Yuri Golitsyn after the Chinese investigation uncovered evidence that the cyberattack originated from a Second Advent training camp in California. At 07:16 CDT on October 4th 2049, Patmos was killed by a drone strike at Second Advent's headquarters outside San Antonio. The strike has been claimed by China and condemned by Second Advent, promising "swift, divine retribution" and calling on all chapters in the US to "root out the evil that withholds our salvation." On October 5th 2049, Second Advent followers began to incite violence in several US states, including the destruction of G6 hubs in Indiana and Washington. As a result, the US has declared a state of emergency, with the National Guard deployed to "stem the tide of violence." [16]
On October 9th 2049, a video address from Patmos was uploaded to one of Second Advent's networks, ordering "all soldiers of the Second Advent to gather in San Antonio, where lies salvation from the Storm." The address has de-escalated hostilities across the US, with reports indicating that Second Advent members have begun to make their way to Texas. The source of the video is currently under investigation, though an early FoS analysis indicates that it was generated by artificial intelligence (AI) from the likeness and voice patterns of Patmos, with Second Advent dismissing these findings as "deepfake news."
On October 10th 2049, Second Advent celebrated the disclosure of acquired deficiency of the interleukin-1 receptor antagonist (ADIRA), attributing it to the Storm and hailing Patmos for "unleashing a great plague that will wash away those who have succumbed to the Antichrist."
IdeologyPermalink
Second Advent rejects the labels of a doomsday cult and a terrorist organisation, referring to itself as a "congregation" in its official communications. Its ideology has been described as "a self-contradictory, self-reinforcing, ever-evolving quagmire of prophecies, conspiracy theories, and mass delusions that's impossible to discredit or argue against." It is primarily centred around a great battle, commonly referred to as the Storm, that is either coming soon or currently being fought, with anthropogenic climate change as a recurring justification for enacting violence.
Second Advent's opposition to colloids, and by extension G6, stems from its latent religious elements, which considers the modern world "as one where each person is marked for identification by a corrupt government headed by the Antichrist." This belief stems from a quote from the Book of Revelation, Chapter 13, Verse 16-18:
And he shall make all, both little and great, rich and poor, freemen and bondmen, to have a character in their right hand, or on their foreheads. And that no man might buy or sell, but he that hath the character, or the name of the beast, or the number of his name. Here is wisdom. He that hath understanding, let him count the number of the beast. For it is the number of a man, and the number of him is six hundred sixty-six.
The FoS investigations have indicated that Second Advent has adopted a series of religious practices around staying cool, such as prolonged baptisms by complete immersion. [17]
FinancesPermalink
According to several studies conducted by the Financial Action Task Force (FATF), Second Advent's primary source of funding derives from the extraction and export of oil from the oil fields that were captured during its takeover of Texas. [18] It is estimated that Second Advent generates an average of 2.7 million barrels of oil per day, though repeated infrastructure failures and worker heat strokes have impacted production. Most of the oil produced in Texas is exported to the US. [14]
Second Advent also generates proceeds from the US territories it occupies, including control of banks, taxation, extortion, kidnapping for ransom, and robbery of economic assets. In some states, Second Advent chapters enjoy a federal income tax exemption on religious grounds. According to Zhupao, Second Advent has been known to salvage information technology (IT) equipment from G6 hubs prior to bombing them, selling the equipment on the illicit market or repurposing it as material support for the cult's cyberattacks.
Other sources of income include fundraising, donations by or through non-profit organisations, and political contributions. From 2036 to 2041, Second Advent received regular payouts from Coradial as part of a scheme that "allowed for Chinese corporations and government ministries to easily and discreetly invest millions into American political affairs." [15] [19]
John Patmos
Assassination of Xu Shaoyong and Yuri Golitsyn
Hallup, D. (September 2036). "Controversial minister Arnold Boxer loses 71 parishioners, including wife Betty, to brain-eating amoeba." San Antonio Express-News. ↩
Monkman, E. (February 2037). "Don't ask how QAnon came back. Ask why it never left." The Atlantic. ↩
Rose, S. (March 2037). "Bored with the slow-motion apocalypse of climate change, America's doomsday cults start picking deadly fights." The Daily Beast. ↩
Parnell, A. (October 2038). "Lack of accountability from police and lawmakers has 'emboldened' Second Advent." The Texas Tribune. ↩
Buff, B. (April 2039). "Second Advent is assembling a military flash mob of trained shock troops right under our noses." CNN. ↩
Hornbostel, A. (December 2039). "Colloids are not a vaccine for Cariappa-Muren disease, despite what anti-vax voices are shouting." Slate. ↩
Tartaglia, X. (January 2040). "Trumpism given boost by CMD pandemic and Second Advent." The Intercept. ↩
Vidmar, J. (August 2040). "Presidential campaigns suspended as violence across US deepens." CNN. ↩
Odoardi-Koop, L. (September 2040). "The fighting is over for now, but don't be fooled by Arnold Boxer's modest demand." Huffington Post. ↩
Ahmad, I. (October 2040). "Second Advent dominates San Antonio through terror, indoctrination, and the provision of services to those who obey." Al Jazeera. ↩
Zamperla-Smith, H. (February 2041). "'How Could This Happen', Asks Nation That Looked Away Last Time It Happened." The Onion. ↩
Gunarathna, A. (February 2040). "With the US fighting battles on so many fronts, one of them had to give." The Guardian. ↩
Archbutt, F. (February 2041). "Losing Texas may be the best thing for America. Really." Washington Post. ↩
McCausland, M. (April 2041). "US in talks with Second Advent to ensure nation-wide energy resilience." The Economist. ↩ ↩
Folco, V. (December 2041). "Financial firm Coradial uncovered as foreign interest 'muddle fund' to support American anti-government groups." Politico. ↩ ↩
Walczak-Lewis, D. (October 2049). "President Pollard issues state of emergency in response to Second Advent violence across US." MSNBC. ↩
Tychon. (April 2047). "How Second Advent hides and survives in the unliveable areas of the American South." Vessel. ↩
Barreiro, D. (September 2044). "UN officially charges Second Advent with crime of ecocide over continued oil production in Texas." El País. ↩
Bleetman, A. (March 2042). "American politics: a plaything for foreign elites." Bloomberg. ↩ |
Themes in PowerPoint 2010. As we know visual impact much more effective than any other mode of presentation. Hence theme simplify the process of creating professional designer-looking presentations.... This easy to follow book helps employees, students, teachers and parents wanting their children to get a head start in their use of Presentation software.
Once the picture is inserted in the Presentation then click the Compress Pictures option under Format > Picture Tools. Now be sure to check the Delete cropped areas of pictures option to reduce the overall size of the presentation.
Microsoft PowerPoint 2010 is recognized globally for creating multimedia presentations, not only for professionals but also for ordinary users such as students.
PowerPoint 2010. Find relevant articles on how to use PowerPoint 2010 and learn PowerPoint 2010 tips and tricks to improve your presentations. This tag includes topics like working with MS PowerPoint 2010 to make presentations and how-to guides.
Notes can be added to your Microsoft PowerPoint presentation as an invaluable aid to jog your memory while you are delivering the presentation. They are a good way to keep you focused on the material at hand and stop you straying too far off topic. An added bonus is that you can use those notes to create handouts for your audience. |
Die Missa brevis super Christ lag in Todes Banden ist eine Komposition von Georg Philipp Telemann (TWV 9:3). Die nur aus Kyrie und Gloria bestehende Missa brevis verwendet alle Melodiezeilen von Martin Luthers Osterlied Christ lag in Todes Banden als Themen.
Überlieferung
Von Telemann sind elf Kurzmessen auf der Basis lutherischer Kirchenmelodien überliefert, geschaffen nach Vorbildern mitteldeutscher Komponisten der vorigen und vorvorigen Generation. Das einzige im Autograph erhaltene Werk aus diesem Zyklus, die Missa über Allein Gott in der Höh sei Ehr (TWV 9:2), trägt die Jahreszahl 1720. Telemann war von 1712 bis 1721 Musikdirektor in Frankfurt am Main; auch die Missa über Christ lag in Todes Banden wird in diese Zeit datiert. Von ihr existiert nur eine Partiturabschrift in der Bibliothek des Königlichen Konservatoriums Brüssel, versehen mit der liturgischen Bestimmung In Festo Pasch[atos] – "Zum Osterfest".
Den Erstdruck besorgte Klaus Hofmann 2011.
Musik
Das etwa acht Minuten dauernde Werk in a-Moll ist im Stile antico gehalten und besteht fast ausschließlich aus Fugen, deren Hauptthemen dem dorischen Osterlied entnommen sind. Längere homophone Passagen finden sich zwischen Gratias und Quoniam. Die Besetzung ist vierstimmiger Chor mit Instrumenten colla parte. Die Worte Gloria in excelsis Deo sind nicht mitkomponiert; sie wurden vom Liturgen, heute meist von einem Chorsolisten, gregorianisch angestimmt.
Die Themen sind
Kyrie eleison – Christ lag in Todes Banden
Christe eleison – für unser Sünd gegeben
Kyrie eleison – Der ist wieder erstanden
+ Christe eleison – und hat uns bracht das Leben
Et in terra pax – Des wir sollen fröhlich sein
Gratias agimus tibi – Gott loben und dankbar sein
Quoniam tu solus sanctus – und singen: Halleluja
Cum Sancto Spiritu in gloria Dei Patris – Halleluja
Amen – Halleluja
Ausgaben
Klaus Hofmann (Hrsg.): Georg Philipp Telemann: Missa brevis zum Osterfest über "Christ lag in Todes Banden". Carus, Stuttgart 2011, .
Jörg Jacobi (Hrsg.): Georg Philipp Telemann: Missa in Festo Paschalis super Cantilenam Christ lag in Todes=Banden. Edition Baroque, Bremen 2016, .
Literatur
Klaus Hofmann: Vorwort zur Erstausgabe bei Carus, Stuttgart 2011 (online)
Jörg Jacobi: Vorwort zur Ausgabe der Edition Baroque, Bremen 2016
Werner Menke: Thematisches Verzeichnis der Vokalwerke von Georg Philipp Telemann. Band 2. Vittorio Klostermann, Frankfurt 1983, ISBN 3-465-01583-5, S. 38.
Weblinks
Aufnahme mit mitlaufender Partitur bei YouTube
Einzelnachweise
Werk von Georg Philipp Telemann
Messe (Musik)
Musik (Ostern)
Kirchenmusik (protestantisch) |
If you're in the business of repairing vehicles after an accident, you're either in, or soon will be in, the vehicle diagnostics business.
The proliferation of electronic components and data buses is forcing the collision industry to join the scan tool revolution. Approximately 67 percent of collision shops already own a scan tool.
Just 10 years ago, the average vehicle had one to three electronic control modules. By contrast, the 2008 F-150 Ford pickup has 20 control modules, 50 sensors and 40 actuators running on three data networks. Some luxury vehicles have more than 70 electronic modules on-board!
Until now, collision repair shops have had two options to deal with complex vehicle electronics: outsource or invest. Outsourcing or subletting requires no investment in tools or training, and costs can generally be invoiced. However, costs can only be invoiced at face value, without any up-charge. With in-house diagnostics, you can charge for your time and increase your profit opportunities.
Towing fees and increased rental car charges – insurers don't want to pay more.
More time – customers want their cars back quickly.
Supplements – because diagnostic-related repairs aren't visible at the estimating stage, supplemental approvals for work and parts beyond the original estimate may be necessary – which means more time.
Sooner or later, you're going to have to acquire the tools, training and information to deal with complex diagnostic problems.
You'll need a diagnostic tool that can read and clear diagnostic trouble codes (DTCs) on OBD II-equipped vehicles (1996 and newer). These tools range in price and functionality, with the most basic only helping to diagnose emissions-related issues.
If you're repairing a lot of TPMS (tire pressure monitoring systems), restraint and other systems, you'll need a scan tool with more features. Some tools may even offer "troubleshooting tips," but these tips typically don't address the types of repairs a collision shop sees. Therefore, you'll need to supplement your diagnostic tool with access to OE information. Once a code has been identified, you need the proper repair procedures, including factory technical service bulletins (TSBs). TSBs can save a lot of time and frustration if a component or procedure has been updated since the original information was published. |
They definitely make one of the most adorable Yorkie puppy and owner couples you've ever seen, don't they? Well, they sure share some beauty and style secrets that help them look equally gorgeous and chic all the time: their weekly beauty rituals and fashion makeovers! They're about to enjoy one of them right now, so what would you say about being both the cute pooch's groomer and fur stylist and his dashing owner's fashion and beauty consultant as well? |
What if by reimagining school health, we could harness the power of schools to reduce health and educational disparities at the same time?
In the Spring of 2015, Freddie Gray's death in police custody prompted an uprising in Southwest Baltimore that directly impacted the neighborhoods where students at KIPP Baltimore school, the site of this project, and their families live. When school opened after the uprising, teachers remarked that many students seemed relatively unfazed by the chaos that had erupted around them. The challenges that children in Baltimore had faced for generations were laid bare in the national media, but it was business as usual, even for the youngest children. Our team has worked at Johns Hopkins' Harriet Lane Clinic for years providing culturally-competent, community-linked child and family services to highly-vulnerable families in Baltimore. Nonetheless, the uprising underscored that to address the root causes of intergenerational transmission of disadvantage and poor health, we need to leave the clinic and go where kids and families spend their time: schools. Equally importantly, we need partner with schools, not simply co-locate clinical services in schools, to provide what it takes to be healthy and ready to learn. Beyond meeting every student's basic healthcare needs, we need to link students with mental health services and scaffold the skills that facilitate both health and academic achievement across the life span. This happens in classrooms, playgrounds and hallways, as well as in clinical settings.
Children growing up in poverty are, overall, less healthy than their more advantaged peers. This is due to their greater exposure to a variety of health risks (e.g., limited primary care, poor nutrition, lack of physical activity, trauma, family instability). Poor physical and mental health in childhood negatively impacts attention, learning, persistence, and school engagement, as well as future educational achievement and attainment. Given the interdependent relationship between health and educational outcomes, promoting a healthy foundation for poor children is key to closing the achievement gap. To date, however, health and educational interventions have been implemented separately, limiting their overall impact on child health outcomes.
Children growing up in poverty are, overall, less healthy than their more advantaged peers. This is due to their greater exposure to a variety of health risks (e.g., limited primary care, poor nutrition, lack of physical activity, trauma, family instability). Poor physical and mental health in childhood negatively impacts attention, learning, and school engagement, as well as future educational achievement and attainment. Given the interdependent relationship between health and educational outcomes, promoting a healthy foundation for socioeconomically disadvantaged children is key to closing the achievement gap. To date, however, health and educational interventions have been implemented separately, limiting their overall impact.
Schools provide a natural setting in which to address children's health and psychosocial needs. Though many school-based health clinics exist, their services are typically limited in scope, restricted to a subset of students, and not integrated with educational activities. Given the acute and complex needs of children in poverty, a new approach to school health is needed. This approach must: 1) provide comprehensive pediatric care tailored to the needs of children in poverty; 2) promote the foundations of wellbeing for all students (healthy behaviors, socio-emotional skills development, stress management) as part of the school day; and 3) promote a positive school climate. By working in partnership, health and educational stakeholders can address the shared determinants of health and educational disparities that limit opportunities for students to achieve their full potential.
In August 2015, with a gift from philanthropy, Johns Hopkins University, under contract with the Baltimore City Health Department, partnered with KIPP Baltimore school to launch the Rales Health Center (RHC). KIPP Baltimore is a Baltimore City Public charter school whose student body (n=1,500 students) is 99% African American and 88% free-lunch eligible. RHC is staffed by a pediatrician, nurse practitioner, two school nurses, a medical assistant, a school wellness coordinator, and a family advocate. A mental health team is also on site. RHC provides school health services (i.e., school nursing) to all students in the school, as well as pediatric care including acute care, chronic disease management, and preventive health services for health center enrollees. Schoolwide efforts include screening, and health campaigns for all students. In addition, RHC staff explicitly work in partnership with school leadership and staff to identify and address student psychosocial needs that impact education, e.g., promoting attendance, attending individualized education plan meetings and parent-teacher conferences, and screening students with disciplinary problems for unmet psychosocial, mental health or other medical needs.
In the fully integrated RHC model, clinicians are focused on wellness and prevention, rather than simply health care and treatment of disease. Further, RHC engages with students and families where they already spend time and makes addressing wellness a natural part of the fabric of families' lives. The expectation that wellness is both attainable and accessible, is critical to building student, family, and community well being.
Last year, "Janae", a student with asthma was absent 23 days. She was sent home from school repeatedly by the school nurse, and her mother struggled to pick her up while keeping her job. This year, when the Rales Health Center (RHC) opened, they determined that she had not been taking her asthma medication because it was challenging to get to the pharmacy. The RHC team now has her asthma medication delivered to school and she takes it with a nurse every day. Her symptoms are under control so she is participating in an after-school kickball program and a healthy cooking class. She is learning mindfulness based stress reduction and socio-emotional skills in her classroom. She has missed only 2 days of school.
This year, Rales Health Center (RHC) at KIPP Baltimore had more than 16,800 visits to the school nurse, and more than 1000 visits to the pediatrician or nurse practitioner. RHC avoided more than 60 emergency department visits through services including prescription delivery to school, treatment by a doctor in school, and more than 4200 visits for daily medication administration and chronic disease management (e.g, asthma, diabetes, ADHD). More than 100 students were found to have vision problems and received glasses to facilitate school success and engagement. A variety of wellness programs including student mindfulness, conflict resolution and life skills, reproductive health education, oral health screening, before and after school physical activity programs, as well as parent and teacher-focused wellness programs (yoga, cooking, fitness contests) helped us to reach every student.
This project is currently supported by philanthropy. Health care reform provides a window of opportunity for program sustainability. The Affordable Care Act provides support for establishing new primary care access points. Further, providers and insurers are compensated (or penalized) based on their ability to meet population health and quality of care benchmarks, suggesting that insurers are a key potential future source of funding.
This program is arguably the most comprehensive school health model in the country. While many excellent school based health centers exist, and there are outstanding models for wellness programs in the community (some of whom we partner with in this endeavor), the unique value proposition for this project is integrating both direct provision of health care and preventive services, along with weaving health into children's everyday lives at school. This is designed to promote the health and achievement of the whole school, including staff, not just the students who seek health care.
Alignment of healthcare, public health, and educational sectors requires common priorities, cost-sharing, and a systematic approach to data sharing. To date, data sharing has been limited by historical separation between health and educational stakeholders and by privacy laws. Linked health and educational data systems and a consistent approach to addressing privacy laws (HIPAA/FERPA) to support communication are needed to fully realize the power of schools in promoting student health and well being.
The main beneficiary community is students, parents, staff and community members at KIPP Baltimore, a public charter school in over Baltimore City. We provide health services, and we partner with the school to support wellness programs that are designed to reach the whole community (e.g., a FunRun, cooking classes, stress reduction classes). These activities take place daily throughout the school year. A parent advisory committee guides programming, identifies priorities, and provides feedback. A school wellness committee includes, including staff, parents, students and wellness experts.
We engaged in a community needs assessment before launching the Rales Health Center, soliciting the input of families, school staff, and community members. We have an active parent advisory group, led by a team member with expertise in community organizing. The parent advisory group explicitly focuses on building parents' voice in programming and leadership skills for change making and as a vehicle for promoting equity and inclusion.
The goal of this project is to provide proof of concept for scaling of the model to other urban settings and school districts. Johns Hopkins University researchers will carefully evaluate the impact and cost-effectiveness of this program for the healthcare and educational systems and for society. This kind of evaluation data, which is critical to justifying further integration between healthcare and educational sectors, is currently lacking.
This program is focused on helping children get the tools they need to thrive- good health, strong socioemotional skills, supportive and nurturing learning environments, and tools to help them deal with the adversity and challenge that they face. Activities such as mindfulness based stress reduction, socio-emotional skills development, and promotion of positive school climate help to create conditions of safety, belonging, and well-being.
Co-Directors of the Rales Center, Drs. Tina Cheng and Sara Johnson have been working to reduce health and educational disparities in Baltimore City for many years. Our clinic, the Johns Hopkins Harriet Lane Clinic is a national model for addressing the social determinants of health. Nonetheless, many of our patients were not making it to the clinic, so we needed to go where kids and families spend time: school. Child health and educational outcomes are interdependent, and we came to realize we should address the shared determinants of health and educational disparities in an integrated way.
Thanks for sharing the story. Being a leader of the research group (Basic Education in Richmond and https://hireessaywriter.org Basic Education Tips), I know myself that exceptional leaders are invariably down to earth and humble people. They do not fish for compliments or endeavor to be in the spotlight. Quite the contrary. It is for others to highlight their achievements and glorify them. As part of their position and due to their knowledge and skills, they are expected to be the spokesperson for the organization. Eventually, leaders are only concerned about results and the best possible manner to achieve them.
Excellent job Sara! I am rooting for you and the entire Rales Center team!!
hi Sara - I enjoyed learning more about your work likely a direct result of Awesome partners in your network. Congrats on your early successes! |
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Proposed EU Directive on Shell Entities – The Impact on International Business
On 22 December 2021, the European Commission (the "Commission") published a proposed directive with the stated intention being to prevent the misuse of so-called 'shell' entities for tax purposes, described as the "Unshell Directive".
The new proposals are aimed at entities that do not maintain sufficient substance within the EU. Entities that do not satisfy these substance requirements are subject to additional reporting requirements. They will be unable to access the benefits of double tax treaties and EU tax directives. Significantly, other EU Member States, such as those paying to the entity, or those in whom shareholders are resident, will be entitled to impose tax on the income of the entity.
Implementation and Timelines
Currently, these changes are set out in a proposal by the Commission for a directive. The legal basis for the Unshell Directive is stated to be Article 115 of the Treaty on the Functioning of the European Union ("Article 115"). Article 115 provides for the Council of the EU, acting unanimously and after consulting the European Parliament and the Economic and Social Committee, to issue final directive proposals.
There is no certainty that the Unshell Directive will be adopted, either in its current or any form. If it is adopted, the rules may differ substantially from those originally published.
If unanimous approval of the Council is achieved, the Unshell Directive would then be published in the Official Journal of the EU.
In terms of timing, the Commission proposal is that Member States should implement the final Unshell Directive by 30 June 2023, with the provisions to apply across the EU from 1 January 2024.
Excluded Entities
Certain entities are excluded from the new rules. Excluded entities include:
Companies having a transferable security admitted to trading or listed on a regulated market or multilateral trading facility. At present, the rules indicate that only EU markets are relevant for this exemption.
Alternative investment funds (AIFs) managed by an AIFM, credit institutions, UCITS funds, insurance and pension undertakings.
Holding entities that are situated in the same jurisdiction as their beneficial owners and their operational subsidiaries, and certain defined consolidated holding undertakings which are situated in the same jurisdiction as their shareholder or ultimate parent entity.
Undertakings with at least five own full-time equivalent employees or members of staff exclusively carrying out the activities generating the relevant income.
Entities that qualify as securitisation special purpose entities.
These exclusions should mean that many mainstream EU securitisation companies and funds should be exempt.
Entities Within Scope
An entity will be within the scope if it satisfies each of three 'gateway' tests. Those tests ask whether:
The entity derives more than 75% of its income from sources defined as 'relevant income'. Relevant income includes 'passive' type income such as dividends and interest, although it is important to note that may be received as part of an active or trading business. The definition also includes royalties and other income generated from intellectual or intangible property as well as income from insurance, banking and other financial activities and financial assets.
The entity is engaged in cross-border activity such that more than 60% of its assets or 60% of its income is earned or paid out of cross-border transactions.
In the preceding two years, the entity has outsourced the administration of its day-to-day operations and decision-making on significant functions.
The governance of an entity and its decision making processes will be important to the third gateway test. The test applies for the preceding two years. As the Unshell Directive is due to come into force in 2024, measures taken in 2022 and 2023 could be examined as part of this test. As noted below, if an entity meets all three gateway tests, it will then be in scope of the Directive with a minimum of onerous reporting requirements, so a careful analysis will be needed at this stage.
Reporting Requirements for Entities Within Scope
Once an entity meets all three gateway tests, it becomes subject to a reporting obligation which will add to its compliance burden. The entity is required to report in its tax return to its Member State of residence on certain "substance" characteristics. The entity must show that it has the following substance requirements:
its own premises, or premises for its exclusive use, in the Member State;
at least one own and active bank account in the EU; and
at least: (i) one director with the appropriate qualifications and decision making authority who is not an employee of an unaffiliated entity and does not act as a director of an unaffiliated entity and who is resident in or near the Member State of residence of the entity and / or (ii) the majority of employees of the entity are resident in or near the Member State of residence of the entity.
An entity that passes the gateway tests and cannot demonstrate the substance characteristics set out above, will be considered a shell entity for the purposes of the new rules.
Options for Rebuttal of Presumption that an Entity is a Shell
The European Commission states that it recognises that the 'substance test' is based on indicators and as such may fail to capture the specific facts and circumstances of each individual case. For that reason, the Unshell Directive allows entities to rebut the presumption that they are shell entities in one of two ways, either by proving that (i) the entity has substance or (ii) it is not misused for tax purposes. This latter provision envisages that a comparative analysis be provided to the tax authority to show that the interposition of the entity does not lead to a tax benefit for its beneficial owners, by comparing the amount of overall tax due by the beneficial owners without the interposition of the entity to what would be due with that entity in place.
Where an entity can prove that it is not used to obtain a tax advantage, a Member State can exempt it from any negative tax implications that would otherwise apply by virtue of it having no minimal substance. Both of the rebuttal exceptions can be applied by a Member State for a period of five years.
Tax Consequences of Being a Shell
Once an undertaking is presumed to be a shell for the purposes of the Unshell Directive, and does not rebut such presumption, certain tax consequences will apply.
The Member State of residence of the entity should refuse to issue a tax residence certificate for that entity or should incorporate a warning statement on any certificate of tax residence issued.
Other Member States shall disallow or disregard any double taxation agreements with the Member State of residence, and under certain EU directives, such as the EU Interest and Royalty Directive and the EU Parent Subsidiary Directive.
The EU Member State of the shell entity's shareholders will be entitled to tax the relevant income of the shell entity while taking a deduction for any tax paid by the shell entity.
Where a shell entity's shareholders are not in the EU, any EU jurisdiction making payments to the shell entity shall be entitled to apply to withholding tax on payments to the shell entity.
Exchange of Information and Cross-Border Audit
The Unshell Directive provides for the automatic exchange of information between Member States of all entities in scope of the Unshell Directive, regardless of whether these are shell entities or not. This would be done through an amended version of the EU DAC6 Directive. It also allows a Member State to request the performance of a tax audit with respect to a broader group of undertakings that are treated as being at risk (but are not necessarily deficient in substance for the purposes of this Unshell Directive).
Importantly, the proposal also provides that if one Member State has reason to believe that an undertaking that is tax resident in another Member State has not met its obligations under the Unshell Directive, the former Member State may request the other Member State to conduct a tax audit of that entity and communicate the outcome to the former Member State in a reasonable time frame.
The penalties applicable for violation of the reporting obligations contained in the proposals are broadly left to the discretion of Member States. However, the proposals provide for a minimum administrative pecuniary sanction of at least 5% of the undertaking's turnover.
Maples Group Commentary
The Unshell Directive develops on a number of trends which are already seen in EU and international tax policy. The focus on 'substance' reflects OECD commentary on double tax treaty access, such as the principal purpose test (or PPT) and recent court cases on intermediate holding companies, including at the European Court of Justice. The increased reporting requirements reflect measures such as the EU DAC6 measures that focus on cross-border structures. There does appear to be a level of duplication and supplementation of existing provisions.
Businesses and EU Member States are expected to raise a number of concerns on the current proposals and their operation, including the impact on double tax treaties, the very broad definition of relevant income and the increased administrative burden that will apply to both taxpayers and tax authorities.
Many international businesses have, for some time now, been building their operational substance in jurisdictions in the EU through the creation of local investment management functions, boards and employees, and this will no doubt continue.
The Maples Group's Tax team will continue to monitor the progress of the proposals, consider its potential impact and update our clients on any developments. We will also be consulting with tax authorities, industry groups and government departments in relation to the proposals. We shall also be discussing the recently released EU proposal on a global minimum rate of taxation for multinationals in a future update.
If you have any questions on the draft proposals, please reach out to your usual Maples Group Tax contact in Ireland or Luxembourg or contact any of the individuals below.
Our market leading Tax team is at the forefront of innovation in developing new structures and strategies for international and Irish clients on cross-border tax matters.
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Chapter 05. Jurisdiction.
Sec. 12.05.010. Crime commenced outside state but consummated inside.
When the commission of a crime commenced outside the state is consummated inside the state, the defendant is liable to punishment in this state even though out of the state at the time of the commission of the crime charged, if the defendant consummated the crime through the intervention of an innocent or guilty agent, or by other means proceeding directly from the defendant.
Sec. 12.05.020. Offenses committed on aircraft or ferries and other watercraft owned or operated by the state.
A person may be prosecuted under the laws of this state for an offense committed on or against an aircraft owned or operated by the state or a ferry or other watercraft owned or operated by the state, even if the aircraft, ferry, or watercraft is in airspace or water outside the state when the offense is alleged to have occurred. This jurisdiction is in addition to that provided by AS 44.03 and any other jurisdictional basis expressed or implied in law.
Sec. 12.05.030. Crimes involving minors committed outside state.
In addition to any other jurisdictional basis expressed or implied in law, a person may be prosecuted under the laws of this state for conduct occurring outside the state for a violation of
(1) AS 11.41.452 if the other person with whom the defendant communicated was in the state; or
(2) AS 11.61.116 if the minor whose image is published or distributed was in the state.
Chapter 10. Limitations of Actions.
Sec. 12.10.010. General time limitations.
(a) Prosecution for the following offenses may be commenced at any time:
(1) murder;
(2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder;
(3) felony sexual abuse of a minor;
(4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425(a)(2) — (4);
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 — 11.41.458, AS 11.66.110 — 11.66.130, or former AS 11.41.430, when committed against a person who, at the time of the offense, was under 18 years of age;
(6) kidnapping;
(7) distribution of child pornography in violation of AS 11.61.125;
(8) sex trafficking in violation of AS 11.66.110 — 11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age;
(9) human trafficking in violation of AS 11.41.360 or 11.41.365.
(b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than
(1) 10 years after the commission of a felony offense in violation of AS 11.41.120 — 11.41.330, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 — 11.41.458; or
(2) five years after the commission of any other offense.
Sec. 12.10.020. Specific time limitation.
(a) Even if the general time limitation has expired, a prosecution for any offense that includes a material element of fraud or breach of fiduciary obligation may be commenced within one year after the discovery of the offense by an aggrieved party or by a person who has legal capacity to represent an aggrieved party or a legal duty to report the offense and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) Even if the general time limitation has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a duty to report such offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
Sec. 12.10.030. When period of limitation runs.
(a) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(b) A prosecution is commenced either when an indictment is found or when a warrant is issued, provided that such warrant is executed without unreasonable delay.
Sec. 12.10.040. When period of limitation does not run.
(a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.
Chapter 15. Parties.
[Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.16.]
Chapter 20. Bars to Actions.
Sec. 12.20.010. Conviction or acquittal elsewhere as bar. [Repealed, § 40 ch 75 SLA 2008.]
Sec. 12.20.020. When acquittal or dismissal is not a bar.
If the defendant is acquitted on the ground of a variance between the charge and the proof, or the charge is dismissed upon an objection to its form or substance, or discharged for want of prosecution, without a judgment of acquittal or in bar of another prosecution, it is not an acquittal of the crime and does not bar a subsequent prosecution for the same crime.
Sec. 12.20.030. When acquittal is a bar.
When the defendant is acquitted on the merits, the defendant is acquitted of the same crime, notwithstanding any defect in form or substance in the charge, information, or complaint on which the trial was had.
Sec. 12.20.040. When conviction or acquittal is a bar to other offenses.
When the defendant is convicted or acquitted of a crime consisting of different degrees, the conviction or acquittal is a bar to another prosecution for the crime charged in the former or for any inferior degree of that crime, or for an attempt to commit that crime, or for an offense necessarily included in the crime of which the defendant might have been convicted under the information, indictment, or complaint.
Sec. 12.20.050. Dismissal as bar.
(a) It is a bar to another prosecution for the same crime if the crime is a misdemeanor, but it is not a bar if the crime charged is a felony when a person is
(1) held to answer to the grand jury and the court dismisses the charge before the case is presented to the grand jury upon the motion of the prosecuting attorney;
(2) held to answer to the grand jury and the court dismisses the charge because the indictment is not found against the person at the next session of the grand jury; or
(3) indicted for a crime and the indictment is dismissed because the trial is not held within a reasonable period of time, there is not good cause shown for the delay, and the delay was not upon the application of the defendant or with the defendant's consent.
(b) Unless the court directs a judgment of acquittal to be entered, it is not a bar to another action for the same crime if the court orders an indictment to be discharged because the prosecuting attorney is not prepared to go to trial when the indictment is called for trial and does not show sufficient cause for postponing the trial.
Sec. 12.20.060. Discharge of codefendant as bar.
It is an acquittal of the defendant discharged and a bar to another prosecution for the same crime when two or more persons are charged in the same indictment, and the court dismisses the indictment against a defendant
(1) before that defendant has begun to present a defense and on the application of the prosecuting attorney so that the defendant may be a witness for the state; or
(2) before the evidence is closed and on the application of another defendant on trial so that the discharged defendant may be a witness for a codefendant, and when, in the opinion of the court, there is not sufficient evidence to require the discharged defendant to present a defense.
Chapter 25. Arrests and Citations.
Article 1. Arrests.
Sec. 12.25.010. Persons authorized to arrest.
An arrest may be made by a peace officer or by a private person.
Sec. 12.25.020. Judge or magistrate may order arrest.
When a crime is committed in the presence of a judge or magistrate, the judge or magistrate may, by an oral or written order, command any person to arrest the offender, and may immediately proceed as though the offender had been brought before the court on a warrant of arrest.
Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant.
(a) A private person or a peace officer without a warrant may arrest a person
(1) for a crime committed or attempted in the presence of the person making the arrest;
(2) when the person has committed a felony, although not in the presence of the person making the arrest;
(3) when a felony has in fact been committed, and the person making the arrest has reasonable cause for believing the person to have committed it.
(b) In addition to the authority granted by (a) of this section, a peace officer
(1) shall make an arrest under the circumstances described in AS 18.65.530;
(2) without a warrant may arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer,
(A) committed a crime involving domestic violence, whether the crime is a felony or a misdemeanor; in this subparagraph, "crime involving domestic violence" has the meaning given in AS 18.66.990;
(B) committed the crime of violating a protective order in violation of AS 11.56.740; or
(C) violated a condition of release imposed under AS 12.30.016(e) or 12.30.027;
(3) without a warrant may arrest a person when the peace officer has probable cause for believing that the person has
(A) committed a crime under or violated conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS 11.41.270;
(B) violated AS 04.16.050 or an ordinance with similar elements; however, unless there is a lawful reason for further detention, a person who is under 18 years of age and who has been arrested for violating AS 04.16.050 or an ordinance with similar elements shall be cited for the offense and released to the person's parent, guardian, or legal custodian; or
(C) violated conditions imposed as part of the person's release under the provisions of AS 12.30.
Sec. 12.25.033. Arrest without warrant for operating vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.
A peace officer may arrest a person without a warrant, whether or not the offense is committed in the presence of the officer, when the officer has probable cause to believe that the person to be arrested has committed the crime of operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a similar city or borough ordinance, if the violation is alleged to have occurred less than eight hours before the time of arrest.
Sec. 12.25.035. Arrest without warrant by state trooper when judicial officer is unavailable.
A state trooper may arrest a person without a warrant for a misdemeanor or for the violation of an ordinance when
(1) the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance;
(2) personal or property damage is likely to be done unless the person is immediately arrested; and
(3) there is no known judicial officer empowered to issue a warrant within a radius of 25 miles of the person to be apprehended.
Sec. 12.25.040. Taking before judge or magistrate person arrested by bystander.
A peace officer may, without warrant, take before a judge or magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to the peace officer.
Sec. 12.25.050. Method of making arrest.
An arrest is made by the actual restraint of a person or by a person's submission to the custody of the person making the arrest.
Sec. 12.25.060. Method of arrest by officer without warrant.
When making an arrest without a warrant, the peace officer shall inform the person to be arrested of the officer's authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of a crime, or is pursued immediately after its commission or after an escape.
Sec. 12.25.070. Limitation on restraint in arrest.
A peace officer or private person may not subject a person arrested to greater restraint than is necessary and proper for the arrest and detention of the person.
Sec. 12.25.080. Means to effect resisted arrest. [Repealed, § 21 ch 59 SLA 1982. For present provisions, see AS 11.81.370 — 11.81.390.]
Sec. 12.25.090. Peace officer's authority to summon aid to make arrest.
A peace officer making an arrest may orally summon as many persons as the officer considers necessary to aid in making the arrest. A person when required by an officer shall aid in making the arrest.
Sec. 12.25.100. Breaking into building or vessel to effect arrest.
A peace officer may break into a building or vessel in which the person to be arrested is or is believed to be, if the officer is refused admittance after the officer has announced the authority and purpose of the entry.
Sec. 12.25.110. Breaking open building or vessel to liberate.
A peace officer may break open a building or vessel to liberate a person who entered to make an arrest and is detained, or to liberate oneself when necessary.
Sec. 12.25.120. Retaking escaped prisoner.
If a person arrested escapes or is rescued, the person from whose custody that person escaped or was rescued may immediately pursue and retake that person at any time and in any place in the state.
Sec. 12.25.130. Means usable to retake prisoner. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.370 — 11.81.390.]
Sec. 12.25.140. Property taken from defendant on arrest.
When money or other property is taken from a person arrested upon a charge of a crime, the officer taking it shall immediately make duplicate receipts for the property, specifying particularly the amount of money or kind of property taken. The officer shall deliver one receipt to the person arrested and the other to the judge or magistrate who examines the charge or, if the arrest is after the information or indictment, to the clerk of the court where the action is pending.
Sec. 12.25.150. Rights of prisoner after arrest.
(a) A person arrested shall be taken before a judge or magistrate without unnecessary delay and in any event within 24 hours after arrest, absent compelling circumstances, including Sundays and holidays. The unavailability of a report prepared by the pretrial services officer under AS 33.07 or a delay in the transmittal of that report to the parties or to the court may not be considered a sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. The hearing before the judge or magistrate may not take place more than 48 hours after arrest. This requirement applies to municipal police officers to the same extent as it does to state troopers.
(b) Immediately after an arrest, a prisoner shall have the right to telephone or otherwise communicate with the prisoner's attorney and any relative or friend, and any attorney at law entitled to practice in the courts of Alaska shall, at the request of the prisoner or any relative or friend of the prisoner, have the right to immediately visit the person arrested. This subsection does not provide a prisoner with the right to initiate communication or attempt to initiate communication under circumstances proscribed under AS 11.56.755.
(c) It shall be unlawful for an officer having custody of a person so arrested to wilfully refuse or neglect to grant the prisoner the rights provided by this section. A violation of this section is a misdemeanor, and, upon conviction, the offender is punishable by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both.
(d) In addition to the criminal liability in (c) of this section, an officer having a prisoner in custody who refuses to allow an attorney to visit the prisoner when proper application is made therefor shall forfeit and pay to the party aggrieved the sum of $500, recoverable in a court of competent jurisdiction.
Sec. 12.25.160. Definition of "arrest."
Arrest is the taking of a person into custody in order that the person may be held to answer for the commission of a crime.
Article 2. Citations.
Sec. 12.25.175. Uniform citation format and procedure.
(a) Notwithstanding any contrary provision of law, a citation issued by a peace officer or by another person who is authorized by law to issue a citation in the state must comply with standards concerning uniform citation format and procedure adopted by the Department of Public Safety. The standards must include
(1) a statewide numbering system for citations;
(2) a requirement that a citation be made upon oath or affirmation before a person authorized by law to administer oaths or affirmations or signed with a certification under penalty of perjury that the citation is true and was personally served on the person charged or served in a manner permitted under (d) of this section;
(3) a requirement that the citation contain information required by AS 12.25.200(b).
(b) The commissioner of public safety shall provide or prescribe citation forms for use by peace officers and other persons who are authorized by law to issue citations.
(c) The commissioner of public safety shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section.
(d) The standards adopted by the department under (a) of this section must allow for service of a citation by other than personal service when the citation is for commission of an infraction or a violation for an offense other than an offense under AS 04.16.050 or an offense involving a moving motor vehicle, the offense is punishable by a fine of $500 or less, and the peace officer or other person authorized by law to issue the citation
(1) leaves the citation in a conspicuous place on the vehicle or other personal or real property that was the subject of the infraction or violation; or
(2) serves the citation in a manner permitted for service of process under Rule 4, Alaska Rules of Civil Procedure.
Sec. 12.25.180. When peace officer may issue citation or take person before the court.
(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the peace officer reasonably believes the person is a danger to others;
(3) the crime for which the person is contacted is one involving violence or harm to another person or to property;
(4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or
(5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, "crime involving domestic violence" has the meaning given in AS 18.66.990.
(b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(2) the person refuses to accept service of the citation; or
(3) the peace officer has probable cause to believe the person has committed
(A) a violation of conditions of release under AS 11.56.757; or
(B) the offense of failure to appear under AS 11.56.730.
(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
Sec. 12.25.190. When person to be given five-day notice to appear in court.
(a) When a person is contacted by a peace officer and the peace officer exercises one of the options provided for in AS 12.25.180, the officer shall prepare a written citation and issue it to the person.
(b) The time specified in the notice to appear shall be at least two working days after the issuance of the citation under AS 12.25.180(a).
(c) The person cited shall accept at least one copy of the written citation prepared by the peace officer.
(d) The time specified in the notice to appear shall be at least five working days after issuance of the citation under AS 12.25.180(b).
Sec. 12.25.195. Disposition of scheduled offenses.
(a) If a person cited for an offense for which a scheduled amount of bail or a fine has been established does not contest the citation, the person may mail or personally deliver to the clerk of the court with appropriate jurisdiction if a bailable offense, or to the clerk of the municipality that issued the citation if a scheduled municipal fine, the amount of the bail or fine indicated on the citation for the offense together with a copy of the citation signed by the person indicating the person's waiver of court appearance, entry of plea of no contest, and forfeiture of bail or fine. The citation with the bail or fine shall be mailed or personally delivered on or before the 30th day after the date the citation was issued.
(b) When bail or a fine is forfeited under this section, a judgment of conviction shall be entered. The bail or fine paid is complete satisfaction for the offense.
(c) Disposition of an offense under (a) of this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled bail or fine amount. The surcharge required to be paid under this subsection shall be deposited into the general fund and accounted for under AS 37.05.142.
Sec. 12.25.200. Form for citations.
(a) The chief administrative officer of each law enforcement agency or other agency authorized to issue citations in the state is responsible for the issuance of books containing appropriate citations, and shall maintain a record of each book and each citation contained in it and shall require and retain a receipt for every book issued to a peace officer or other person authorized to issue citations.
(b) A citation issued under AS 12.25.180 or other law authorizing the issuance of a citation must be in writing and indicate, if applicable,
(1) the amount of bail or fine and the surcharge applicable to the offense;
(2) the procedure a person must follow in responding to the citation;
(3) that, if the person fails to pay the bail or fine, the person must appear in court;
(4) that failure to pay the bail or fine or appear in court for an offense involving a moving motor vehicle may result in
(A) suspension of the person's driver's license, privilege to drive, or privilege to obtain a license; or
(B) attachment of the person's permanent fund dividend to pay the fine plus court and collection costs under AS 28.05.155; and
(5) that the person has a right to
(A) a trial;
(B) engage counsel;
(C) confront and question witnesses;
(D) testify;
(E) subpoena witnesses on the person's behalf.
Sec. 12.25.210. Disposition and records of citations.
(a) A peace officer or other person authorized by law to issue a citation, upon issuing a citation to an alleged violator under AS 12.25.180 or other law, on or before the 10th working day after issuance, shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. If the citation charges an offense under a municipal ordinance for which a scheduled fine has been established, the peace officer shall deposit the original or a copy of the citation with the clerk of the municipality that issued the citation, unless otherwise provided under rule adopted by the supreme court. Failure to file the citation within the prescribed time is not a basis for dismissal of the citation.
(b) Upon the deposit of the original or a copy of the citation with a court having jurisdiction over the alleged offense, the original or copy of the citation may be disposed of only by trial in the court or other official action by a magistrate or judge of the court.
(c) It is unlawful and official misconduct for a peace officer or other officer or public employee to dispose of a citation or copies of it or of the record of the issuance of the citation in a manner other than as required in this section.
(d) The chief administrative officer of each law enforcement or other agency shall require each officer or other person in the agency to retain a copy of every citation issued by the officer or other person to an alleged violator of a law or ordinance and all copies of every citation that has been spoiled or upon which any entry has been made and not issued to an alleged violator.
(e) The chief administrative officer of each law enforcement or other agency shall also maintain, in connection with every citation issued by an officer or other person in the agency, a record of the disposition of the charge by the court in which the original or copy of the citation was deposited.
Sec. 12.25.220. When copy of citation considered a lawful complaint.
If the form of citation provided under AS 12.25.200 includes information and is sworn to as required under the laws of this state in respect to a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the purpose of prosecution.
Sec. 12.25.230. Failure to obey citation; limitation on penalty.
(a) Except as provided in (b) of this section or otherwise specifically provided by law, a person who fails to appear in court to answer the citation, regardless of the disposition of the charge for which the citation was issued, is guilty of a class A misdemeanor.
(b) A person who fails to pay the bail or fine or appear in court in response to a citation for which a scheduled bail or fine is established, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.
(c) If a person cited for an offense for which an amount of scheduled bail or fine has been established appears in court and is found guilty, the penalty imposed for the offense may not exceed the bail or fine established for the offense.
Chapter 30. Bail.
Sec. 12.30.006. Release procedures.
(a) At the first appearance before a judicial officer, a person charged with an offense shall be released or detained under the provisions of this chapter.
(b) At the first appearance before a judicial officer, a person may be detained up to 48 hours for the prosecuting authority to demonstrate that release of the person under AS 12.30.011 would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community, if the person has been charged with the following crimes:
(1) an unclassified, class A, or class B felony;
(2) a class C felony
(A) under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032;
(B) that is a sex offense; in this subparagraph, "sex offense" has the meaning given in AS 12.63.100; or
(C) that is a crime involving domestic violence; in this subparagraph, "crime involving domestic violence" has the meaning given in AS 18.66.990; or
(3) a class C felony, other than a class C felony listed in (2) of this subsection, and the person has been assessed as moderate to high risk under AS 12.30.011(c)(2).
(c) A person who remains in custody 48 hours after appearing before a judicial officer because of inability to meet the conditions of release shall, upon application, be entitled to have the conditions reviewed by the judicial officer who imposed them. If the judicial officer who imposed the conditions of release is not available, any judicial officer in the judicial district may review the conditions. Upon review of the conditions, the judicial officer shall revise any conditions of release that have prevented the defendant from being released unless the judicial officer finds on the record that there is clear and convincing evidence that less restrictive release conditions cannot reasonably ensure the
(1) appearance of the person in court; and
(2) safety of the victim, other persons, and the community.
(d) If a person remains in custody after review of conditions by a judicial officer under (c) of this section, the person may request a subsequent review of conditions. Unless the prosecuting authority stipulates otherwise or the person has been incarcerated for a period equal to the maximum sentence for the most serious charge for which the person is being held, a judicial officer may not schedule a bail review hearing under this subsection unless
(1) the person provides to the court and the prosecuting authority a written statement that new information not considered at the previous review will be presented at the hearing; the statement must include a description of the information and the reason the information was not presented at a previous hearing; in this paragraph, "new information" includes the person's inability to post the required bail;
(2) the prosecuting authority and any surety, if applicable, have at least 48 hours" written notice before the time set for the review requested under this subsection; the defendant shall notify the surety; and
(3) at least seven days have elapsed between the previous review and the time set for the requested review; however, a person may receive only one bail review hearing solely for inability to pay.
(e) A judicial officer may solicit comments by the victim or a parent or guardian of a minor victim who is present at the bail review hearing and wishes to comment. The judicial officer shall consider those comments and any response by the person before making a decision concerning the release of the person.
(f) The judicial officer shall issue written or oral findings that explain the reasons the officer imposed the particular conditions of release or modifications or additions to conditions previously imposed. The judicial officer shall inform the person that a law enforcement officer or a pretrial services officer under AS 33.07 may arrest the person without a warrant for violation of the court's order establishing conditions of release.
(g) Information offered or introduced at a bail hearing to determine conditions of release need not conform to the rules governing the admissibility of evidence.
Sec. 12.30.010. Bail before or after conviction; restrictions on release without bail. [Repealed, § 30 ch 19 SLA 2010.]
Sec. 12.30.011. Release before trial.
(a) A judicial officer may order that a person charged with an offense, in addition to other conditions imposed under this section, be released
(1) on the person's own recognizance;
(2) upon execution of an unsecured appearance bond; or
(3) upon execution of an unsecured performance bond.
(b) A person charged with a misdemeanor that does not include an offense under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense as defined in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990 and who is assessed by a pretrial services officer as
(1) low to moderate risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond; or
(2) high risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond unless the judicial officer finds on the record that there is clear and convincing evidence that no nonmonetary conditions of release in combination with the release of the person on the person's own recognizance or upon execution of an unsecured bond can reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community.
(c) A person charged with a class C felony that does not include an offense under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990 and who is assessed by a pretrial services officer as
(1) low risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond; or
(2) moderate to high risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond unless the judicial officer finds on the record that there is clear and convincing evidence that no nonmonetary conditions of release in combination with the release of the person on the person's own recognizance or upon execution of an unsecured bond can reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community.
(d) A person charged under AS 28.35.030 or 28.35.032 who is assessed by a pretrial services officer as low, moderate, or high risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond unless the judicial officer finds on the record that there is clear and convincing evidence that no nonmonetary conditions of release in combination with the release of the person on the person's own recognizance or upon execution of an unsecured bond can reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community.
(e) A person charged under AS 11.56.730 or 11.56.757 who is assessed by a pretrial services officer as
(1) low to moderate risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond unless the judicial officer finds on the record that there is clear and convincing evidence that no nonmonetary conditions of release in combination with the release of the person on the person's own recognizance or upon execution of an unsecured bond can reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community; or
(2) high risk may be required, singly or in combination, in addition to other conditions specified in this section, to deposit with the court and execute
(A) an appearance bond with a posting not to exceed 10 percent of the specified amount of the bond with the condition that the deposit be returned upon the appearance of the person at scheduled hearings;
(B) a bail bond with sufficient solvent sureties or the deposit of cash; or
(C) a performance bond with a full or partial posting of the specified amount of the bond with the condition that the deposit be returned upon the performance of the conditions of release set by the court.
(f) A person charged with an offense who is not otherwise required to be released under (b) — (e) of this section and who is assessed by a pretrial services officer as
(1) low risk shall be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond unless the judicial officer finds on the record that there is clear and convincing evidence that no nonmonetary conditions of release in combination with the release of the person on the person's own recognizance or upon execution of an unsecured bond can reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community; or
(2) moderate to high risk may be required, singly or in combination, in addition to other conditions specified in this section, to deposit with the court and execute
(g) A person released under this section shall be released on the condition that the person
(1) obey all court orders;
(2) obey all laws;
(3) make all court appearances;
(4) maintain contact with the person's pretrial services officer, if one is appointed by the court, and follow the pretrial services officer's instructions;
(5) maintain contact with the person's attorney;
(6) notify the person's attorney or, if the person is not represented by an attorney, the pretrial services officer or the court within 24 hours after a change in the person's residence.
(h) The judicial officer may, singly or in combination, order additional conditions if the condition or conditions are the least restrictive conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community. The judicial officer may
(1) place restrictions on the person's travel, association, or residence;
(2) order the person to refrain from possessing a deadly weapon on the person or in the person's vehicle or residence;
(3) require the person to maintain employment or, if unemployed, actively seek employment;
(4) require the person to notify the person's lawyer and the prosecuting authority within two business days after any change in employment;
(5) require the person to avoid all contact with a victim, a potential witness, or a codefendant;
(6) require the person to refrain from the consumption and possession of alcoholic beverages;
(7) require the person to refrain from the use of a controlled substance as defined in AS 11.71, unless prescribed by a licensed health care provider with prescriptive authority;
(8) require the person to be physically inside the person's residence, or in the residence of the person's third-party custodian, at times set by the court, subject to AS 12.30.021;
(9) require the person to keep regular contact with a pretrial services officer or law enforcement officer or agency;
(10) order the person to refrain from entering or remaining in premises licensed under AS 04;
(11) place the person in the custody of an individual who agrees to serve as a third-party custodian of the person as provided in AS 12.30.021;
(12) if the person is under the treatment of a licensed health care provider, order the person to follow the provider's treatment recommendations;
(13) order the person to take medication that has been prescribed for the person by a licensed health care provider with prescriptive authority;
(14) require the person to comply with a program established under AS 47.38.020 if the person has been charged with an alcohol-related or substance- abuse-related offense;
(15) order the person to comply with any other condition that is reasonably necessary to ensure the appearance of the person and to ensure the safety of the victim, other persons, and the community.
(i) In determining the conditions of release under this chapter, the court shall consider the following:
(1) the nature and circumstances of the offense charged;
(2) the weight of the evidence against the person;
(3) the nature and extent of the person's family ties and relationships;
(4) the person's employment status and history;
(5) the length and character of the person's past and present residence;
(6) the person's record of convictions;
(7) the person's record of appearance at court proceedings;
(8) assets available to the person to meet monetary conditions of release;
(9) the person's reputation, character, and mental condition;
(10) the effect of the offense on the victim, any threats made to the victim, and the danger that the person poses to the victim;
(11) the conditions of release recommended by the pretrial services officer;
(12) the person's pretrial risk assessment score; and
(13) any other facts that are relevant to the person's appearance or the person's danger to the victim, other persons, or the community.
(j) Except as otherwise provided in this chapter, the burden of proof is on the prosecuting authority that a person charged with an offense should be detained or released with conditions described in this section or AS 12.30.016. Any monetary or nonmonetary condition or conditions imposed by the court under this section shall be the least restrictive condition or conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community.
(k) If the report prepared by the pretrial services officer under AS 33.07 is not available at the time of the first appearance, bail review hearing, or bail hearing in connection with a petition to revoke probation, the court shall impose the least restrictive condition or conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community.
(l) If the supreme court establishes a schedule of bail amounts or conditions of release for misdemeanor offenses, the schedule must include a condition providing that a correctional facility shall, at the time of release, conduct a chemical test of the breath of a person who has been arrested and who is intoxicated and may detain the person until the test result indicates that the person's breath has less than 0.08 grams of alcohol for each 210 liters of breath or, with the consent of the person, release the person to another person who is willing and able to provide care for the person.
Sec. 12.30.016. Release before trial in certain cases.
(a) A judicial officer may impose, in addition to those required or authorized under AS 12.30.011, conditions of release for offenses described in this section, if necessary to reasonably assure the person's appearance or the safety of the victim, other persons, or the community.
(b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, AS 28.35.030, or 28.35.032, a judicial officer may order the person
(1) to refrain from
(A) consuming alcoholic beverages; or
(B) possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, alcoholic beverages;
(2) to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of alcoholic beverages by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the conditions of the person's release by possessing alcoholic beverages;
(3) to submit to a breath test when requested by a law enforcement officer or pretrial services officer;
(4) to provide a sample for a urinalysis or blood test when requested by a law enforcement officer or pretrial services officer;
(5) to take a drug or combination of drugs intended to prevent substance abuse;
(6) to follow any treatment plan imposed by the court under AS 28.35.028;
(7) to comply with a program established under AS 47.38.020.
(c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial officer may order the person
(A) consuming a controlled substance; or
(B) possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, a controlled substance or drug paraphernalia;
(2) to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of a controlled substance or drug paraphernalia by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the terms of the person's release by possessing controlled substances or drug paraphernalia;
(3) to enroll in a random drug testing program, at the person's expense, with testing to occur not less than once a week, or to submit to random drug testing by the pretrial services office in the Department of Corrections to detect the presence of a controlled substance, with the results being submitted to the court and the prosecuting authority;
(4) to refrain from entering or remaining in a place where a controlled substance is being used, manufactured, grown, or distributed;
(5) to refrain from being physically present at, within a two-block area of, or within a designated area near, the location where the alleged offense occurred or at other designated places, unless the person actually resides within that area;
(6) to refrain from the use or possession of an inhalant; or
(d) [Repealed, § 179 ch 36 SLA 2016.]
(e) In a prosecution charging the crime of stalking that is not a crime involving domestic violence, a judicial officer may order the person to
(1) follow the provisions of any protective order to which the person is respondent;
(2) refrain from contacting, in any manner, including by telephone or electronic communication, the victim;
(3) engage in counseling; if available in the community, the judicial officer shall require that counseling ordered include counseling about alternatives to aggressive behavior;
(4) participate in a monitoring program with a global positioning device or similar technological means that meets guidelines for a monitoring program adopted by the Department of Corrections in consultation with the Department of Public Safety.
(f) In a prosecution charging a crime under AS 11.41.410 — 11.41.458, a judicial officer
(1) may order the person to have no contact with the victim except as specifically allowed by the court;
(2) may order the person to reside in a place where the person is not likely to come into contact with the victim of the offense;
(3) may order the person to have no contact with any person under 18 years of age except in the normal course of business in a public place;
(4) shall assure that the victim and the parent or guardian of a minor victim have been notified by a law enforcement agency or the prosecuting authority of a hearing where release is being considered, or that a reasonable effort at notification has been made; and
(5) shall solicit comments from the victim or a parent or guardian of the minor victim who is present and wishes to comment, and consider those comments before making a decision concerning the release of the person.
Sec. 12.30.020. Release before trial. [Repealed, § 30 ch 19 SLA 2010.]
Sec. 12.30.021. Third-party custodians.
(a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party custodian if the officer finds, on the record, that
(1) pretrial supervision under AS 33.07 is not available in the person's location;
(2) no secured appearance or performance bonds have been ordered; and
(3) no other conditions of release or combination of conditions can reasonably ensure the person's appearance and the safety of the victim, other persons, and the community.
(b) A judicial officer may appoint an individual as a third-party custodian if the proposed custodian
(1) provides information to the judicial officer about the proposed custodian's residence, occupation, ties to the community, and relationship with the person, and provides any other information requested by the judicial officer;
(2) is physically able to perform the duties of custodian of the person;
(3) personally, by telephone, or by other technology approved by the court, appears in court with the person and acknowledges to the judicial officer orally and in writing that the proposed custodian
(A) understands the duties of custodian and agrees to perform them; the proposed custodian must specifically agree to immediately report in accordance with the terms of the order if the person released has violated a condition of release; and
(B) understands that failure to perform those duties may result in the custodian's being held criminally liable under AS 09.50.010 or AS 11.56.758.
(c) A judicial officer may not appoint a person as a third-party custodian if
(1) the proposed custodian is acting as a third-party custodian for another person;
(2) the proposed custodian has been convicted in the previous three years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;
(3) criminal charges are pending in this state or another jurisdiction against the proposed custodian;
(4) the proposed custodian is on probation in this state or another jurisdiction for an offense;
(5) there is a reasonable probability that the state will call the proposed custodian as a witness in the prosecution of the person;
(6) the proposed custodian resides out of state; however, a nonresident may serve as a custodian if the nonresident resides in the state while serving as custodian.
Secs. 12.30.023 , 12.30.025. Release before trial in cases involving controlled substances or alcohol; release before trial in cases involving stalking. [Repealed, § 30 ch 19 SLA 2010.]
Sec. 12.30.027. Release in domestic violence cases.
(a) Before ordering release before or after trial, or pending appeal, of a person charged with or convicted of a crime involving domestic violence, the judicial officer shall consider the safety of the victim or other household member. To protect the victim, household member, other persons, and the community and to reasonably ensure the person's appearance, the judicial officer
(1) shall impose conditions required under AS 12.30.011;
(2) may impose any of the conditions authorized under AS 12.30.011;
(3) may impose any of the provisions of AS 18.66.100(c)(1) — (7) and (11);
(4) may order the person to participate in a monitoring program with a global positioning device or similar technological means that meets guidelines for a monitoring program adopted by the Department of Corrections in consultation with the Department of Public Safety; and
(5) may impose any other condition necessary to protect the victim, household member, other persons, and the community, and to ensure the appearance of the person in court, including ordering the person to refrain from the consumption of alcohol.
(b) A judicial officer may not order or permit a person released under (a) of this section to return to the residence or place of employment of the victim or the residence or place of employment of a petitioner who has a protective order directed to the person and issued, filed, or recognized under AS 18.66.100 — 18.66.180 unless
(1) 20 days have elapsed following the date the person was arrested;
(2) the victim or petitioner consents to the person's return to the residence or place of employment;
(3) the person does not have a prior conviction for an offense under AS 11.41 that is a crime involving domestic violence; and
(4) the court finds by clear and convincing evidence that the return to the residence or place of employment does not pose a danger to the victim or petitioner.
(c) If the court imposes conditions of release under (a) of this section, it shall
(1) issue a written order specifying the conditions of release;
(2) provide a copy of the order to the person arrested or charged; and
(3) immediately distribute a copy of the order to the law enforcement agency that arrested the person.
(d) When a person is released from custody under (a) of this section,
(1) from a correctional facility, the correctional facility shall notify the prosecuting authority and the prosecuting authority shall make reasonable efforts to immediately notify the alleged victim of the release, and to furnish the alleged victim with a copy of the order setting any conditions of release;
(2) from other than a correctional facility, the arresting authority shall make reasonable efforts to immediately notify the alleged victim of the release, and to furnish the alleged victim with a copy of the order setting any conditions of release.
(e) A person arrested for a crime involving domestic violence or for violation of a condition of release in connection with a crime involving domestic violence may not be released from custody until the person has appeared in person before a judicial officer or telephonically for arraignment.
(f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
Sec. 12.30.029. Release in sexual abuse and sexual assault cases. [Repealed, § 30 ch 19 SLA 2010.]
Sec. 12.30.030. Appeal from conditions of release.
(a) If a person remains in custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken to the court having appellate jurisdiction over the court imposing the conditions. The appellate court shall affirm the order unless it finds that the lower court abused its discretion.
(b) If the appellate court finds that the lower court abused its discretion, the appellate court may modify the order, remand the matter for further proceedings, or remand the matter directing entry of the appropriate order, including release under AS 12.30.011(a). The appeal shall be determined promptly.
Sec. 12.30.031. Temporary release.
(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if
(1) the person is being held in connection with a misdemeanor or class B or C felony;
(2) the release is requested because of the
(A) death of an immediate family member of the person;
(B) birth of the person's child if the defendant executes an affidavit of paternity before the release;
(C) person's need for a mental health or substance abuse assessment that the court finds cannot be accommodated in the facility or telephonically; or
(D) person's need for a medical or dental examination required for acceptance into a residential treatment facility; and
(3) the court solicits information from the Department of Corrections regarding the defendant's conduct while incarcerated and considers that information when making a decision under this subsection.
(b) If a court orders temporary release of a person under (a) of this section, the court shall order the person to appear in court during normal business hours at the end of the period of temporary release and before the person is returned to a correctional facility.
Sec. 12.30.035. Release pending appeal by state.
If the state appeals an order dismissing an indictment, information, or complaint, or granting a new trial after verdict or judgment, the court shall treat the defendant in accordance with the provisions governing pretrial release under this chapter.
Sec. 12.30.040. Release before sentence; release after conviction.
(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can be released under conditions that will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
(1) an unclassified or class A felony;
(2) a sexual felony;
(3) a class B felony if the person has been convicted within the previous 10 years of a felony committed in this state or a similar offense committed in another jurisdiction; or
(4) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
(c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.
Sec. 12.30.050. Release of material witnesses.
(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and consider the release or detention of the person under the provisions of AS 12.30.011.
(b) A material witness may not be detained because of inability to comply with any condition of release if the testimony of the witness can adequately be secured by deposition, unless further detention is necessary to prevent a failure of justice.
(c) Release of a material witness under (a) of this section may be delayed for a reasonable period of time for the deposition of the witness to be taken.
Sec. 12.30.055. Persons appearing on petition to revoke.
(a) A person who is in custody in connection with a petition to revoke probation for a felony crime against a person under AS 11.41 does not have a right to be released under this chapter. A judicial officer may, however, release the person under the provisions of this chapter, if it is established by a preponderance of the evidence that the proposed release conditions will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) A person who is in custody in connection with a petition to revoke probation for a technical violation of probation under AS 12.55.110 shall be released after the person has served the maximum number of days that the court could impose on the person for a technical violation of probation under AS 12.55.110.
Sec. 12.30.060. Penalties for failure to appear. [Repealed, § 30 ch 19 SLA 2010.]
Sec. 12.30.070. Contempt.
Nothing in this chapter shall prevent a court from exercising its power to punish for contempt.
Sec. 12.30.075. Forfeited cash and other securities.
(a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of release, the prosecuting authority gives notice that restitution may be requested as part of the sentence if the person is convicted.
(b) If a restitution order is not entered, the court shall order the cash or other security being held in trust to be forfeited to the state.
(c) If a restitution order is entered, the court shall apply the cash or other security to the satisfaction of the order. If the cash or other security held in trust is applied to an order of restitution, the court shall issue a separate judgment against the defendant in favor of the state in the amount that would have otherwise been forfeited, and any cash or other security remaining after payment of the restitution shall be applied against that judgment. Any cash or other security remaining shall be forfeited to the state.
Sec. 12.30.078. Conviction occurrence.
In this chapter, a conviction occurs at the time the person is found guilty, either by plea or verdict, of the offense.
(1) "crime involving domestic violence" has the meaning given in AS 18.66.990;
(2) "judicial officer" means a person authorized to release a person pending trial, sentencing, or pending appeal;
(4) "offense" means any criminal offense;
(6) "sexual felony" has the meaning given in AS 12.55.185;
(7) "stalking" means a violation of AS 11.41.260 or 11.41.270.
Chapter 35. Search and Seizure.
Sec. 12.35.010. Issuance of search warrant; extraterritorial jurisdiction.
(a) A judicial officer may issue a search warrant upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the thing to be seized. The court may issue a search warrant for a place or property located either in the state or outside the state.
(b) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit submitted by facsimile machine, in accordance with AS 12.35.015.
Sec. 12.35.015. Issuance of search warrant upon testimony communicated by telephone or other means.
(a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.
(b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording device.
(c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The judicial officer may direct that the duplicate original search warrant be modified.
(d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The judicial officer shall immediately sign the original search warrant and enter on the face of the original search warrant the exact time when the search warrant was ordered to be issued.
(e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
(g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile search warrant shall serve as an original.
Sec. 12.35.020. Grounds for issuance.
A search warrant may be issued if the judicial officer reasonably believes any of the following:
(1) that the property was stolen or embezzled;
(2) that the property was used as a means of committing a crime;
(3) that the property is in the possession of a person who intends to use it as the means of committing a crime, or in possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered;
(4) that the property constitutes evidence of a particular crime or tends to show that a certain person has committed a particular crime;
(5) that either reasonable legislative or administrative standards for conducting a routine or area inspection with regard to air pollution are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
Sec. 12.35.025. Seizure of property.
(a) Property described in AS 12.35.020 may be taken on a warrant from
(1) a house or other place in which it is concealed or may be found;
(2) the possession of the person by whom it was stolen, embezzled, or used in the commission of a crime;
(3) a person who is in possession of the property;
(4) the possession of a person to whom the property has been delivered for the purpose of concealing it or preventing its being discovered, or from a house or other place occupied by that person or under that person's control.
(b) When property is seized under this chapter, the peace officer taking the property shall give to the person from whom or from whose premises the property was taken a copy of the warrant, a copy of the supporting affidavit, and a receipt for the property taken, or shall leave the copies and the receipt at the place from which the property was taken.
(c) The return of the warrant to the court shall be made promptly and shall be accompanied by a written inventory of the property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one other person as a witness.
(d) The inventory required by (c) of this section shall be signed by the peace officer under penalty of perjury under AS 09.63.020. The judge or magistrate shall, upon request, deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
Sec. 12.35.030. Showing of probable cause. [Repealed, § 16 ch 69 SLA 1970.]
Sec. 12.35.040. Authority of officer executing warrant.
In the execution or service of a search warrant, the officer has the same power and authority in all respects to break open any door or window, to use the necessary and proper means to overcome forcible resistance made to the officer, or to call any other person to the officer's aid as the officer has in the execution or service of a warrant of arrest.
Sec. 12.35.050. Disposition of property taken. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.36.]
For present provisions, see AS 12.36.
Sec. 12.35.060. Malicious procurement of search warrant.
A person who maliciously and without probable cause causes a search warrant to be issued and executed is guilty of a misdemeanor.
Sec. 12.35.070. Search of defendant in presence of judge or magistrate.
When a person charged with a crime is believed by the judge or magistrate before whom that person is brought to have on the person a dangerous weapon, or anything that may be used as evidence of the commission of the crime, the judge or magistrate may direct the accused to be searched in the presence of the judge or magistrate, and the weapon or other thing be retained subject to the order of the judge or magistrate or the order of the court in which the defendant may be tried.
Secs. 12.35.080 — 12.35.110. Disposition of stolen property. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.36.]
Sec. 12.35.120. Definition of search warrant.
A search warrant is an order in writing, signed by a judge or magistrate or signed at the direction of a judicial officer in accordance with AS 12.35.015, directed to a peace officer, commanding the peace officer to search for personal property and bring it before the judge or magistrate.
Article 1. Property Disposition.
Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence.
Sec. 12.36.010. Property disposition.
When property not belonging to a law enforcement agency comes into the custody of the agency, the property shall be disposed of in accordance with this chapter.
Sec. 12.36.020. Return of property.
(a) A law enforcement agency may
(1) not return property in its custody to the owner or the agent of the owner, except as provided in AS 12.36.200, if
(A) the property is in custody in connection with a children's court proceeding, a criminal proceeding, or an official investigation of a crime; or
(B) the property in custody is subject to forfeiture under the laws of the
(i) state; or
(ii) United States, and the United States has commenced forfeiture proceedings against the property or has requested the transfer of the property for the commencement of forfeiture proceedings; and
(2) with the approval of the court, transfer the property to another state or federal law enforcement agency for forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if the property
(b) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property where photographs of the property are used as evidence in place of the property, the prosecuting attorney may release the property to the owner upon presentation of satisfactory proof of ownership.
(c) If wrongfully taken or damaged property is not photographed and authenticated under AS 12.45.086 and the property is used as evidence in a criminal proceeding or a children's court proceeding, the law enforcement agency in possession of the property shall return it to the owner upon presentation of satisfactory proof of ownership within 60 days after the final disposition of the case.
Sec. 12.36.030. Disposal of unclaimed property used as evidence.
(a) Unless the property is a firearm, ammunition, or a firearm part subject to AS 18.65.340, if property that is used as evidence in a criminal proceeding or a children's court proceeding, including wrongfully taken or damaged property, is not claimed by the owner within one year after the final disposition of the case, the law enforcement agency having custody of the property shall dispose of it under (b) of this section.
(b) Property referenced in (a) of this section shall be disposed of by a
(1) municipal law enforcement agency in the following manner:
(A) for that part of the property that is subject to AS 34.45.110 — 34.45.780, in accordance with AS 34.45.110 — 34.45.780;
(B) for that part of the property that is not subject to AS 34.45.110 — 34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment;
(2) state law enforcement agency in the following manner:
(A) if the property is a firearm or ammunition, in the manner provided in AS 18.65.340;
(B) if the property is other than a firearm or ammunition, and the property is
(i) subject to AS 34.45.110 — 34.45.780, in accordance with AS 34.45.110 — 34.45.780;
(ii) not subject to AS 34.45.110 — 34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment.
(c) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality if the municipality has adopted an ordinance providing for the custody and disposition of the property and if the ordinance requires that
(1) property held or collected as evidence in a children's court proceeding, a criminal proceeding, or an official investigation of a crime is to be held until at least 30 days after final disposition of the case to which the evidence pertains; and
(2) the municipality make reasonable attempts to identify and locate the owner of the property that is unclaimed.
Sec. 12.36.040. Disposal of property when owner unknown; exceptions.
(a) When the owner of property is unknown and the property comes into the possession of a law enforcement agency as suspected evidence of a crime but is not used in a criminal proceeding or a children's court proceeding, or when the property comes into the possession of a law enforcement agency by other means, the property shall be held for one year. If the property is not claimed within one year of the date it comes into the possession of a law enforcement agency, the property shall be disposed of as provided in AS 12.36.030(b).
(b) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality that has adopted an ordinance providing for the custody and disposition of property that meets the requirements specified in AS 12.36.030(c).
Sec. 12.36.045. When finder of property is considered the owner.
(a) When a private individual obtains property of another that is lost, mislaid, or delivered to the individual by mistake, the individual delivers that property to a law enforcement agency, and the true owner of the property remains unknown for a period of one year or does not claim the property within one year, the individual delivering the property shall be considered the owner of the property under this chapter if possession of the property by the individual is otherwise legal. If, after the one-year period, the private individual who delivered the property to the law enforcement agency cannot be found or does not want the property, the property shall be disposed of by the agency as if the owner is unknown.
Sec. 12.36.050. Remission of forfeited property.
(a) A claimant seeking remission of the claimant's interest in a weapon ordered forfeited under AS 12.55.015(a)(9) shall prove to the court by a preponderance of evidence that the claimant
(1) has a valid interest in the weapon, acquired in good faith;
(2) did not knowingly participate in the commission of the crime in which the weapon was used; and
(3) did not know or have reasonable cause to believe that the weapon was used or would be used to commit a crime.
(b) Upon a showing that a claimant is entitled to relief under (a) of this section, the court may order that the weapon be released to the claimant.
(c) A claim may not be filed under this section more than 120 days after the entry of the last final judgment in the case in which the weapon was ordered forfeited.
Sec. 12.36.060. Disposal of forfeited deadly weapons.
(a) A deadly weapon, other than a firearm or ammunition, forfeited to the state under AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of by the commissioner of public safety under this section. Under this subsection, the commissioner of public safety
(1) may declare a weapon surplus and transfer it to the commissioner of administration;
(2) may, if the weapon is suitable for law enforcement purposes, training, or identification, retain the weapon for use by the Department of Public Safety or transfer the weapon to the municipal law enforcement agency making the arrest that led to the forfeiture;
(3) shall destroy a weapon that is unsafe or unlawful.
(b) The commissioner of public safety may adopt regulations necessary to carry out the provisions of this section.
(c) A firearm or ammunition forfeited to the state under AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of as provided in AS 18.65.340.
Sec. 12.36.070. Return of property by hearing.
(a) A crime victim who is the owner of property not belonging to a law enforcement agency that is in the custody of the agency under this chapter may request that the office of victims' rights request that the agency return the property to the crime victim. The request under this subsection shall be filed by the office of victims' rights on behalf of the crime victim after the office has conducted an investigation and has concluded that the crime victim is entitled to the return of the property under the factors listed in (c) of this section.
(b) Within 10 days after receipt of a request under (a) of this section and following reasonable notice to the prosecution, defense, and other interested parties, the agency shall request a hearing before the court to determine if the property shall be released to the crime victim. If the property is being held in connection with a criminal case, the hearing shall be before the court with jurisdiction of the criminal case. If no criminal case is pending regarding the property, the hearing shall be before a district or superior court where the property is located.
(c) At the hearing, a party that objects to the return of the property shall state the reason on the record. After a hearing, the court may order the return of the property in the custody of a law enforcement agency to the crime victim if
(1) the crime victim by a preponderance of the evidence provides satisfactory proof of ownership; and
(2) the party that objects to the return of the property fails to prove by a preponderance of the evidence that the property must be retained by the agency for evidentiary purposes under the provisions of this chapter or another law.
(d) If the court orders the return of the property to the crime victim, the court may impose reasonable conditions on the return. Those conditions may include an order that the crime victim retain and store the property so that the property is available for future court hearings, requiring photographs of the property to be taken, or any other condition the court considers necessary to maintain the evidentiary integrity of the property.
(e) In this section, "crime victim" has the meaning given to "victim" in AS 12.55.185.
(f) If the agency fails to act on a request under (a) of this section within the deadline set in (b) of this section, the victims' advocate may request a hearing under (b) of this section. If the victims' advocate requests a hearing under this subsection, the role of the victims' advocate in the hearing is limited to advocating for the return of the victim's property. The victims' advocate may not participate in the case as a party or an intervenor unless the court orders otherwise.
(1) "final disposition of a case" means the time when all appeals have been exhausted or the time when all appeals that could have been taken has expired;
(2) "law enforcement agency" means a public agency that performs as one of its principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law; "law enforcement agency" does not include a court.
Article 2. Preservation of Evidence.
Sec. 12.36.200. Preservation of evidence.
(a) Notwithstanding AS 12.36.010 — 12.36.090, the Department of Law, the Department of Public Safety, the Alaska Court System, or a municipal law enforcement agency shall preserve
(1) all evidence that is obtained in relation to an investigation or prosecution of a crime under AS 11.41.100 — 11.41.130, 11.41.410, or 11.41.434 for the period of time that the crime remains unsolved or 50 years, whichever ends first;
(2) biological evidence in an amount and manner that is sufficient to develop a DNA profile from any material contained in or included on the evidence that was obtained in relation to the prosecution of a person convicted of, or adjudicated a delinquent for, a crime under AS 11.41.100 — 11.41.130, a person convicted of a crime after being indicted under AS 11.41.410 or 11.41.434 while the person remains a prisoner in the custody of the Department of Corrections or subject to registration as a sex offender, or a person adjudicated a delinquent for a crime after the filing of a petition alleging a violation of AS 11.41.410 or 11.41.434 while the person remains committed to a juvenile facility or subject to registration as a sex offender.
(b) Under (a) of this section, an agency is not required to preserve physical evidence of a crime that is of a size, bulk, quantity, or physical character that renders preservation impracticable. When preservation of evidence of a crime is impracticable, the agency shall, before returning or disposing of the evidence, remove and preserve portions of the material likely to contain relevant evidence related to the crime in a quantity sufficient to permit future DNA testing. In making decisions under this section, an agency shall follow written policies on evidence retention.
(c) Upon written request of a person convicted of a crime and a prisoner, adjudicated delinquent for a crime and committed, or subject to registration as a sex offender, an agency shall prepare or provide an inventory of biological evidence that has been preserved under (a)(2) of this section in connection with the person's criminal case.
(d) An agency required to preserve biological evidence under (a) of this section may destroy biological evidence before the expiration of the time period in (a)(2) of this section if
(1) the agency is not required to maintain the evidence under another provision of state or federal law;
(2) the agency sends, by certified mail with proof of delivery, notice of its intent to destroy evidence to
(A) each person who remains a prisoner or committed or subject to registration as a sex offender for the crime for which the evidence was preserved under (a)(2) of this section;
(B) the attorneys of record, if known, for each person listed in (A) of this paragraph;
(C) the Public Defender Agency;
(D) the district attorney responsible for prosecuting the crime; and
(3) no person who is notified under (2) of this subsection, within 120 days after receiving the notice,
(A) files a motion for testing of the evidence; or
(B) submits a written request for continued preservation of the evidence.
(e) Upon receipt of a request for continued preservation of biological evidence under (d)(3)(B) of this section, an agency may petition the court for permission to destroy the evidence. The court may grant the petition if the court finds that the request is without merit or that the evidence has no significant value for biological material.
(f) When an agency is required to produce biological evidence required to be preserved under this section and the agency is unable to locate the evidence, the chief evidence custodian of that agency shall submit an affidavit, executed under penalty of perjury, describing the evidence that could not be located and detailing the efforts taken to locate the evidence.
(g) If a court finds that evidence was destroyed in violation of the provisions of this section, the court may order remedies the court determines to be appropriate.
(h) A person may not bring a civil action for damages against the state or a political subdivision of the state, their officers, agents, or employees, or a law enforcement agency, its officers, or employees for any unintentional failure to comply with the provisions of this section.
(1) "agency" means the Department of Law, the Department of Public Safety, the Alaska Court System, or a municipal law enforcement agency;
(2) "biological evidence" means
(A) the contents of a sexual assault forensic examination kit;
(B) semen, blood, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable human bodily material collected as part of a criminal investigation;
(C) a slide, swab, or test tube containing material described in (B) of this paragraph; and
(D) swabs or cuttings from items that contain material described in (B) of this section;
(3) "DNA" means deoxyribonucleic acid;
(4) "prisoner" has the meaning given in AS 33.30.901.
Article 1. Interception of Private Communications.
Chapter 37. Interceptions and Access to Communications.
Sec. 12.37.010. Authorization to intercept communications.
The attorney general, or a person designated in writing or by law to act for the attorney general, may authorize, in writing, an ex parte application to a court of competent jurisdiction for an order authorizing the interception of a private communication if the interception may provide evidence of, or may assist in the apprehension of persons who have committed, are committing, or are planning to commit, the following offenses:
(1) murder in the first or second degree under AS 11.41.100 — 11.41.110;
(2) kidnapping under AS 11.41.300;
(3) a class A or unclassified felony drug offense under AS 11.71;
(4) sex trafficking in the first or second degree under AS 11.66.110 and 11.66.120; or
(5) human trafficking in the first degree under AS 11.41.360.
Sec. 12.37.020. Application for order authorizing a communication interception.
(a) An application for an order authorizing the interception of a private communication shall be made in writing upon oath or affirmation and must state
(1) the authority of the applicant to make the application;
(2) the identity of the peace officer for whom the authority to intercept the communication is sought;
(3) the facts relied upon by the applicant for the order, including
(A) if known, the identity of the particular person committing the offense and whose communication is to be intercepted;
(B) the details as to the particular offense that has been, is being, or is about to be committed;
(C) the specific type of communication to be intercepted;
(D) a showing that there is probable cause to believe that the communication will be communicated on the specific communication facility involved or at the specific place where the oral communication is to be intercepted;
(E) a showing that there is probable cause to believe that the facility from which, or the place where, the communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person whose communication is to be intercepted;
(F) the character and location of the specific communication facility involved or the specific place where the oral communication is to be intercepted;
(G) the objective of the investigation;
(H) a statement of the period of time for which the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a specific statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur;
(I) a specific statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ;
(4) the facts known to the applicant concerning all previous applications made to a court for the issuance of an order authorizing the interception of a private communication involving any of the same facilities or places specified in the current application or involving the same person whose communication is to be intercepted, and the action taken by the court on each application;
(5) if the application is for an extension of a previously issued order, a statement of facts showing the results obtained thus far from the interception, or a reasonable explanation for the failure to obtain results;
(6) a proposed order authorizing the communication interception; and
(7) any additional facts in support of the application considered appropriate by the applicant or by the court.
(b) If an applicant for an order authorizing a communications interception is relying upon uncorroborated evidence provided by a confidential informant, the court may hold an in camera hearing at which it may inquire as to the identity of the informant or as to any other relevant information concerning the basis upon which the applicant is applying for the order.
Sec. 12.37.030. Requirements for an order authorizing a communications interception.
(a) Upon consideration of an application, the court may enter an ex parte order authorizing the interception of a private communication if the court determines, on the basis of the application, that
(1) there is probable cause to believe that the person whose communication is to be intercepted is committing, has committed, or is planning to commit an offense listed in AS 12.37.010;
(2) there is probable cause to believe that a communication concerning the offense may be obtained through the interception;
(3) there is probable cause to believe that the facility from which, or the place where, the communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person whose communication is to be intercepted;
(4) normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be either unlikely to succeed if tried or too dangerous to employ; and
(5) if the application, other than an application for an extension, is for an order to intercept a communication of a person, or involving a communications facility, that was the subject of a previous application, the current application is based upon new evidence or information different from and in addition to the evidence or information offered to support the previous application.
(b) In addition to exercising authority under (a) of this section, on consideration of an application relating to a private communication of a minor, the court may enter an ex parte order authorizing the interception of the private communication. The court may enter the order only if the court determines, after making appropriate findings of fact and on the basis of the application, that there is probable cause to believe that
(1) a party to the private communication
(A) has committed, is committing, or is about to commit a felony or misdemeanor;
(B) has been, is, or is about to be a victim of a felony or misdemeanor; or
(C) has been, is, or is about to be a witness to a felony or misdemeanor;
(2) the health or safety of a minor is in danger; or
(3) a parent of a minor has consented in good faith to the interception of a communication of the minor based on the parent's objectively reasonable belief that it is necessary for the welfare of the minor and is in the best interest of the minor.
(c) In (b) of this section, "minor" and "parent" have the meanings given in AS 42.20.390.
Sec. 12.37.040. Contents of order authorizing a communications interception; limitations on disclosure.
(a) An order entered under AS 12.37.030 must state
(1) that the court is authorized to enter the order;
(2) if known, the identity of, or a particular description of, the person whose communications are to be intercepted;
(3) the character and location of the particular communication facility or the particular place of the communication as to which authority to intercept is granted;
(4) a specific description of the type of communication to be intercepted and a statement of the particular offense to which it relates;
(5) the identity of the peace officer or officers to whom the authority to intercept a communication is given and the identity of the person who authorized the application; and
(6) the period of time during which the interception is authorized, including a statement as to whether or not the interception automatically terminates when the described communication has been first obtained, and a statement that the interception shall begin and terminate as soon as practicable and be conducted in such a manner as to minimize the interception of communications not otherwise subject to interception.
(b) An order entered under AS 12.37.030 may not authorize the interception of private communications for a period of time exceeding 30 days or that period necessary to achieve the objective of the authorization, whichever is shorter. The authorized interception period begins on the day on which the peace officer first begins to conduct an interception under the order or 10 days after the order is entered, whichever is earlier. Extensions of 30 days or less may be granted if application for each extension order is made under AS 12.37.020 and the necessary findings are made by the court under AS 12.37.030.
(c) The court may require an applicant to file periodic reports with the court, showing what progress is being made toward achieving the authorized objective of the communication interception and what need exists for continued interception. The intervals at which the reports are to be filed shall be determined by the court.
(d) An order entered under AS 12.37.030 may, upon request of the applicant, direct that a communications common carrier, provider of wire or electronic communication services, landlord, owner, building operator, custodian, or other person furnish the applicant, without delay, all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively. The obligations of a communications common carrier under an order may include the obligation to conduct an in-progress trace during an interception. A communications common carrier, provider of wire or electronic communication services, landlord, owner, building operator, custodian, or other person who furnishes facilities or technical assistance under this subsection shall be compensated by the applicant at prevailing rates.
(e) A communications common carrier, provider of wire or electronic communication services, landlord, owner, building operator, custodian, or other person who, under this section, has been shown a copy of an order authorizing the interception of a private communication may not disclose the existence of the order or of the device used to accomplish the interception unless
(1) the person is required to do so by legal process; and
(2) the person gives prior notification to the attorney general or the attorney general's designee who authorized the application for the order.
(f) An order entered under AS 12.37.030 may, upon the request of the applicant, authorize the applicant to enter a designated place or facility as often as necessary to install, maintain, or remove an intercepting device. The applicant shall notify the court of each such entry before its occurrence, if practicable. If prior notice is not practicable, the applicant shall notify the court within 72 hours after the entry.
Sec. 12.37.050. Privileged communications.
An otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of AS 12.37.010 — 12.37.130 does not lose its privileged character by reason of the interception.
Sec. 12.37.060. Collateral authority of court; interpretation of AS 12.37.010 — 12.37.130.
(a) Notwithstanding any other provision of AS 12.37.010 — 12.37.130, a court to which an application is made for an order authorizing the interception of a private communication may take the evidence, make the findings, or issue the other orders necessary to conform the proceedings or the entry of an order to the United States Constitution, the Constitution of the State of Alaska, or any applicable law of the United States or of the state.
(b) When the language of AS 12.37.010 — 12.37.130 is the same or similar to the language of 18 U.S.C. 2510 — 2521, the courts of this state in construing AS 12.37.010 — 12.37.130 shall follow the construction given to those federal statutes by the federal courts.
Sec. 12.37.070. Records and recordings and custody of them.
(a) A communication intercepted under AS 12.37.010 — 12.37.130 shall, if practicable, be recorded by tape or wire or other comparable method. The recording shall, if practicable, be done in a way that will protect it from editing or other alteration. During an interception, the peace officer authorized to act under the court's order shall, if practicable, keep a signed, written record of the interception, that shall include the following information:
(1) the date and hours during which the interception equipment or site was monitored;
(2) the time and duration of each intercepted communication;
(3) the parties to each intercepted communication, if known; and
(4) a summary of the contents of each intercepted communication.
(b) Immediately upon expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in that order, any tapes or other recordings, and any records made during the interception, and all orders authorizing the interception, shall be transferred to the court that entered the order and shall be sealed under its direction. Custody of the tapes, other recordings, and records of the interception shall be maintained as the court directs. The tapes, recordings, and records of the interception may not be destroyed except upon order of the court, and in any event shall be kept for a minimum period of 10 years. Duplicate recordings and records of the interception may be made for disclosure or use under AS 12.37.090(d) and 12.37.110. The presence of the seal required by this subsection, or a satisfactory explanation for its absence, is a prerequisite for the use or disclosure of the contents of any communication intercepted under AS 12.37.010 — 12.37.130.
Sec. 12.37.080. Custody of applications and orders; penalty for disclosure.
(a) Except for a copy that may be retained for use by the applicant, all applications made and orders entered under AS 12.37.010 — 12.37.130 for the interception of private communications shall be sealed by the court and maintained as the court directs. The applications and orders may not be destroyed except upon order of the court and in any event shall be kept for a minimum period of 10 years.
(b) In addition to any other remedies or penalties provided by law, the disclosure of applications and orders in violation of AS 12.37.010 — 12.37.130 is punishable under AS 09.50.020 as contempt of court.
Sec. 12.37.090. Notice of interception and disclosure.
(a) Within a reasonable period of time, but no later than 90 days following the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in that order, the court entering the order shall cause a notice of interception to be served on
(1) a person who is named in the order; or
(2) a party to the intercepted communications if the court determines in its discretion that the party should be informed in the interest of justice.
(b) The notice of interception must include a statement of
(1) the fact of the entry of the order under AS 12.37.030;
(2) the date of the entry of the order;
(3) the period of time for which the interception was authorized; and
(4) whether and how many private communications were intercepted.
(c) On an ex parte showing of good cause, the court may postpone service of the notice of interception.
(d) Upon the filing of a motion, the court may make available for inspection to a person or the person's attorney, as the court determines to be in the interest of justice, those portions of an intercepted communication, an application for an order, and an order that the court considers appropriate.
Sec. 12.37.100. Approval for unanticipated interception.
If, while intercepting a private communication under the provisions of AS 12.37.010 — 12.37.130, a peace officer intercepts a communication that relates to a felony offense other than one specified in the order of authorization, the attorney general, or a person designated in writing or by law to act for the attorney general, may file a motion for an order approving that interception so that the communication, or evidence derived from it, may be used during testimony in an official proceeding. A court may enter an order approving the interception if it finds that the person who intercepted the communication was otherwise acting under the provisions of AS 12.37.010 — 12.37.130.
Sec. 12.37.110. Use of intercepted communication.
An intercepted private communication, and evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each party to the communication who is a party in the official proceeding was furnished, at least 10 days before the proceeding, with a copy of the court order authorizing the interception and of the application for authorization under which the order was issued. The 10-day period may be waived by the presiding official if the presiding official finds that it was not practicable to furnish the person with the information 10 days before the proceeding and also finds that the person will not be prejudiced by the delay in receiving the information.
Sec. 12.37.120. Suppression of unlawful interceptions.
(a) A motion to suppress the contents of an intercepted private communication, or evidence derived from it, may be filed in a proceeding on the ground that the
(1) interception was unlawful;
(2) order of authorization under which the communication was intercepted is insufficient on its face; or
(3) interception was not made in substantial compliance with the order of authorization.
(b) Upon the filing of a motion to suppress under this section, the court may make available to the moving party or that party's attorney, for inspection, the portion or portions of the intercepted communication, applications, and orders that the court determines to be in the interest of justice.
(c) Suppression is the only judicial sanction available for a nonconstitutional violation of AS 12.37.010 — 12.37.130 involving an intercepted private communication.
Sec. 12.37.130. Required reports.
(a) Within 30 days after the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in that order, the court entering the order shall report to the Administrative Office of the United States Courts the following information:
(1) the fact that an order or extension order was applied for;
(2) the kind of order or extension order applied for;
(3) whether the order or extension order was granted as applied for or was granted as modified;
(4) the period of time for which the interception is authorized by the order and the number of, and duration of the authorized interception period specified in, any extension orders regarding that order;
(5) the offense specified in the order, extension order, or application;
(6) the name and title of the applicant; and
(7) the nature of the facilities from which or the place where the communication was to be intercepted.
(b) In January of each year, the attorney general or the attorney general's designee shall report to the Administrative Office of the United States Courts the following information with respect to orders and extension orders obtained in the preceding calendar year:
(1) the information required by (a) of this section with respect to each application for an order or extension order made;
(2) a general description of the interceptions made under the order or extension, including the approximate
(A) nature and frequency of incriminating communications intercepted;
(B) nature and frequency of other communications intercepted;
(C) number of persons whose communications were intercepted; and
(D) nature, amount, and cost of the manpower and other resources used in the interceptions;
(3) the number of arrests resulting from interceptions made under the order or extension order, and the offenses for which arrests were made;
(4) the number of trials resulting from the interceptions;
(5) the number of motions to suppress made with respect to the interceptions, the number of such motions granted, and the number of such motions denied; and
(6) the number of convictions resulting from interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the interceptions.
(c) In addition to the report required by (b) of this section, the attorney general or the attorney general's designee shall prepare and make available to the public annual reports on the operation of AS 12.37.010 — 12.37.130. The reports shall contain the following information:
(1) the number of applications made under AS 12.37.010 — 12.37.130;
(2) the number of orders entered by the court;
(3) the effective period of time for which each interception was authorized;
(4) the number of, and duration of the authorized interception period specified in, any extension orders;
(5) the offenses in connection with which the communications were sought;
(6) the names and titles of the applicants;
(7) the number of indictments or other charges resulting from each application;
(8) the offenses that each indictment or other charge relates to; and
(9) the disposition of each indictment or other charge.
Article 2. Pen Registers and Trap Devices.
Sec. 12.37.200. Authorization to use pen registers and trap devices.
Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning the use of a pen register or a trap device as permitted under federal law.
Article 3. Communications in Electronic Storage.
Sec. 12.37.300. Authorization for access to and use of communications in electronic storage.
Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning access to and disclosure or use of communications in electronic storage as permitted under federal law.
Article 4. Police Use of Body Wires.
Sec. 12.37.400. Police use of body wire.
(a) A peace officer may intercept an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, if
(1) the interception and monitoring occurs
(A) during the investigation of a crime or the arrest of a person for a crime; and
(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(2) the peace officer intercepting the conversation is a party to the oral communication and has consented to the interception; and
(3) the communication intercepted is not recorded.
(b) A peace officer monitoring a receiving unit under (a) of this section, or any other person intercepting an oral communication transmitted under (a) of this section, is not competent to testify in a criminal proceeding involving a party to the oral communication about the contents of the oral communication that was intercepted or the fact that the communication occurred.
(1) "communications common carrier" has the meaning given in AS 42.20.390;
(2) "contents" has the meaning given in AS 42.20.390;
(3) "court" means superior court, except that in AS 12.37.200 it means either superior or district court;
(4) "electronic communication" has the meaning given in AS 42.20.390;
(5) "electronic communication service" has the meaning given in AS 42.20.390;
(6) "electronic storage" means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication, and any storage of the communication by an electronic communication service for purposes of backup protection of the communication;
(7) "in-progress trace" means to determine the origin of a wire communication to a telephone or telegraph instrument, equipment, or facility during the course of the communication;
(8) "intercept" has the meaning given in AS 42.20.390;
(9) "official proceeding" means a judicial, legislative, or administrative proceeding or any other proceeding before a government agency or official authorized to hear evidence under oath, other than a grand jury;
(10) "oral communication" has the meaning given in AS 42.20.390;
(11) "peace officer" has the meaning given in AS 11.81.900(b);
(12) "pen register" means a device or apparatus that is connected to a telephone or telegraph instrument, equipment, or facility to determine the destination of a wire communication to a telephone or telegraph instrument, equipment, or facility, but that does not intercept the contents of the communication; "pen register" does not include a device used by a provider or customer of a wire or electronic communication service for billing, or for recording as an incident to billing, for communications services provided by the provider, nor a device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(13) "private communication" has the meaning given in AS 42.20.390;
(14) "trap device" means a device or apparatus that is connected to a telephone or telegraph instrument, equipment, or facility to determine the origin of a wire communication to the telephone or telegraph instrument, equipment, or facility, but that does not intercept the contents of the communication;
(15) "wire communication" has the meaning given in AS 42.20.390.
Chapter 40. Grand Jury.
Sec. 12.40.010. Qualifications and manner of drawing grand jurors.
Grand jurors shall have the qualifications and be drawn as are trial jurors under AS 09.20.010 — 09.20.080.
Sec. 12.40.020. Number of jurors.
The grand jury consists of not less than 12 nor more than 18 members.
Sec. 12.40.030. Duty of inquiry into crimes and general powers.
The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to the court. The grand jury shall have the power to investigate and make recommendations concerning the public welfare or safety.
Sec. 12.40.040. Juror to disclose knowledge of crime.
If an individual grand juror knows or has reason to believe that a crime has been committed that is triable by the court, the juror shall disclose it to the other jurors, who shall investigate it.
Sec. 12.40.050. Holding to answer as affecting indictment or presentment.
The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.
Sec. 12.40.060. Access to public jails, prisons, and public records.
The grand jury is entitled to access, at all reasonable times, to the public jails and prisons, to offices pertaining to the courts of justice in the state, and to all other public offices, and to the examination of all public records in the state.
Sec. 12.40.070. Duty of prosecuting attorney.
The prosecuting attorney
(1) shall submit an indictment to the grand jury and cause the evidence in support of the indictment to be brought before them in every case when a person is held to answer a criminal charge in the court where the jury is formed;
(2) may submit an indictment in any case when the prosecuting attorney has good reason to believe a crime has been committed that is triable by the court; and
(3) shall, when required by the grand jury, prepare indictments or presentments for them and attend their sittings to advise them in relation to their duties or to examine witnesses in their presence.
Sec. 12.40.080. Effect of failure to return indictment.
When a grand jury does not return an indictment, the charge is dismissed, and it may not be again submitted to or inquired into by the grand jury unless the court so orders.
Sec. 12.40.090. Questioning juror for conduct.
A grand juror cannot be questioned for anything the juror may say or any vote the juror may give while acting as a grand juror, in relation to any matter legally pending before the grand jury, except for a perjury of which the juror may have been guilty in giving testimony before that jury.
Sec. 12.40.100. Contents of indictment.
(a) The indictment must be direct and certain as it regards
(1) the party charged;
(2) the crime charged; and
(3) the particular circumstances of the crime charged when they are necessary to constitute a complete crime.
(b) The statement of the facts constituting the offense must be in ordinary and concise language, without repetition, and in a manner that will enable a person of common understanding to know what is intended.
(c) An indictment that complies with this section and with applicable rules adopted by the supreme court is valid and need not specify aggravating factors set out in AS 12.55.155.
Sec. 12.40.110. Hearsay evidence in prosecutions for sexual offenses.
(a) In a prosecution for an offense under AS 11.41.410 — 11.41.458, hearsay evidence of a statement related to the offense, not otherwise admissible, made by a child who is the victim of the offense may be admitted into evidence before the grand jury if
(1) the circumstances of the statement indicate its reliability;
(2) the child is under 10 years of age when the hearsay evidence is sought to be admitted;
(3) additional evidence is introduced to corroborate the statement; and
(4) the child testifies at the grand jury proceeding or the child will be available to testify at trial.
(b) In this section "statement" means an oral or written assertion or nonverbal conduct if the nonverbal conduct is intended as an assertion.
Article 1. Trial Jury.
Chapter 45. Trial, Evidence, Compromise.
Sec. 12.45.010. Formation of trial jury.
The qualification, disqualification, and exemption of jurors, the preparation of jury lists, and the composition of jury panel in criminal actions are the same as provided in civil actions.
Sec. 12.45.015. Introduction of victim and defendant to jury.
(a) During jury selection or as part of an opening statement at trial, the prosecuting attorney may introduce the victim to the jury, and the attorney for the defendant may introduce the defendant to the jury.
(b) In this section, "victim" has the meaning given in AS 12.55.185.
Sec. 12.45.018. Juror counseling following graphic evidence or testimony.
(a) The trial judge may offer not more than 10 hours of post-trial psychological counseling, without charge, to a juror or an alternate juror who serves on a trial jury in a trial involving extraordinarily graphic, gruesome, or emotional evidence or testimony.
(b) The counseling offered under (a) of this section applies only to a juror or alternate juror who serves on a trial jury for a trial involving the following offenses:
(1) murder under AS 11.41.100 and 11.41.110;
(2) manslaughter under AS 11.41.120;
(3) criminally negligent homicide under AS 11.41.130;
(4) felonious assault under AS 11.41.200 — 11.41.220;
(5) a sexual offense under AS 11.41.410 — 11.41.460.
(c) The counseling offered under (a) of this section
(1) must occur not later than 180 days after the jury is dismissed;
(2) may be provided by the court system, by a state agency, or by contract; and
(3) may be individual or group counseling.
Article 2. Discovery, Testimony, and Evidence.
Sec. 12.45.020. Conviction on testimony of accomplice and corroboration.
A conviction shall not be had on the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the crime; and the corroboration is not sufficient if it merely shows the commission of the crime or the circumstances of the commission.
Sec. 12.45.030. Necessary evidence for false pretenses. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.45.035. Admissibility of DNA profiles.
(a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.
(1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;
(2) "DNA profile"
(A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;
(B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
Sec. 12.45.037. Admissibility of expert testimony relating to criminal street gang activity.
(a) In a criminal prosecution, expert testimony is admissible to show, in regard to a specific criminal street gang or criminal street gangs whose conduct is relevant to the case,
(1) common characteristics of persons who are members of the criminal street gang or criminal street gangs;
(2) rivalries between specific criminal street gangs;
(3) common practices and operations of the criminal street gang or criminal street gangs and the members of those gangs;
(4) social customs and behavior of members of the criminal street gang or the criminal street gangs;
(5) terminology used by members of the criminal street gang or the criminal street gangs;
(6) codes of conduct of the particular criminal street gang or criminal street gangs; and
(7) the types of crimes that are likely to be committed by the particular criminal street gang.
(b) In this section, "criminal street gang" has the meaning given in AS 11.81.900(b).
Sec. 12.45.040. Necessary evidence for prostitution or seduction. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.45.042. Mental examination of victim.
In a criminal prosecution under AS 11.41, the court may not order or compel the victim to undergo a psychiatric or psychological examination unless
(1) the victim's psychiatric or psychological condition is an element of the offense charged; or
(2) the prosecution has given notice that it will present evidence at trial that the victim suffers from a continuing psychological or psychiatric condition that resulted from the offense charged.
Sec. 12.45.045. Evidence of past sexual conduct in trials of certain sexual offenses.
(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after the offense charged, may not be admitted nor may reference be made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of the court not later than five days before trial or at a later time as the court may, for good cause, permit. The defendant may, for good cause shown, apply for an order during trial if the request is based on information learned after the deadline or during the trial. After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating what evidence may be introduced and the nature of the questions that may be permitted. The defendant may then offer evidence under the order of the court.
(b) In the absence of a persuasive showing to the contrary, evidence of the complaining witness' sexual conduct occurring more than one year before the date of the offense charged is presumed to be inadmissible under this section.
(c) In this section "complaining witness" means the alleged victim of the crime charged, the prosecution of which is subject to this section.
Sec. 12.45.046. Testimony of children in criminal proceedings.
(a) In a criminal proceeding under AS 11.41 involving the prosecution of an offense committed against a child under the age of 16, or witnessed by a child under the age of 16, the court
(1) may appoint a guardian ad litem for the child;
(2) on its own motion or on the motion of the party presenting the witness or the guardian ad litem of the child, may order that the testimony of the child be taken by closed circuit television or through one-way mirrors if the court determines that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate.
(b) In making a determination under (a)(2) of this section, the court shall consider factors it considers relevant, including
(1) the child's chronological age;
(2) the child's level of development;
(3) the child's general physical health;
(4) any physical, emotional, or psychological injury experienced by the child; and
(5) the mental or emotional strain that will be caused by requiring the child to testify under normal courtroom procedures.
(c) If the court determines under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate, the court may order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the defendant, the court, and the finder of fact in the proceeding. If the court authorizes use of closed circuit televised testimony under this subsection,
(1) each of the following may be in the room with the child when the child testifies:
(A) the prosecuting attorney;
(B) the attorney for the defendant; and
(C) operators of the closed circuit television equipment;
(2) the court may, in addition to persons specified in (1) of this subsection, admit a person whose presence, in the opinion of the court, contributes to the well-being of the child.
(d) When a child is to testify under (c) of this section, only the court and counsel may question the child. The persons operating the equipment shall do so in as unobtrusive a manner as possible. If the defendant requests, the court shall excuse the defendant from the courtroom, shall permit the defendant to attend in another location, and shall afford the defendant a means of viewing the child's testimony and of communicating with the defendant's attorney throughout the proceedings. Upon request of the defendant or the defendant's attorney, the court shall permit a recess to allow them to confer. The court shall provide a means of communicating with the attorneys during the questioning of the child. Objections made by the attorneys to questions of a child witness may be resolved in the courtroom if the court finds it necessary.
(e) If the court determines under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate, the court may authorize the use of one-way mirrors in conjunction with the taking of the child's testimony. The attorneys may pose questions to the child and have visual contact with the child during questioning, but the mirrors shall be placed to provide a physical shield so that the child does not have visual contact with the defendant and jurors.
(f) If the court does not find under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures will result in the child's inability to effectively communicate, the court may, after taking into consideration the factors specified in (b) of this section, supervise the spatial arrangements of the courtroom and the location, movement, and deportment of all persons in attendance so as to safeguard the child from emotional harm or stress. In addition to other procedures it finds appropriate, the court may
(1) allow the child to testify while sitting on the floor or on an appropriately sized chair;
(2) schedule the procedure in a room that provides adequate privacy, freedom from distractions, informality, and comfort appropriate to the child's developmental age; and
(3) order a recess when the energy, comfort, or attention span of the child warrants.
Secs. 12.45.047 , 12.45.048. Testimony by young victim of sexual offense. [Repealed, § 4 ch 92 SLA 1988.]
Sec. 12.45.049. Privilege relating to domestic violence and sexual assault counseling.
Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 — 18.66.250.
Sec. 12.45.050. Limitation on discovery of statement of prosecution witness.
In a criminal prosecution, no statement or report in the possession of the state which was made by a prosecution witness or prospective prosecution witness (other than the defendant) to an agent of the state may be the subject of subpoena, discovery, or inspection until the witness has testified on direct examination at the preliminary hearing, or in the trial of the case.
Sec. 12.45.060. Discovery after direct examination of witness.
After a witness called by the state has testified on direct examination, the court shall, on motion of the defendant, order the state to produce any statement of the witness in the possession of the state that relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for examination and use.
Sec. 12.45.070. Discovery of portions of statement.
If the state claims that any statement ordered to be produced under AS 12.45.060 contains matter that does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in chambers. Upon delivery the court shall excise the portions of the statement that do not relate to the subject matter of the testimony of the witness. With the material excised, the court shall then direct delivery of the statement to the defendant for the use of the defendant. If, pursuant to this procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. When a statement is delivered to a defendant, the court may recess the trial for the defendant's examination of the statement and preparation for its use in the trial.
Sec. 12.45.080. Disposition of proceeding upon failure of state to comply with order.
If the state elects not to comply with an order of the court to deliver to the defendant a statement or a portion of a statement as the court may direct, the court shall strike from the record the testimony of the witness, and the preliminary hearing or trial shall proceed unless the court in its discretion determines that the interests of justice require that the preliminary hearing be terminated immediately or a mistrial be declared.
Sec. 12.45.082. Definition of "statement".
In AS 12.45.060 — 12.45.080, the term "statement," in relation to any witness called by the state, means
(1) a written statement made by the witness and signed or otherwise adopted or approved by the witness; or
(2) a stenographic, mechanical, electrical, or other recording, or a transcription of the statement that is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement.
Sec. 12.45.083. Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
Sec. 12.45.084. Laboratory report of controlled substances.
(a) In a prosecution under AS 11.71.010 — 11.71.060, a complete copy of an official laboratory report from the Department of Public Safety or a laboratory operated by another law enforcement agency is prima facie evidence of the content, identity, and weight of a controlled substance. The report must be signed by the person performing the analysis and must state that the substance which is the basis of the alleged offense has been weighed and analyzed. In the report, the author shall state with specificity findings as to the content, weight, and identity of the substance.
(b) A sworn statement prepared by the author of the report provided for in (a) of this section must be attached to the report. The statement must set out the identity of the author and include a statement that the author is an employee of the laboratory issuing the report and that performing the analysis is a part of the author's regular duties. The statement must also include an outline of the author's education, training, and experience for performing an analysis. The author shall state that scientifically accepted tests were performed with due caution, and whether to the author's knowledge the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory.
(c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the defendant if the defendant has no attorney, not later than 20 days before a proceeding in which the report is to be used against the accused. However, at a preliminary hearing or grand jury proceeding, the report may be used without having previously been served upon the accused.
(d) The accused or the accused's attorney may demand the testimony of the person signing the report, by serving a written demand showing cause upon the prosecuting attorney within seven days from receipt of the report.
(e) A report issued for use under this section must contain notice of the right of the accused to demand the testimony of the person signing the report.
Sec. 12.45.085. Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
Sec. 12.45.086. Photographic evidence of property wrongfully taken or damaged.
(a) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property, photographs of the property are competent evidence of the property and are admissible in the proceeding to the same extent as if the property had been introduced as evidence.
(b) Photographs of property that are to be introduced as evidence under this section shall be accompanied by a written description of the property, the name of the owner of the property, the location where the alleged crime occurred, the name of the investigating peace officer, the date the photograph was taken, and the name and signature of the photographer. The written description shall be signed by the investigating peace officer under penalty of perjury under AS 09.63.020.
(c) In a prosecution for a violation of AS 11.46.120 — 11.46.150 in which the property is commercial fishing gear as defined in AS 16.43.990, the gear shall be returned to the owner as soon as possible. The prosecutor may obtain photographs of the gear for use as evidence in accordance with (a) and (b) of this section.
Secs. 12.45.087 — 12.45.115. Psychiatric examination; procedure. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
Article 3. Compromise and Satisfaction.
Sec. 12.45.120. Authority to compromise misdemeanors for which victim has civil action.
If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed
(1) by or upon a peace officer, judge, or magistrate while in the execution of the duties of that office;
(2) riotously;
(3) with an intent to commit a felony;
(4) larcenously;
(5) against
(A) a spouse or a former spouse of the defendant;
(B) a parent, grandparent, child, or grandchild of the defendant;
(C) a member of the social unit comprised of those living together in the same dwelling as the defendant; or
(D) a person who is not a spouse or former spouse of the defendant but who previously lived in a spousal relationship with the defendant.
Sec. 12.45.130. Acknowledgment of satisfaction by injured party.
If the party injured appears before the court in which the defendant is bound to appear, at any time before trial, and acknowledges in writing that satisfaction has been received for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed and the defendant discharged. The order is a bar to another prosecution for the same crime.
Sec. 12.45.140. Compromise or stay upon compromise by other means prohibited.
A crime may not be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.
Sec. 12.45.150. Order for private prosecutor to pay costs for malicious prosecution without probable cause. [Repealed, § 1 ch 19 SLA 1987.]
Renumbered as AS 12.45.084.
Chapter 47. Insanity and Competency to Stand Trial.
Sec. 12.47.010. Insanity as affirmative defense.
(a) In a prosecution for a crime, it is an affirmative defense that when the defendant engaged in the criminal conduct, the defendant was unable, as a result of a mental disease or defect, to appreciate the nature and quality of that conduct.
(b) The affirmative defense defined in (a) of this section may not be raised at trial unless the defendant, within 10 days of entering a plea or such later time as the court may for good cause permit, files a written notice of intent to rely on the defense.
(c) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the affirmative defense under (a) of this section.
(d) The affirmative defense specified in (a) of this section is the affirmative defense of insanity. A defendant who successfully raises the affirmative defense of insanity shall be found not guilty by reason of insanity and the verdict shall so state.
Sec. 12.47.020. Mental disease or defect negating culpable mental state.
(a) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a culpable mental state which is an element of the crime. However, evidence of mental disease or defect that tends to negate a culpable mental state is not admissible unless the defendant, within 10 days of entering a plea, or at such later time as the court may for good cause permit, files a written notice of intent to rely on that defense.
(b) When the trier of fact finds that all other elements of the crime have been proved but, as a result of mental disease or defect, there is a reasonable doubt as to the existence of a culpable mental state that is an element of the crime, it shall enter a verdict of not guilty by reason of insanity. A defendant acquitted under this subsection, and not found guilty of a lesser included offense, shall automatically be considered to have established the affirmative defense of insanity under AS 12.47.010. The defendant is then subject to the provisions of AS 12.47.090.
(c) If a verdict of not guilty by reason of insanity is reached under (b) of this section, the trier of fact shall also consider whether the defendant is guilty of any lesser included offense. If the defendant is convicted of a lesser included offense, the defendant shall be sentenced for that offense and shall automatically be considered guilty but mentally ill under AS 12.47.030 and 12.47.050. Upon completion of a sentence for a lesser included offense, a hearing shall be held under AS 12.47.090(c) to determine the necessity of further commitment of the defendant, based on the acquittal for the greater charge under (b) of this section. If the defendant is committed under AS 12.47.090(c), the defendant is subject to the provisions of AS 12.47.090(d) — (i) and (k).
Sec. 12.47.030. Guilty but mentally ill.
(a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law. A defendant found guilty but mentally ill is not relieved of criminal responsibility for criminal conduct and is subject to the provisions of AS 12.47.050.
(b) Evidence of a mental disease or defect that is manifested only by repeated criminal or antisocial conduct is not sufficient to establish that the defendant was guilty but mentally ill under (a) of this section.
Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.
(a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is
(1) guilty;
(2) not guilty;
(3) not guilty by reason of insanity; or
(4) guilty but mentally ill.
(b) To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030.
(c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the dispositions available under AS 12.47.050 and 12.47.090.
Sec. 12.47.050. Disposition of defendant found guilty but mentally ill.
(a) If the trier of fact finds that a defendant is guilty but mentally ill, the court shall sentence the defendant as provided by law and shall enter the verdict of guilty but mentally ill as part of the judgment.
(b) The Department of Corrections shall provide mental health treatment to a defendant found guilty but mentally ill. The treatment must continue until the defendant no longer suffers from a mental disease or defect that causes the defendant to be dangerous to the public peace or safety. Subject to (c) and (d) of this section, the Department of Corrections shall determine the course of treatment.
(c) When treatment terminates under (b) of this section, the defendant shall be required to serve the remainder of the sentence imposed.
(d) Notwithstanding any contrary provision of law, a defendant receiving treatment under (b) of this section may not be released
(1) on furlough under AS 33.30.101 — 33.30.131, except for treatment in a secure setting; or
(2) on parole.
(e) Not less than 30 days before the expiration of the sentence of a defendant found guilty but mentally ill, the commissioner of corrections shall file a petition under AS 47.30.700 for a screening investigation to determine the need for further treatment of the defendant if
(1) the defendant is still receiving treatment under (b) of this section; and
(2) the commissioner has good cause to believe that the defendant is suffering from a mental illness that causes the defendant to be dangerous to the public peace or safety; in this paragraph, "mental illness" has the meaning given in AS 47.30.915.
Sec. 12.47.055. Treatment for other defendants not limited.
Nothing in AS 12.47.050 limits the discretion of the court to recommend, or of the Department of Corrections to provide, psychiatrically indicated treatment for a defendant who is not adjudged guilty but mentally ill.
Sec. 12.47.060. Post conviction determination of mental illness.
(a) In a prosecution for a crime when the affirmative defense of insanity is not raised and when evidence of mental disease or defect of the defendant is not admitted at trial under AS 12.47.020, the defendant or the prosecuting attorney may raise the issue of whether the defendant is guilty but mentally ill. A party that seeks a post-conviction determination of guilty but mentally ill must give notice 10 days before trial of intent to do so; however, this deadline is waived if the opposing party presents evidence or argument at trial tending to show that the defendant may be guilty but mentally ill. A hearing must be held on this issue before the same fact finder that returned the verdict of guilty under procedures set by the court. In cases decided by a jury, at the request of the defendant and with the concurrence of the prosecuting attorney, the court may decide the issue. A waiver of consideration by a jury must be in writing and in person before the court. At the hearing, the fact finder shall determine whether the defendant has been shown to be guilty but mentally ill beyond a reasonable doubt, considering evidence presented at the hearing and any evidence relevant to the issue that was presented at trial.
(b) If the fact finder finds that a defendant is guilty but mentally ill, the court shall sentence the defendant as provided by law and shall enter the finding of guilty but mentally ill as part of the judgment.
(c) A defendant determined to be guilty but mentally ill under this section is subject to the provisions of AS 12.47.050.
(d) In this section, "guilty but mentally ill" has the meaning given in AS 12.47.030.
Sec. 12.47.070. Psychiatric examination.
(a) If a defendant has filed a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or there is reason to doubt the defendant's fitness to proceed, or there is reason to believe that a mental disease or defect of the defendant will otherwise become an issue in the case, the court shall appoint at least two qualified psychiatrists or two forensic psychologists certified by the American Board of Forensic Psychology to examine and report upon the mental condition of the defendant. If the court appoints psychiatrists, the psychiatrists may select psychologists to provide assistance. If the defendant has filed notice under AS 12.47.090(a), the report shall consider whether the defendant can still be committed under AS 12.47.090(c). The court may order the defendant to be committed to a secure facility for the purpose of the examination for not more than 60 days or such longer period as the court determines to be necessary for the purpose and may direct that a qualified psychiatrist retained by the defendant be permitted to witness and participate in the examination.
(b) In an examination under (a) of this section, any method may be employed which is accepted by the medical profession for the examination of those alleged to be suffering from mental disease or defect.
(c) The report of an examination under (a) of this section shall include the following:
(1) a description of the nature of the examination;
(2) a diagnosis of the mental condition of the defendant;
(3) if the defendant suffers from a mental disease or defect, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's defense;
(4) if a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010(b) has been filed, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the nature and quality of the defendant's conduct was impaired at the time of the crime charged; and
(5) if notice has been filed under AS 12.47.020(a), an opinion as to the capacity of the defendant to have a culpable mental state which is an element of the crime charged.
(d) If the examination under (a) of this section cannot be conducted by reason of the unwillingness of the defendant to participate in it, the report shall so state and shall include, if possible, an opinion as to whether the unwillingness of the defendant was the result of mental disease or defect.
(e) The report of the examination under (a) of this section shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.
Sec. 12.47.080. Procedure upon verdict of not guilty.
(a) If a defendant is found not guilty under AS 12.47.040(a)(2), the prosecuting attorney shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney has good cause to believe that the defendant is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others.
(b) In this section, "mental illness" has the meaning given in AS 47.30.915.
Sec. 12.47.090. Procedure after raising defense of insanity.
(a) At the time the defendant files notice to raise the affirmative defense of insanity under AS 12.47.010 or files notice under AS 12.47.020(a), the defendant shall also file notice as to whether, if found not guilty by reason of insanity under AS 12.47.010 or 12.47.020(b), the defendant will assert that the defendant is not presently suffering from any mental illness that causes the defendant to be dangerous to the public peace or safety.
(b) If the defendant is found not guilty by reason of insanity under AS 12.47.010 or 12.47.020(b), and has not filed the notice required under (a) of this section, the court shall immediately commit the defendant to the custody of the commissioner of health and social services.
(c) If the defendant is found not guilty by reason of insanity under AS 12.47.010 or 12.47.020(b), and has filed the notice required under (a) of this section, a hearing shall be held immediately after a verdict of not guilty by reason of insanity to determine the necessity of commitment. The hearing shall be held before the same trier of fact as heard the underlying charge. At the hearing, the defendant has the burden of proving by clear and convincing evidence that the defendant is not presently suffering from any mental illness that causes the defendant to be dangerous to the public. If the court or jury determines that the defendant has failed to meet the burden of proof, the court shall order the defendant committed to the custody of the commissioner of health and social services. If the hearing is before a jury, the verdict must be unanimous.
(d) A defendant committed under (b) or (c) of this section shall be held in custody for a period of time not to exceed the maximum term of imprisonment for the crime for which the defendant was acquitted under AS 12.47.010 or 12.47.020(b) or until the mental illness is cured or corrected as determined at a hearing under (e) of this section.
(e) A defendant committed under (b) or (c) of this section may have the need for continuing commitment under this section reviewed by the court sitting without a jury under a petition filed in the superior court at intervals beginning no sooner than a year from the defendant's initial commitment, and yearly thereafter. The burden and standard of proof at a hearing under this subsection are the same as at a hearing under (c) of this section. A copy of all petitions for release shall be served on the attorney general at Juneau, Alaska. A copy shall also be served upon the attorney of record, if the attorney of record is not the attorney general, who represented the state or a municipality at the time the defendant was first committed.
(f) Continued commitment following expiration of the maximum term of imprisonment for the crime for which the defendant was acquitted under AS 12.47.010 or 12.47.020(b) is governed by the standards pertaining to civil commitments as set out in AS 47.30.735.
(g) A person committed under this section may not be released during the term of commitment except upon court order following a hearing in accordance with (e) of this section. On the grounds that the defendant has been cured of any mental illness that would cause the defendant to be dangerous to the public peace or safety, the state may at any time request the court to hold a hearing to decide if the defendant should be released.
(h) The commissioner of health and social services or the commissioner's authorized representative shall submit periodic written reports to the court on the mental condition of a person committed under this section.
(i) An order entered under (c) or (e) of this section may be reviewed by the court of appeals on appeal brought by either the defendant or the state within 40 days from the entry of the order.
(j) If the court finds that a defendant committed under (b) or (c) of this section can be adequately controlled and treated in the community with proper supervision, the court may order the defendant conditionally released from confinement under AS 12.47.092 for a period of time not to exceed the maximum term of imprisonment for the crime for which the defendant was acquitted under AS 12.47.010 or 12.47.020(b) or until the mental illness is cured or corrected, whichever first occurs, as determined at a hearing under (c) of this section.
(1) "dangerous" means a determination involving both the magnitude of the risk that the defendant will commit an act threatening the public peace or safety, as well as the magnitude of the harm that could be expected to result from this conduct; a finding that a defendant is "dangerous" may result from a great risk of relatively slight harm to persons or property, or may result from a relatively slight risk of substantial harm to persons or property;
(2) "mental illness" means any mental condition that increases the propensity of the defendant to be dangerous to the public peace or safety; however, it is not required that the mental illness be sufficient to exclude criminal responsibility under AS 12.47.010, or that the mental illness presently suffered by the defendant be the same one the defendant suffered at the time of the criminal conduct.
Sec. 12.47.092. Procedure for conditional release.
(a) A defendant committed to the custody of the commissioner of health and social services under AS 12.47.090(b) or (c) may be conditionally released from confinement subject to the conditions and requirements for treatment that the court may impose, and placed under the supervision of the Department of Health and Social Services, a local government agency, a private agency, or an adult, who agrees to assume supervision of the defendant.
(b) The commissioner of health and social services or the commissioner's authorized representative shall submit, at a minimum, quarterly written reports to the court describing the defendant's progress in treatment, compliance with conditions of release, and other information required by the court for defendants conditionally released under this section.
(c) A person or agency responsible for supervision or treatment under an order for conditional release shall immediately notify the commissioner of health and social services upon the defendant's failure to appear for required medication or treatment, or for failure to comply with other conditions imposed by the court.
(d) If the court, after petition or on its own motion, reasonably believes that a conditionally released defendant is failing to adhere to the terms and conditions of the conditional release, the court may order that the conditionally released defendant be apprehended and held until a hearing can be scheduled with the court to determine the facts and whether or not the defendant's conditional release should be revoked or modified. Nothing in this subsection is intended to limit procedures available for emergency situations, including emergency detention under AS 47.30.705.
(e) The commissioner of health and social services or the conditionally released defendant may petition the court for modification of an order of conditional release. A petition by the defendant for modification of conditional release may not be filed more often than once every six months.
(f) A defendant conditionally released under AS 12.47.090(j) may petition the court for discharge in accordance with AS 12.47.090(e).
Sec. 12.47.095. Notice to victims.
(a) If an offender has been committed to the custody of the commissioner of health and social services under AS 12.47.090, the victim of that crime is entitled to notice of a pending or actual change in the status of the offender. The commissioner of health and social services shall give notice as required by this section if
(1) the offender has been continued in commitment following expiration of the maximum term of imprisonment under AS 12.47.090(f) and the commissioner gives notice of release of the offender;
(2) the court is to consider modification of an order of conditional release for the offender under AS 12.47.092(e);
(3) a court is to consider conditional release of the offender under AS 12.47.090(j) and 12.47.092(a);
(4) the offender petitions for discharge under AS 12.47.092(f); or
(5) the offender escapes, is released from custody on conditional release, furlough or authorized absence, or is discharged or released from custody for any reason.
(b) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of health and social services. The commissioner shall send the notice required by this section to the victim's last known address. The victim's address may not be disclosed to the offender or offender's attorney.
(c) The commissioner of health and social services is required to give notice of a change in the status of an offender under this section to any victim who has requested notice.
(d) If more than one person who qualifies as a victim under AS 12.55.185 desires notice, the commissioner of health and social services shall designate one person for purposes of receiving any notice required and exercising the rights granted by this section.
(e) A victim who has received notice under (a) of this section that a change in the status of the offender is pending before a court has the right to submit to the court a written statement, or to appear personally at a hearing to present a written statement, and to give sworn testimony or an unsworn oral presentation to the court.
(1) "offender" has the meaning given in AS 12.61.020;
(2) "victim" has the meaning given in AS 12.55.185.
Sec. 12.47.100. Incompetency to proceed.
(a) A defendant who, as a result of mental disease or defect, is incompetent because the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense may not be tried, convicted, or sentenced for the commission of a crime so long as the incompetency exists.
(b) If, before imposition of sentence, the prosecuting attorney or the attorney for the defendant has reasonable cause to believe that the defendant is presently suffering from a mental disease or defect that causes the defendant to be unable to understand the proceedings or to assist in the person's own defense, the attorney may file a motion for a judicial determination of the competency of the defendant. Upon that motion, or upon its own motion, the court shall have the defendant examined by at least one qualified psychiatrist or psychologist, who shall report to the court concerning the competency of the defendant. For the purpose of the examination, the court may order the defendant committed for a reasonable period to a suitable hospital or other facility designated by the court. If the report of the psychiatrist or psychologist indicates that the defendant is incompetent, the court shall hold a hearing, upon due notice, at which evidence as to the competency of the defendant may be submitted, including that of the reporting psychiatrist or psychologist, and make appropriate findings. Before the hearing, the court shall, upon request of the prosecuting attorney, order the defendant to submit to an additional evaluation by a psychiatrist or psychologist designated by the prosecuting attorney.
(c) A defendant is presumed to be competent. The party raising the issue of competency bears the burden of proving the defendant is incompetent by a preponderance of the evidence. When the court raises the issue of competency, the burden of proving the defendant is incompetent shall be on the party who elects to advocate for a finding of incompetency. The court shall then apply the preponderance of the evidence standard to determine whether the defendant is competent.
(d) A statement made by the defendant in the course of an examination into the person's competency under this section, whether the examination is with or without the consent of the defendant, may not be admitted in evidence against the defendant on the issue of guilt in a criminal proceeding unless the defendant later relies on a defense under AS 12.47.010 or 12.47.020. A finding by the judge that the defendant is competent to stand trial in no way prejudices the defendant in a defense based on insanity; the finding may not be introduced in evidence on that issue or otherwise be brought to the notice of the jury.
(e) In determining whether a person has sufficient intellectual functioning to adapt or cope with the ordinary demands of life, the court shall consider whether the person has obtained a driver's license, is able to maintain employment, or is competent to testify as a witness under the Alaska Rules of Evidence.
(f) In determining if the defendant is unable to understand the proceedings against the defendant, the court shall consider, among other factors considered relevant by the court, whether the defendant understands that the defendant has been charged with a criminal offense and that penalties can be imposed; whether the defendant understands what criminal conduct is being alleged; whether the defendant understands the roles of the judge, jury, prosecutor, and defense counsel; whether the defendant understands that the defendant will be expected to tell defense counsel the circumstances, to the best of the defendant's ability, surrounding the defendant's activities at the time of the alleged criminal conduct; and whether the defendant can distinguish between a guilty and not guilty plea.
(g) In determining if the defendant is unable to assist in the defendant's own defense, the court shall consider, among other factors considered relevant by the court, whether the defendant's mental disease or defect affects the defendant's ability to recall and relate facts pertaining to the defendant's actions at times relevant to the charges and whether the defendant can respond coherently to counsel's questions. A defendant is able to assist in the defense even though the defendant's memory may be impaired, the defendant refuses to accept a course of action that counsel or the court believes is in the defendant's best interest, or the defendant is unable to suggest a particular strategy or to choose among alternative defenses.
(h) In a hearing to determine competency under this section, the court may, at the court's discretion, allow a witness, including a psychiatrist or psychologist who examined the defendant, to testify concerning the competency of the defendant by contemporaneous two-way video conference if the witness is in a place from which people customarily travel by air to the court, and the procedure allows the parties a fair opportunity to examine the witness. The video conference technician shall be the only person in the presence of the witness unless the court, at the court's discretion, determines that another person may be present. Any person present with the witness must be identified on the record. In this subsection, "contemporaneous two-way video conference"
(1) means a conference among people at different places by means of transmitted audio and video signals;
(2) includes all communication technologies that allow people at two or more places to interact by two-way video and audio transmissions simultaneously.
Sec. 12.47.110. Commitment on finding of incompetency.
(a) When the trial court determines by a preponderance of the evidence, in accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense, the court shall order the proceedings stayed, except as provided in (d) of this section, and shall commit a defendant charged with a felony, and may commit a defendant charged with any other crime, to the custody of the commissioner of health and social services or the commissioner's authorized representative for further evaluation and treatment until the defendant is mentally competent to stand trial, or until the pending charges against the defendant are disposed of according to law, but in no event longer than 90 days.
(b) On or before the expiration of the initial 90-day period of commitment, the court shall conduct a hearing to determine whether or not the defendant remains incompetent. If the court finds by a preponderance of the evidence that the defendant remains incompetent, the court may recommit the defendant for a second period of 90 days. The court shall determine at the expiration of the second 90-day period whether the defendant has become competent. If, at the expiration of the second 90-day period, the court determines that the defendant continues to be incompetent to stand trial, the charges against the defendant shall be dismissed without prejudice, and continued commitment of the defendant shall be governed by the provisions relating to civil commitments under AS 47.30.700 — 47.30.915 unless the defendant is charged with a crime involving force against a person and the court finds that the defendant presents a substantial danger of physical injury to other persons and that there is a substantial probability that the defendant will regain competency within a reasonable period of time, in which case the court may extend the period of commitment for an additional six months. If the defendant remains incompetent at the expiration of the additional six-month period, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 — 47.30.915. If the defendant remains incompetent for five years after the charges have been dismissed under this subsection, the defendant may not be charged again for an offense arising out of the facts alleged in the original charges, except if the original charge is a class A felony or unclassified felony.
(c) The defendant is not responsible for the expenses of hospitalization or transportation incurred as a result of the defendant's commitment under this section. Liability for payment under AS 47.30.910 does not apply to commitments under this section.
(d) A defendant receiving medication for either a physical or a mental condition may not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings and to properly assist in the defendant's defense or does not disable the defendant from understanding the proceedings and assisting in the defendant's own defense.
(e) A defendant charged with a felony and found to be incompetent to proceed under this section is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to self or others in proceedings under AS 47.30.700 — 47.30.915. In evaluating whether a defendant is likely to cause serious harm, the court may consider as recent behavior the conduct with which the defendant was originally charged.
Sec. 12.47.120. Determination of sanity after commitment.
(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, evidence as to the mental condition of the accused may be submitted including reports by the custodian to whom the accused was committed for care.
(b) If at the hearing the court determines that the accused is presently mentally competent to understand the nature of the proceedings against the accused and to assist in the accused's own defense, appropriate criminal proceedings may be commenced against the accused.
(c) If at the hearing the court determines that the accused is still presently mentally incompetent, the court shall recommit the accused in accordance with AS 12.47.110.
(d) A finding by the court that the accused is mentally competent to stand trial in no way prejudices the accused in a defense based on mental disease or defect excluding responsibility. This finding may not be introduced in evidence on that issue or otherwise brought to the notice of the jury.
(1) "affirmative defense" has the meaning given in AS 11.81.900(b);
(2) "assist in the defendant's own defense" means to consult with a lawyer while exercising a reasonable degree of rational functioning;
(3) "culpable mental state" has the meaning given in AS 11.81.900(b);
(4) "incompetent" means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
(5) "mental disease or defect" means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; "mental disease or defect" also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
(6) "understand the proceedings against the defendant" means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.
Article 1. Uniform Act to Secure Attendance in Criminal Proceedings.
Chapter 50. Witnesses.
Sec. 12.50.010. Witness subpoenaed in this state to testify in another state.
(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within the state to attend and testify in this state certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in that prosecution or grand jury investigation, and that the presence of that person will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the judicial district in which the person is, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the subpoena. In any such hearing the certificate shall be prima facie evidence of all of the facts stated therein.
(c) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for said hearing; and if the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing subpoena, order that the witness be immediately taken into custody and delivered to an officer of the requesting state.
(d) If the witness who is subpoenaed as provided in this section, after being paid or tendered by a properly authorized person a sum equivalent to the cost of air fare round trip passage on a certificated carrier or such prepaid passage and reasonable incidental travel allowance for going to and from airports plus $20 per day for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of a witness who disobeys a subpoena issued from a court of record in this state.
Sec. 12.50.020. Witness from another state subpoenaed to testify in this state.
(a) If a person in a state which by its laws has made provision for commanding persons inside its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state as a material witness in a criminal action pending in a court of record of this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure attendance in this state. This certificate shall be presented to a judge of a court of record in the county or judicial district in which the witness is found. This order of a court in the other state delivering custody of a witness to an officer of this state shall be sufficient authority to an officer of this state to take the witness into custody and hold the witness until discharged by a court of this state.
(b) If the witness is subpoenaed to attend and testify in this state the witness shall be tendered a sum equivalent to the cost of air fare round trip passage on a certificated carrier or such prepaid passage and reasonable incidental travel allowance for going to and from airports plus $20 per day for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
Sec. 12.50.030. Immunity of witness from arrest or service of process.
If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person shall not, while in this state pursuant to the subpoena, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before entering this state under the subpoena.
Sec. 12.50.040. Immunity of foreign witness passing through state from arrest or process.
If a person passes through this state while going to another state in obedience to a subpoena to attend and testify in that state or while returning therefrom, the person shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before entering this state under the subpoena.
Sec. 12.50.050. Party seeking witness.
The right to obtain witnesses under AS 12.50.010 — 12.50.080 in criminal proceedings shall extend to the state or a defendant. Witness fees shall be paid by the party calling the witness, except as provided in Rule 17(b), Alaska Rules of Criminal Procedure. If the time estimate in the certificate of the requesting court is exceeded, the nonindigent defendant shall be required to tender additional per diem or post bond to insure payment of total witness fees.
Sec. 12.50.060. Uniformity of interpretation.
AS 12.50.010 — 12.50.080 shall be so interpreted and construed as to effectuate the general purpose to make uniform the laws of the states which enact similar legislation.
(1) "state" means a state, territory of the United States, and the District of Columbia;
(2) "subpoena" includes a summons in a state where a summons is used in lieu of subpoena, order, or other notice requiring the appearance of a witness; the word subpoena also includes a subpoena duces tecum;
(3) "witness" includes a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
AS 12.50.010 — 12.50.080 may be cited as the Uniform Act to Secure Attendance of Witnesses in Criminal Proceedings.
Secs. 12.50.090 — 12.50.100. Material witnesses. [Repealed, § 2 ch 20 SLA 1966. For current law, see AS 12.30.050.]
For current law, see AS 12.30.050.
Article 2. Witness Immunity.
Sec. 12.50.101. Immunity of witnesses.
(a) If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a criminal proceeding before or ancillary to a court or grand jury of this state, and a judge issues an order under (b) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. If the witness fully complies with the order, the witness may not be prosecuted for an offense about which the witness is compelled to testify, except in a prosecution based on perjury, giving a false statement or otherwise knowingly providing false information, or hindering prosecution.
(b) In the case of an individual who has been or may be called to testify or provide other information in a criminal proceeding before or ancillary to a court or a grand jury of this state, a superior or district court for the judicial district in which the proceeding is or may be held shall issue, upon the application of the attorney general or the attorney general's designee in accordance with (d) of this section, an order requiring the individual to give testimony or provide other information that the individual refuses to give or provide based on the privilege against self-incrimination.
(c) An order issued under (b) of this section is effective when communicated to the individual specified in the order.
(d) The attorney general or the attorney general's designee may apply for an order under (b) of this section when, in the judgment of the attorney general or the attorney general's designee,
(1) the testimony or other information may be necessary to the administration of criminal justice; and
(2) the individual who is the subject of the application has refused or is likely to refuse to testify or to provide other information on the basis of the privilege against self-incrimination.
(e) If a witness refuses, or there is reason to believe the witness will refuse, to testify or provide other information based on the privilege against self-incrimination, and if the attorney general or the attorney general's designee has not applied for an order under (b) of this section, the court shall inform the witness of the right to be represented by an attorney, and that an attorney will be appointed for the witness if the witness qualifies for counsel under AS 18.85. The court shall recess the proceeding to allow the witness to consult with the attorney for the witness.
(f) If the attorney general or the attorney general's designee declines to seek an order under (b) of this section after the witness has had an opportunity to consult with an attorney, and the witness continues to refuse to testify or provide other information, the court shall hold a hearing to determine the validity of the claim of privilege by the witness. The hearing shall be in camera.
(g) At the hearing under (f) of this section, the attorney for the witness, in the form of a proffer, shall describe the testimony or other information that the witness claims is privileged. The proffer must include a description of how the testimony or other information could connect the witness with a crime. The proffer is privileged and inadmissible for any other purpose. If the proffer establishes a factual basis that there is a real or substantial danger that the testimony or other information to be compelled would support a conviction or would furnish a link in the chain of evidence leading to conviction for a crime, the court may find that the witness has a valid claim of privilege.
(h) If the court finds that the witness has a valid claim of privilege, it shall advise an attorney designated by the attorney general of that finding and inform the attorney of the category or categories of offense to which the privilege applies: a higher-level felony, a lower-level felony, or a misdemeanor. If the designated attorney decides that granting immunity to the witness is appropriate, the designated attorney shall inform the prosecution of that decision, and shall deliver or cause to be delivered a letter to the witness, or an attorney for the witness, granting immunity to the witness. The designated attorney may not disclose the category of offense to anyone.
(1) "higher-level felony" means an unclassified or class A felony;
(2) "lower-level felony" means a class B or class C felony;
(3) "other information" means books, papers, documents, records, recordings, or other similar material;
(4) "proffer" means a written or oral statement by the attorney for the witness, stating the attorney's good faith belief of the substance of the witness's testimony or other information.
Article 3. Temporary Detention and Identification of Persons.
Sec. 12.50.201. Temporary detention and identification of persons.
(a) A peace officer may temporarily detain a person under circumstances that give the officer reasonable suspicion that
(1) the person witnessed or was at or near the scene of the commission of a felony crime against a person under AS 11.41, arson under AS 11.46.400 or 11.46.410, criminal mischief under AS 11.46.475 or 11.46.480, or misconduct involving weapons under AS 11.61.190 or 11.61.195(a)(3);
(2) the person has information of material aid in the investigation of that crime; and
(3) the temporary detention of the person is reasonably necessary to obtain or verify the identification of the person, to obtain an account of the crime, to protect a crime victim from imminent harm, or for other exigent circumstances.
(b) A peace officer who temporarily detains a person under (a) of this section may
(1) detain the person only as long as reasonably necessary to accomplish the purposes of that subsection;
(2) take one or more photographs of the person, if photographs can be taken without unreasonably delaying the person or removing the person from the vicinity; and
(3) if the person does not provide valid government-issued photographic identification or other valid identification that the officer finds to be reliable to identify the person, or the officer has reasonable suspicion that the identification is not valid,
(A) serve a subpoena on the person to appear before the grand jury where the crime was committed; and
(B) take the person's fingerprint impressions if
(i) the crime under investigation is murder, attempted murder, or misconduct involving weapons under AS 11.61.190 or 11.61.195(a)(3); and
(ii) fingerprint impressions can be taken without unreasonably delaying the person or removing the person from the vicinity.
(c) A peace officer electing to serve a subpoena under (b) of this section may not require the person to sign the subpoena or another document. The officer or the subpoena must advise the person that failure to honor the subpoena may be punishable as criminal contempt of court under AS 09.50.010. A person receiving a subpoena to testify under (b) of this section may request the district attorney to withdraw the subpoena if, before the grand jury proceeding for which the person has been served a subpoena to appear, the person provides the peace officer who served the subpoena or the lead investigator with valid government-issued photographic identification or other valid identification that the officer or lead investigator finds to be reliable to identify the person.
(d) Photographs or fingerprints taken under (b) of this section
(1) may be used for identification purposes only, and not for criminal investigative purposes unless it is determined that the person is suspected of committing a crime within the scope of the investigation; and
(2) must be destroyed upon the earlier of the following occurrences unless it is determined that the person is suspected of committing a crime within the scope of the investigation:
(A) the person has testified in a grand jury or court proceeding in connection with the matter under investigation; or
(B) completion of the prosecution of the crime being investigated.
(e) This section does not limit the authority of peace officers to investigate crimes, to collect evidence, to photograph crime scenes, evidence, or bystanders, to issue lawful court process, or to ensure the welfare of crime victims or other persons.
(f) A person who refuses or resists the taking of photographs or fingerprints under this section commits a class B misdemeanor, punishable as provided in AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10 days.
(g) Notwithstanding (f) of this section, if the person establishes that the person does not have information of material aid in the investigation of the crime, it is within the discretion of the court to determine that this is a civil matter punishable by a civil fine of not more than $1,000.
Chapter 55. Sentencing and Probation.
The purpose of this chapter is to provide the means for determining the appropriate sentence to be imposed upon conviction of an offense. The legislature finds that the elimination of unjustified disparity in sentences and the attainment of reasonable uniformity in sentences can best be achieved through a sentencing framework fixed by statute as provided in this chapter. In imposing sentence, the court shall consider
(1) the seriousness of the defendant's present offense in relation to other offenses;
(2) the prior criminal history of the defendant and the likelihood of rehabilitation;
(3) the need to confine the defendant to prevent further harm to the public;
(4) the circumstances of the offense and the extent to which the offense harmed the victim or endangered the public safety or order;
(5) the effect of the sentence to be imposed in deterring the defendant or other members of society from future criminal conduct;
(6) the effect of the sentence to be imposed as a community condemnation of the criminal act and as a reaffirmation of societal norms; and
(7) the restoration of the victim and the community.
Sec. 12.55.010. Imprisonment on judgment for payment of fine. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 12.55.035(a).]
Sec. 12.55.011. Victim and community involvement in sentencing.
(a) A court, when considering the sentence to be imposed under this chapter for an offense other than a violation of AS 11.41, AS 11.46.400, or a crime involving domestic violence, may permit the victim and the offender to submit a sentence for the court's review based upon a negotiated agreement between the victim and the offender, or between the offender and the community if there is no victim. The court may, with the consent of the victim and the offender, impose the sentence that has been determined by the negotiated agreement between the offender and the victim, or between the offender and the community if there is no victim, if that sentence otherwise complies with this chapter and accomplishes the goals of restoration of the victim and the community and rehabilitation of the offender. Before accepting a negotiated agreement, the court shall determine that the victim has not been intimidated or coerced in reaching the agreement. In this section, "community" has the meaning determined by the court.
(b) At the time of sentencing, the court shall, if practicable, provide the victim with a form that
(1) provides information on
(A) whom the victim should contact if the victim has questions about the sentence or release of the offender;
(B) the potential for release of the offender on furlough, probation, or parole or for good time credit; and
(2) allows the victim to update the victim's contact information with the court, the Victim Information and Notification Everyday service, and the Department of Corrections.
Sec. 12.55.015. Authorized sentences; forfeiture.
(a) Except as limited by AS 12.55.125 — 12.55.175, the court, in imposing sentence on a defendant convicted of an offense, may singly or in combination
(1) impose a fine when authorized by law and as provided in AS 12.55.035;
(2) order the defendant to be placed on probation under conditions specified by the court that may include provision for active supervision;
(3) impose a definite term of periodic imprisonment, but only if an employment obligation of the defendant preexisted sentencing and the defendant receives a composite sentence of not more than two years to serve;
(4) impose a definite term of continuous imprisonment;
(5) order the defendant to make restitution under AS 12.55.045;
(6) order the defendant to carry out a continuous or periodic program of community work under AS 12.55.055;
(7) suspend execution of all or a portion of the sentence imposed under AS 12.55.080;
(8) suspend entry of judgment under AS 12.55.078 or suspend imposition of sentence under AS 12.55.085;
(9) order the forfeiture to the commissioner of public safety or a municipal law enforcement agency of a deadly weapon that was in the actual possession of or used by the defendant during the commission of an offense described in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;
(10) order the defendant, while incarcerated, to participate in or comply with the treatment plan of a rehabilitation program that is related to the defendant's offense or to the defendant's rehabilitation if the program is made available to the defendant by the Department of Corrections;
(11) order the forfeiture to the state of a motor vehicle, weapon, electronic communication device, or money or other valuables, used in or obtained through an offense that was committed for the benefit of, at the direction of, or in association with a criminal street gang;
(12) order the defendant to have no contact, either directly or indirectly, with a victim or witness of the offense until the defendant is unconditionally discharged;
(13) order the defendant to refrain from consuming alcoholic beverages for a period of time.
(b) The court, in exercising sentencing discretion as provided in this chapter, shall impose a sentence involving imprisonment when
(1) the defendant deserves to be imprisoned, considering the seriousness of the present offense and the defendant's prior criminal history, and imprisonment is equitable considering sentences imposed for other offenses and other defendants under similar circumstances;
(2) imprisonment is necessary to protect the public from further harm by the defendant; or
(3) sentences of lesser severity have been repeatedly imposed for substantially similar offenses in the past and have proven ineffective in deterring the defendant from further criminal conduct.
(c) In addition to the penalties authorized by this section, the court may invoke any authority conferred by law to order a forfeiture of property, suspend or revoke a license, remove a person from office, or impose any other civil penalty. When forfeiting property under this subsection, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state.
(e) If the defendant is ordered to serve a definite term of imprisonment, the court may recommend that the defendant serve all or part of the term
(1) in a correctional restitution center;
(2) by electronic monitoring.
(f) Notwithstanding (a) of this section, the court shall order the forfeiture to the commissioner of public safety or a municipal law enforcement agency of a deadly weapon that was in the actual possession of or used by the defendant during the commission of a crime involving domestic violence.
(g) Unless a defendant is ineligible for a deduction under AS 33.20, when a defendant is sentenced to a term of imprisonment of two years or more, the sentence consists of two parts: (1) a minimum term of imprisonment that is equal to not less than two-thirds of the total term of imprisonment; and (2) a maximum term of supervised release on mandatory parole that is equal to not more than one-third of the total term of imprisonment; the amount of time that the inmate actually serves in imprisonment and on supervised release is subject to the provisions of AS 33.20.010 — 33.20.060.
(h) In addition to penalties authorized by this section, the court shall order a person convicted of an offense requiring the state to collect a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035 to submit to the collection of
(1) the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples; or
(2) an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer.
(i) In addition to penalties authorized by this section, the court may order a defendant convicted of a violation of AS 11.41.410 or 11.41.434 where the victim of the offense was under 13 years of age to be subject to electronic monitoring up to the maximum length of probation on the person's release from a correctional facility.
(j) Nothing in (a)(13) of this section limits or restricts the authority of a court to order a person to refrain from the consumption of alcohol as a condition of sentence or probation.
(k) In this section "deadly weapon" has the meaning given in AS 11.81.900.
Sec. 12.55.020. Enforcing judgment to pay money. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 12.55.025(f), AS 12.55.035(a), (d) and AS 12.55.051.]
Sec. 12.55.022. Victim impact statement.
As part of the presentence report prepared on each felony offender, the probation officer shall prepare a victim impact statement reporting the following information:
(1) the financial, emotional, and medical effects of the offense on the victim;
(2) the need of the victim for restitution; and
(3) any other information required by the court.
Sec. 12.55.023. Participation by victim in sentencing.
(a) If a victim requests, the prosecuting attorney shall provide the victim, before the sentencing hearing, with a copy of the following portions of the presentence report:
(1) the summary of the offense prepared by the Department of Corrections;
(2) the defendant's version of the offense;
(3) all statements and summaries of statements of the victim;
(4) the sentence recommendation of the Department of Corrections; and
(5) letters of support submitted to the court for consideration.
(b) A victim may submit to the sentencing court a written statement that the victim believes is relevant to the sentencing decision and may give sworn testimony or make an unsworn oral presentation to the court at the sentencing hearing. If there are numerous victims, the court may reasonably limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing. When requested by the victim of a felony or a class A misdemeanor, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41, when the victim does not submit a statement, give testimony, or make an oral presentation, the victims' advocate may submit a written statement or make an unsworn oral presentation at the sentencing hearing on behalf of the victim.
Sec. 12.55.025. Sentencing procedures.
(a) When imposing a sentence for conviction of a felony offense or a sentence of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that includes the following:
(1) a verbatim record of the sentencing hearing and any other in-court sentencing procedures;
(2) findings on material issues of fact and on factual questions required to be determined as a prerequisite to the selection of the sentence imposed;
(3) a clear statement of the terms of the sentence imposed; if a term of imprisonment is imposed, the statement must include
(A) the approximate minimum term the defendant is expected to serve before being released or placed on mandatory parole if the defendant is eligible for and does not forfeit good conduct deductions under AS 33.20.010; and
(B) if applicable, the approximate minimum term of imprisonment the defendant must serve before becoming eligible for release on discretionary parole;
(4) any recommendations as to the place of confinement or the manner of treatment; and
(5) in the case of a conviction for a felony offense, information assessing
(A) the financial, emotional, and medical effects of the offense on the victim;
(B) the need of the victim for restitution; and
(C) any other information required by the court.
(b) The sentencing report required under (a) of this section shall be furnished within 30 days after imposition of sentence to the Department of Law, the defendant, the Department of Corrections, the state Board of Parole if the defendant will be eligible for parole, and to the Alcoholic Beverage Control Board if the defendant is to be sentenced for a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted under AS 04.21.010.
(c) Except as provided in (d) of this section, when a defendant is sentenced to imprisonment, the term of confinement commences on the date of imposition of sentence unless the court specifically provides that the defendant must report to serve the sentence on another date. If the court provides another date to begin the term of confinement, the court shall provide the defendant with written notice of the date, time, and location of the correctional facility to which the defendant must report. A defendant shall receive credit for time spent in custody pending trial, sentencing, or appeal, if the detention was in connection with the offense for which sentence was imposed including a technical violation of probation as provided in AS 12.55.110. A defendant may not receive credit for more than the actual time spent in custody pending trial, sentencing, or appeal. The time during which a defendant is voluntarily absent from official detention after the defendant has been sentenced may not be credited toward service of the sentence.
(d) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If an appeal is taken and the defendant is not admitted to bail, the Department of Corrections shall designate the facility in which the defendant shall be detained pending appeal or admission to bail.
(f) A sentence that the defendant pay money, either as a fine or in restitution or both, constitutes a lien in the same manner as a judgment for money entered in a civil action. Nothing in this section limits the authority of the court to otherwise enforce payment of a fine or restitution.
(h) [Repealed, § 7 ch 125 SLA 2004.]
(i) Except as otherwise provided in this chapter, the preponderance of the evidence standard of proof applies to sentencing proceedings.
(j) The approximate minimum terms provided under (a)(3) of this section in the sentencing report are for information purposes only. The approximate minimum terms are not part of the sentence imposed and do not form a basis for review or appeal of the sentence imposed or provide a defendant with a right to any specific term of imprisonment or supervised release on mandatory parole.
(k) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail in connection with an offense for which the defendant is being sentenced, the defendant shall file notice with the court and the prosecutor 10 days before the sentencing hearing. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except as provided in (l) of this section, except for good cause, a court may not consider a request for credit made under this subsection more than 90 days after the sentencing hearing.
(l) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail while pending appeal, the defendant shall file notice with the court and the prosecutor not later than 90 days after return of the case to the trial court following appeal. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except for good cause, the court may not consider a request for credit made under this subsection after the deadline.
Sec. 12.55.027. Credit for time spent toward service of a sentence of imprisonment.
(a) A court may grant a defendant credit toward a sentence of imprisonment for time spent in a treatment program that furthers the reformation and rehabilitation of the defendant if the court finds that the program places a substantial restriction on the defendant's freedom of movement and behavior and is consistent with this section.
(b) A court may only grant credit under this section
(1) in the amount of one day of credit toward a sentence of imprisonment for each full day the defendant spent in a treatment program; and
(2) if the court ordered the defendant to participate in and comply with the conditions of the treatment program before the defendant entered the program.
(c) In granting credit toward a sentence of imprisonment for time spent in a treatment program, a court shall consider the following factors:
(1) the restrictions on the defendant's freedom of movement and behavior;
(2) the circumstances under which the defendant was enrolled in the program;
(3) the residency requirements of the program;
(4) the physical custody and supervision of the defendant at the program;
(5) the circumstances under which the defendant is permitted to leave the program's facility;
(6) the rules of the program and the requirement that the defendant obey the orders of persons who have immediate custody or control over the defendant;
(7) the sanctions on the defendant for violating the program's rules or orders;
(8) whether the defendant is subject to arrest for leaving the program's facility without permission;
(9) the use of an electronic monitoring device;
(10) whether the program provides substance abuse treatment;
(11) the use of other technology that monitors or restricts the defendant's movement and behavior;
(12) other factors that support the court's finding that the program places a substantial restriction on the defendant's freedom of movement and behavior;
(13) other factors that support the court's finding that the program furthers the reformation and rehabilitation of the defendant.
(d) A court may grant credit against a sentence of imprisonment for time spent under electronic monitoring if the person has not committed a criminal offense while under electronic monitoring and the court imposes restrictions on the person's freedom of movement and behavior while under the electronic monitoring program, including requiring the person to be confined to a residence except for a
(1) court appearance;
(2) meeting with counsel; or
(3) period during which the person is at a location ordered by the court for the purposes of employment, attending educational or vocational training, performing community volunteer work, or attending a rehabilitative activity or medical appointment.
(e) If a defendant intends to claim credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring either as a condition of probation or as a condition of bail release after a petition to revoke probation has been filed, the defendant shall file notice with the court and the prosecutor 10 days before the disposition hearing. The notice shall include the amount of time the defendant is claiming. The defendant must prove by a preponderance of the evidence that the credit claimed meets the requirements of this section. A court may not consider, except for good cause, a request for credit made under this subsection more than 90 days after the disposition hearing.
(f) To qualify as a treatment program under this section, a program must
(1) be intended to address criminogenic traits or behaviors;
(2) provide measures of progress or completion; and
(3) require notification to the pretrial services office or probation officer if the person is discharged from the program for noncompliance.
(g) A court granting credit against a sentence of imprisonment under (d) of this section may grant credit of not more than 360 days against a total term of imprisonment imposed for
(1) a felony crime against a person under AS 11.41;
(2) a crime involving domestic violence as defined in AS 18.66.990;
(3) a sex offense as defined in AS 12.63.100;
(4) an offense under AS 11.71 involving the delivery of a controlled substance to a person under 19 years of age;
(5) burglary in the first degree under AS 11.46.300; or
(6) arson in the first degree under AS 11.46.400.
(h) Nothing in this section authorizes the release of a person on electronic monitoring after conviction and while awaiting sentencing if the person is ineligible for release under AS 12.30.040(b).
Sec. 12.55.030. Discharge of indigents imprisoned for nonpayment of fine. [Repealed, § 16 ch 53 SLA 1973.]
(a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.
(b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than
(1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;
(2) $250,000 for a class A felony;
(3) $100,000 for a class B felony;
(4) $50,000 for a class C felony;
(5) $25,000 for a class A misdemeanor;
(6) $2,000 for a class B misdemeanor;
(7) $500 for a violation.
(c) Upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the greatest of
(1) an amount that is
(A) $2,500,000 for a felony offense or for a misdemeanor offense that results in death;
(B) $500,000 for a class A misdemeanor offense that does not result in death;
(C) $75,000 for a class B misdemeanor offense that does not result in death;
(D) $25,000 for a violation;
(2) three times the pecuniary gain
(A) realized by the defendant as a result of the offense; or
(B) sought by the defendant for the defendant or for others by the commission of the offense; or
(3) three times the pecuniary damage or loss
(A) caused by the defendant to another, or to the property of another, as a result of the offense; or
(B) to another or the property of another sought by the defendant by the commission of the offense.
(d) If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.
(e) In imposing a fine under (c) of this section, in addition to any other relevant factors, the court shall consider
(1) measures taken by the organization to discipline an officer, director, employee, or agent of the organization;
(2) measures taken by the organization to prevent a recurrence of the offense;
(3) the organization's obligation to make restitution to a victim of the offense, and the extent to which imposition of a fine will impair the ability of the organization to make restitution; and
(4) the extent to which the organization will pass on to consumers the expense of the fine.
(f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense.
(g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142.
Sec. 12.55.036. Day fines. [Repealed, § 4 ch 33 SLA 2009.]
Sec. 12.55.039. Surcharge.
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a
(1) felony shall be assessed a surcharge of $100;
(2) violation of a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032 and adopted under AS 28.01.010, shall be assessed a surcharge of $75;
(3) misdemeanor or a violation of a municipal ordinance if a sentence of incarceration may be imposed for the misdemeanor or ordinance violation, other than a provision identified in (2) of this subsection, shall be assessed a surcharge of $50;
(4) misdemeanor for which a sentence of incarceration may not be imposed, a violation or an infraction under state law, or a violation of a municipal ordinance imposing a penalty authorized by AS 29.25.070(a) if a sentence of incarceration may not be imposed for the ordinance violation, shall be assessed a surcharge of $10 if the fine or bail forfeiture amount for the offense is $30 or more.
(b) A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.
(c) The surcharge shall be paid within 10 days of imposition or such shorter period of time as ordered by the court. Failure to pay the surcharge is punishable as contempt of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.
(d) Money collected under this section shall be deposited into the general fund and accounted for under AS 37.05.142.
Sec. 12.55.040. Increased punishment for habitual criminal after conviction of petty larceny or misdemeanor involving fraud. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.55.041. Correctional facility surcharge.
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, a crime under state law shall pay a correctional facility surcharge if, in connection with the crime, the defendant
(1) was arrested and taken to a correctional facility, regardless of whether the defendant was released or admitted to the facility; or
(2) is sentenced to serve a term of imprisonment.
(b) The court shall impose a single surcharge under (a) of this section on a defendant being sentenced for one or more crimes in a single judgment. The surcharge is
(1) $100 if the judgment includes a sentence for a felony;
(2) $50 if the judgment does not include a sentence for a felony.
(c) If the court places the defendant on probation, the court shall order that the defendant pay an additional correctional facility surcharge of $100. The additional surcharge shall be suspended but later imposed if the defendant's probation is revoked and, in connection with the probation revocation, the defendant
(2) is ordered to serve a term of imprisonment for the probation revocation.
(d) The court shall include a surcharge imposed under (a) of this section in the judgment of conviction. The court shall include the imposition of a surcharge under (c) of this section in the order revoking probation. For a surcharge that is not paid by the person as required by this section, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.065. For purposes of collection and priority of attachment under AS 43.23.065, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 09.35 as if it were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce surcharges.
(e) In this section, "correctional facility" has the meaning given in AS 33.30.901.
Sec. 12.55.045. Restitution and compensation.
(a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime. In determining the amount and method of payment of restitution or compensation, the court shall take into account the
(1) public policy that favors requiring criminals to compensate for damages and injury, including loss of income, to their victims; and
(2) financial burden placed on the victim and those who provide services to the victim and other persons injured by the offense as a result of the criminal conduct of the defendant.
(b) An order of restitution under this section does not limit any civil liability of the defendant arising from the defendant's conduct.
(c) If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.
(d) In any case, including a case in which the defendant is convicted of a violation of AS 11.46.120 — 11.46.150 and the property is commercial fishing gear as defined in AS 16.43.990, the court shall consider the victim's loss, and the order of restitution may include compensation for loss of income.
(g) The court may not, in ordering the amount of restitution, consider the defendant's ability to pay restitution.
(h) In imposing restitution under this section, the court may require the defendant to make restitution by means other than the payment of money.
(i) An order of restitution made under this section is a condition of the defendant's sentence and, in cases in which the court suspends all or a portion of the defendant's sentence, the order of restitution is a condition of the suspended sentence. If the court suspends imposition of sentence under AS 12.55.085, the order of restitution is a condition of the suspended imposition of sentence.
(j) A defendant who is convicted of an offense for which restitution may be ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210. A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant's response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority.
(k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court's order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person's probation officer, if any.
(l) An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends entry of judgment under AS 12.55.078 or suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when the proceeding is dismissed under AS 12.55.078 or a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution.
(m) Notwithstanding another provision of law, the court shall accept (1) payments of restitution from a defendant at any time, and (2) prepayments of restitution or payments in anticipation of an order of restitution. If the recipient has elected to have the Department of Law collect the judgment of restitution under AS 12.55.051(g), the court shall forward all payments of restitution to the Department of Law within five days after the court's acceptance.
(n) In determining the amount of actual damages or loss for restitution under this section, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.
(o) In this section,
(1) "conviction" means that the defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;
(2) "loss of income" includes the total loss of income a business or person suffers as a result of not having stolen property available during the time it takes to obtain a replacement.
Sec. 12.55.050. Increased punishment for persons convicted of more than one felony. [Repealed, § 21 ch 166 SLA 1978. For sentences of imprisonment for felonies, see AS 12.55.125.]
Sec. 12.55.051. Enforcement of fines and restitution.
(a) If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for nonpayment and, if the payment was made a condition of the defendant's probation, may revoke the probation of the defendant subject to the limits set out in AS 12.55.110. In a contempt or probation revocation proceeding brought as a result of failure to pay a fine or restitution, it is an affirmative defense that the defendant was unable to pay despite having made continuing good faith efforts to pay the fine or restitution. If the court finds that the defendant was unable to pay despite having made continuing good faith efforts, the defendant may not be imprisoned solely because of the inability to pay. If the court does not find that the default was attributable to the defendant's inability to pay despite having made continuing good faith efforts to pay the fine or restitution, the court may order the defendant imprisoned subject to the limits set out in AS 12.55.110. A term of imprisonment imposed under this section may not exceed one day for each $50 of the unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall be given toward satisfaction of the order of the court for every day a person is incarcerated for nonpayment of a fine or restitution.
(b) When a fine or restitution is imposed on an organization, the person authorized to make disbursements from the assets of the organization shall pay the fine or restitution from those assets. A person required to pay a fine or restitution under this subsection who intentionally refuses or fails to make a good faith effort to pay is punishable under (a) of this section.
(c) A defendant who has been sentenced to pay a fine or restitution may request a hearing regarding the defendant's ability to pay the fine or restitution at any time that the defendant is required to pay all or a portion of the fine or restitution. The court may deny the request if it has previously considered the defendant's ability to pay and the defendant's request does not allege changed circumstances. If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule.
(d) The state may enforce payment of a fine against a defendant under AS 09.35 as if the order were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce fines.
(e) The Department of Law is authorized to collect restitution on behalf of the recipient unless
(1) the recipient elects as provided in (f) of this section to enforce the order of restitution without the assistance of the Department of Law; or
(2) the order requires restitution to be made in a form other than payment of a specific dollar amount.
(f) The court shall forward a copy of an order of restitution to the Department of Law when the judgment is entered. Along with the copy of the order, the court shall provide the name, date of birth, social security number, and current address of the recipient of the restitution and the defendant, to the extent that the court has that information in its possession. Upon receipt of the order and other information from the court, the Department of Law shall send a notice to the recipient regarding the recipient's rights under this section, including the right to elect to enforce the order of restitution without the assistance of the Department of Law. The information provided to the Department of Law under this subsection is confidential and is not open to inspection as a public record under AS 40.25.110. The Department of Law or its agents may not disclose the information except as necessary to collect on the restitution.
(g) The Department of Law may not begin collection procedures on the order of restitution until the recipient has been given notice and has been given 30 days after receipt of notice to elect to collect the restitution without the assistance of the Department of Law. A recipient may inform the Department of Law at a later time of the recipient's election to collect the restitution without the assistance of the Department of Law; upon receipt of that information, the Department of Law may no longer proceed with collection efforts on behalf of the recipient. A recipient who has elected under this section to collect restitution without the assistance of the Department of Law may not later request the services of that department to collect the restitution.
(h) If the Department of Law or its agents proceed to collect restitution on behalf of a recipient under (g) of this section, the actions of the Department of Law or an agent of the Department of Law on behalf of the recipient do not create an attorney-client relationship between the Department of Law and the recipient. The Department of Law or its agents may not settle a judgment for restitution without the consent of the recipient of the restitution.
(i) An action for damages may not be brought against the state or any of its agents, officers, or employees based on an action or omission under this section.
(j) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations necessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.
Sec. 12.55.055. Community work.
(a) The court may order a defendant convicted of an offense to perform community work as a condition of probation, a suspended sentence, suspended imposition of sentence, or suspended entry of judgment, or in addition to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the court may recommend to the Department of Corrections that the defendant perform community work.
(b) Community work includes work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public lands, forests, parks, roads, highways, facilities, or education. Community work may not confer a private benefit on a person except as may be incidental to the public benefit.
(c) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.
(d) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment. Substitution of community work shall be at a rate of eight hours for each day of imprisonment. A court may not offer substitution of community work for any mandatory minimum period of imprisonment or for any period within the presumptive range of imprisonment for the offense.
(e) Medical benefits for an individual injured while performing community work at the direction of the state shall be assumed by the state to the extent not covered by collateral sources. When the state pays medical benefits under this subsection, a claim for medical expenses by the injured individual against a third party is subrogated to the state.
(g) The court may not
(1) offer a defendant convicted of an offense the option of serving jail time in lieu of performing uncompleted community work previously ordered by the court; or
(2) convert uncompleted community work hours into a sentence of imprisonment.
(h) If a court orders community work as part of the defendant's sentence under this section, the court shall provide notice to the defendant at sentencing and include as a provision of the judgment that if the defendant fails to provide proof of community work within 20 days after the date set by the court, the court shall convert those community work hours to a fine equal to the number of uncompleted work hours multiplied by the state's minimum hourly wage and issue a judgment against the defendant for that amount.
Secs. 12.55.060 — 12.55.075. Prior convictions; sentencing reports; imposition of sentence. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.55.078. Suspending entry of judgment.
(a) Except as provided in (f) of this section, if a person is found guilty or pleads guilty to a crime, the court may, with the consent of the defendant and the prosecution and without imposing or entering a judgment of guilt, defer further proceedings and place the person on probation. The period of probation may not exceed the applicable terms set out in AS 12.55.090(c). The court may not impose a sentence of imprisonment under this subsection.
(b) The court shall impose conditions of probation for a person on probation as provided in (a) of this section, which may include that the person
(1) abide by all local, state, and federal laws;
(2) not leave the state without prior consent of the court;
(3) pay restitution as ordered by the court; and
(4) obey any other conditions of probation set by the court.
(c) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the court finds that the person placed on probation is
(1) violating the conditions of probation;
(2) engaging in criminal practices; or
(3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).
(d) If the court finds that the person has successfully completed probation, the court shall, at the end of the probationary period set by the court, or at any time after the expiration of one year from the date the original probation was imposed, discharge the person and dismiss the proceedings against the person. A person who is discharged under this subsection is not convicted of a crime.
(e) If the court finds that the person has violated the conditions of probation ordered by the court, the court may revoke and terminate the person's probation, enter judgment on the person's previous plea or finding of guilt, and pronounce sentence at any time within the maximum probation period authorized by this section.
(f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who
(1) is charged with a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;
(2) uses a firearm in the commission of the offense for which the person is charged;
(3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person's prospects for rehabilitation are high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community;
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if
(A) the charges were dismissed under this section;
(B) the conviction has been set aside under AS 12.55.085; or
(C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction; or
(5) is charged with a crime involving domestic violence, as defined in AS 18.66.990.
Sec. 12.55.080. Suspension of sentence and probation.
Upon entering a judgment of conviction of a crime, or at any time within 60 days from the date of entry of that judgment of conviction, a court, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution or balance of the sentence or a portion thereof, and place the defendant on probation for a period and upon the terms and conditions as the court considers best.
Sec. 12.55.085. Suspending imposition of sentence.
(a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and shall place the person on probation, under the charge and supervision of the probation officer of the court during the suspension.
(b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the interests of justice require, and if the court, in its judgment, has reason to believe that the person placed upon probation is
(c) Upon the revocation and termination of the probation, the court may pronounce sentence at any time within the maximum probation period authorized by this section, subject to the limitation specified in AS 12.55.086(c).
(d) The court may at any time during the period of probation revoke or modify its order of suspension of imposition of sentence. It may at any time, when the ends of justice will be served, and when the good conduct and reform of the person held on probation warrant it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and pronounced sentence, the defendant shall, at the end of the term of probation, be discharged by the court.
(e) Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that effect.
(f) The court may not suspend the imposition of sentence of a person who
(1) is convicted of a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;
(2) uses a firearm in the commission of the offense for which the person is convicted; or
(3) is convicted of a violation of AS 11.41.230 — 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.
Sec. 12.55.086. Imprisonment as a condition of suspended imposition of sentence.
(a) When the imposition of sentence is suspended under AS 12.55.085, the court may require, as a special condition of probation, that the defendant serve a definite term of continuous or periodic imprisonment, not to exceed the maximum term of imprisonment that could have been imposed. The court may recommend that the defendant serve all or part of the term in a correctional restitution center.
(b) A defendant imprisoned under this section is entitled to a deduction from the term of imprisonment for good conduct under AS 33.20.010. Unless otherwise specified in the order of suspension of imposition of sentence, a defendant imprisoned under this section is eligible for parole if the term of imprisonment exceeds one year and is eligible for any work furlough, rehabilitation furlough, or similar program available to other state prisoners.
(c) If probation is revoked and the defendant is sentenced to imprisonment, the defendant shall receive credit for time served under this section. Deductions for good conduct under AS 33.20.010 do not constitute "time served."
Sec. 12.55.088. Modification of sentence.
(a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 days of the original sentencing.
(b) The sentencing court may not be required to entertain a second or successive motion for similar relief brought under (a) of this section on behalf of the same prisoner.
(c) A sentence may not be reduced or modified so as to result in a term of imprisonment that is less than the minimum sentence or lower than the presumptive range required by law for the original sentence.
(d) A victim has the right to comment in writing to the court on a motion to modify or reduce a sentence filed by the person who perpetrated the offense against the victim, and has the right to give sworn testimony or make an unsworn oral presentation at a hearing held in connection with the motion. If there are numerous victims, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing.
(e) If a motion is filed to modify or reduce a sentence by a defendant who perpetrated a crime against a person or arson in the first degree, the court shall, if feasible, send a copy of the motion to the Department of Corrections sufficiently in advance of any scheduled hearing or briefing deadline to enable the department to notify the victim of that crime. If that victim has earlier requested to be notified, the Department of Corrections shall send the victim a copy of the motion and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.
(f) The court shall provide copies of the victim's written comments to the prosecuting attorney, the person filing the motion to reduce or modify a sentence, and that person's attorney.
(g) In deciding whether to modify or reduce a sentence, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and the person filing the motion.
(h) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the offender or to the offender's attorney.
Sec. 12.55.090. Granting of probation.
(a) Probation may be granted whether the offense under AS 11 or AS 16 or the crime is punishable by fine or imprisonment or both. If an offense under AS 11 or AS 16 or a crime is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.
(b) Except as otherwise provided in (f) of this section, the court may revoke or modify any condition of probation, change the period of probation, or terminate probation and discharge the defendant from probation.
(c) The period of probation, together with any extension, may not exceed
(1) 15 years for a felony sex offense;
(2) 10 years for an unclassified felony under AS 11 not listed in (1) of this subsection;
(3) five years for a felony offense not listed in (1) or (2) of this subsection;
(4) three years for a misdemeanor offense
(A) under AS 11.41;
(B) that is a crime involving domestic violence; or
(C) that is a sex offense, as that term is defined in AS 12.63.100;
(5) two years for a misdemeanor offense under AS 28.35.030 or 28.35.032, if the person has previously been convicted of an offense under AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another jurisdiction; or
(6) one year for an offense not listed in (1) — (5) of this subsection.
(f) Unless the defendant and the prosecuting authority agree at the probation revocation proceeding or other proceeding related to a probation violation, the person qualifies for a reduction under AS 33.05.020(h), or a probation officer recommends to the court that probation be terminated and the defendant be discharged from probation under (g) of this section or AS 33.05.040, the court may not reduce the specific period of probation or the specific term of suspended incarceration except by the amount of incarceration imposed for a probation violation, if
(1) the sentence was imposed in accordance with a plea agreement under Rule 11, Alaska Rules of Criminal Procedure; and
(2) the agreement required a specific period of probation or a specific term of suspended incarceration.
(g) A probation officer shall recommend to the court that probation be terminated and a defendant be discharged from probation if the defendant
(1) has completed at least
(A) two years on probation if the person was convicted of a class A or class B felony that is not a crime under (5) of this subsection; or
(B) 18 months on probation if the person was convicted of a crime that is not a crime
(i) under (A) of this paragraph; or
(ii) under (5) of this subsection;
(2) has completed all treatment programs required as a condition of probation;
(3) has not been found in violation of conditions of probation by the court for the period specified in (1) of this subsection;
(4) is currently in compliance with all conditions of probation for all of the cases for which the person is on probation; and
(5) has not been convicted of an unclassified felony offense, a sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as defined in AS 18.66.990.
(h) Before a court may terminate probation and discharge the defendant before the period of probation for the offense has been completed under (g) of this section, the court shall allow victims to comment in writing to the court or allow a victim to give sworn testimony or make an unsworn oral presentation at a hearing held to determine whether to reduce the period of probation or terminate probation and discharge the defendant.
(i) If a probation officer recommends to the court that probation be terminated and a defendant be discharged from probation under (g) of this section, and if the victim has earlier requested to be notified, the Department of Corrections shall send the victim notice of the recommendation under (g) of this section and inform the victim of the victim's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.
(j) If the victim submits written comments directly to the court and the parties do not otherwise have the victim statements, the court shall distribute the statements to the parties.
(k) In deciding whether to terminate probation and discharge the defendant from probation under (g) of this section, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and defendant.
(l) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the defendant or the defendant's attorney.
(m) The court shall discharge the defendant from probation upon completion of the period of probation. The period of probation is considered to be completed when the combination of time served and credits earned under AS 33.05.020 is equal to the probation period imposed, or after the probationer has been discharged from probation under this section.
(n) In this section, "sex offense" has the meaning given in AS 12.63.100.
Sec. 12.55.100. Conditions of probation.
(a) While on probation and among the conditions of probation, the defendant
(1) shall be required to obey all state, federal, and local laws or ordinances, and any court orders applicable to the probationer; and
(2) may be required
(A) to pay a fine in one or several sums;
(B) to make restitution or reparation to aggrieved parties for actual damages or loss caused by the crime for which conviction was had, including compensation to a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime; when determining the amount of actual damages or loss under this subparagraph, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of the replacement of the property within a reasonable time after the crime;
(C) to provide for the support of any persons for whose support the defendant is legally responsible;
(D) to perform community work in accordance with AS 12.55.055;
(E) to participate in or comply with the treatment plan of an inpatient or outpatient rehabilitation program specified by either the court or the defendant's probation officer that is related to the defendant's offense or to the defendant's rehabilitation;
(F) to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment;
(G) to comply with a program established under AS 47.38.020; and
(H) to comply with the sanctions imposed by the defendant's probation officer under AS 33.05.020(g).
(b) The defendant's liability for a fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.
(c) A program of inpatient treatment may be required by the authorized agency under (a)(2)(F) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days after the agency's referral, and shall specifically set out the grounds on which the request for review is based. The court may order a hearing on the request for review.
(d) If the court orders probation for a defendant convicted of an offense requiring the state to collect a blood sample, oral sample, or both, from the defendant for the deoxyribonucleic acid identification registration system under AS 44.41.035, the court shall order the defendant, as a condition of probation, to submit to the collection of
(e) In addition to other conditions imposed on the defendant, while on probation and as a condition of probation
(1) for a sex offense, as described in AS 12.63.100, the defendant
(A) shall be required to submit to regular periodic polygraph examinations;
(B) may be required to provide each electronic mail address, instant messaging address, and other Internet communication identifier that the defendant uses to the defendant's probation officer; the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the local law enforcement agency;
(2) if the defendant was convicted of a violation of AS 11.41.434 — 11.41.455, AS 11.61.125 — 11.61.128, or a similar offense in another jurisdiction, the defendant may be required to refrain from
(A) using or creating an Internet site;
(B) communicating with children under 16 years of age;
(C) possessing or using a computer; or
(D) residing within 500 feet of school grounds; in this subparagraph, "school grounds" has the meaning given in AS 11.71.900.
(f) While on probation and as a special condition of probation for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the court shall require that the defendant submit to electronic monitoring. Electronic monitoring under this subsection must provide for monitoring of the defendant's location and movements by Global Positioning System technology. The court shall require a defendant serving a period of probation with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the defendant has sufficient financial resources to pay the costs or a portion of the costs. A defendant subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on probation. In this subsection, "correctional facility" has the meaning given in AS 33.30.901.
Sec. 12.55.101. Additional conditions of probation for domestic violence crimes.
(a) Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family. If a person convicted of a crime involving domestic violence is placed on probation, the court may order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) — (7) and (11), and may
(1) require the defendant to participate in and complete to the satisfaction of the court one or more programs for the rehabilitation of perpetrators of domestic violence that meet the standards set by, and that are approved by, the Department of Corrections under AS 44.28.020(b), if the program is available in the community where the defendant resides; the court may not order a defendant to participate in or complete a program for the rehabilitation of perpetrators of domestic violence that does not meet the standards set, and that is not approved, by the Department of Corrections under AS 44.28.020(b);
(2) require the defendant to refrain from the consumption of alcohol; and
(3) impose any other condition necessary to protect the victim and any members of the victim's family, or to rehabilitate the defendant.
(b) If the defendant is not in custody, the defendant shall pay the costs of an evaluation or a program of rehabilitation ordered under (a)(1) — (3) of this section. If the defendant is in custody, the responsibility for costs shall be as provided in AS 33.30.028.
Sec. 12.55.102. Alcohol-related offenses.
(a) The court may order as a condition of probation or generally as part of a sentence that a defendant convicted of an offense involving the use, consumption, or possession of an alcoholic beverage may not operate a motor vehicle during the period of probation unless the vehicle is equipped with a properly functioning, monitored, and maintained ignition interlock device. A condition of probation or sentence imposed under this subsection takes effect after any period of license revocation imposed under AS 28.15.165(d) or 28.15.181(c).
(b) The court, in imposing probation or a condition of a sentence under (a) of this section, may allow the defendant limited privileges to drive a motor vehicle without an ignition interlock device if the court determines that the defendant is required as a condition of employment to drive a motor vehicle owned or leased by the defendant's employer and that the defendant's driving will not create substantial danger. If the court imposes probation described by this subsection, the court shall require the defendant to notify the defendant's employer of the probation, and shall require that the defendant, while driving the employer's vehicle, carry a letter from the employer authorizing the defendant to drive that vehicle.
(c) A court imposing a condition of probation under this section shall require the surrender of the driver's license and shall issue to the defendant a certificate valid for the duration of the probation or a copy of the defendant's judgment of conviction. The defendant shall pay all costs associated with fulfilling the condition of probation, including installation, repair, and monitoring of an ignition interlock device.
(d) The court may include the cost of the ignition interlock device as a part of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 28.35.032(g) or (p).
(1) "ignition interlock device" means equipment designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and that has been certified by the commissioner of corrections under AS 33.05.020(c);
Sec. 12.55.105. Probation fee. [Repealed, § 4 ch 26 SLA 1989.]
Sec. 12.55.110. Notice and grounds for revocation of suspension.
(a) When sentence has been suspended, it may not be revoked except for good cause shown. In all proceedings for the revocation of a suspended sentence, the defendant is entitled to reasonable notice and the right to be represented by counsel.
(b) Good cause justifying the revocation of a suspended sentence is established if the defendant has violated an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).
(c) If a defendant is serving a period of probation for an offense, the court may find that the defendant has committed a technical violation of probation. If the court finds that a defendant has committed a technical violation of probation that does not include absconding, the court may reinstate the term of probation with appropriate conditions or impose a sentence of imprisonment of not more than
(1) three days for the first probation revocation;
(2) five days for the second probation revocation;
(3) 10 days for the third probation revocation; or
(4) the remainder of the suspended portion of the sentence for a fourth or subsequent probation revocation.
(d) If the court revokes a person's probation for absconding, the court may impose a period of imprisonment not to exceed 30 days.
(e) The limits set out in this section on the length of imprisonment for a revocation do not apply if a probationer is enrolled in a program established under AS 33.05.020(f).
(f) If the defendant is ordered to complete treatment under AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for noncompletion of treatment and may revoke the suspended sentence subject to the limits established in this section. In a contempt or probation revocation proceeding brought as a result of failure to complete treatment, it is an affirmative defense that the defendant was unable to afford the cost of treatment or secure a place in a free treatment program, despite having made continuing good faith efforts. If the court finds that the defendant was unable to complete treatment despite having made continuing good faith efforts, the defendant may not be imprisoned solely because of an inability to pay. If the court does not find that the noncompletion of treatment was attributable to the defendant's inability to pay, the court may order the defendant imprisoned subject to the limits established in this section.
(g) Notwithstanding (c) of this section, a court may not find a technical violation under this section if a person convicted of a sex offense, as described in AS 12.63.100, violates a condition of probation provided in AS 12.55.100(e).
(1) "absconding" means failing to report within five working days after release from custody under AS 33.20.030 or failing to report for a scheduled meeting with a probation officer, as ordered by the court or as directed by the probation officer, and failing to make contact with the probation officer within 30 days following the missed meeting;
(2) "technical violation" means a violation of the conditions of probation that does not constitute
(A) a new criminal offense;
(B) failing to complete sex offender treatment; or
(C) failing to complete an intervention program for batterers.
Sec. 12.55.115. Fixing eligibility for discretionary parole at sentencing.
The court may, as part of a sentence of imprisonment, further restrict the eligibility of a prisoner for discretionary parole for a term greater than that required under AS 33.16.090 and 33.16.100.
Sec. 12.55.120. Appeal of sentence.
(a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two years of unsuspended incarceration for a felony offense or exceeding 120 days for a misdemeanor offense may be appealed to the court of appeals by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the superior court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds two years of unsuspended incarceration for a felony offense or 120 days of unsuspended incarceration for a misdemeanor offense. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense.
(b) A sentence of imprisonment lawfully imposed by the superior court may be appealed to the court of appeals by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant has not appealed the sentence, the court is not authorized to increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) A sentence appeal under this section does not confer or enlarge the right to bail pending appeal. When the defendant, in the prosecution of a regular appeal, urges excessiveness of the sentence as an additional ground for appeal, the defendant's right to bail pending appeal is governed by the relevant statutes and the rules of the court.
(d) A sentence of imprisonment lawfully imposed by the district court for a term or for aggregate terms exceeding 120 days of unsuspended incarceration may be appealed to the superior court by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the district court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds 120 days of unsuspended incarceration. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense. A sentence of imprisonment lawfully imposed by the district court may be appealed to the superior court by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(e) A sentence within an applicable presumptive range set out in AS 12.55.125 or a consecutive or partially consecutive sentence imposed in accordance with the minimum sentences set out in AS 12.55.127 may not be appealed to the court of appeals under this section or AS 22.07.020 on the ground that the sentence is excessive. However, the sentence may be reviewed by an appellate court on the ground that it is excessive through a petition filed under rules adopted by the supreme court.
(f) The victim of the crime for which a defendant has been convicted and sentenced may file a petition for review in an appellate court of a sentence that is below the sentencing range for the crime.
Sec. 12.55.125. Sentences of imprisonment for felonies.
(a) A defendant convicted of murder in the first degree or murder of an unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment of at least 30 years but not more than 99 years. A defendant convicted of murder in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years when
(1) the defendant is convicted of the murder of a uniformed or otherwise clearly identified peace officer, firefighter, or correctional employee who was engaged in the performance of official duties at the time of the murder;
(2) the defendant has been previously convicted of
(A) murder in the first degree under AS 11.41.100 or former AS 11.15.010 or 11.15.020;
(B) murder in the second degree under AS 11.41.110 or former AS 11.15.030; or
(C) homicide under the laws of another jurisdiction when the offense of which the defendant was convicted contains elements similar to first degree murder under AS 11.41.100 or second degree murder under AS 11.41.110;
(3) the defendant subjected the murder victim to substantial physical torture;
(4) the defendant is convicted of the murder of and personally caused the death of a person, other than a participant, during a robbery; or
(5) the defendant is a peace officer who used the officer's authority as a peace officer to facilitate the murder.
(b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than 99 years. A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years. A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child; or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of authority" have the meanings given in AS 11.41.470.
(c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, three to six years;
(2) if the offense is a first felony conviction and the defendant
(A) possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense, five to nine years; or
(B) knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the offense, seven to 11 years;
(3) if the offense is a second felony conviction, eight to 12 years;
(4) if the offense is a third felony conviction and the defendant is not subject to sentencing under (l) of this section, 13 to 20 years.
(d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, zero to two years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085;
(2) if the offense is a first felony conviction, the defendant violated AS 11.41.130, and the victim was
(A) a child under 16 years of age, two to four years; or
(B) was 16 years of age or older, one to three years;
(3) if the offense is a second felony conviction, two to five years;
(4) if the offense is a third felony conviction, four to 10 years.
(e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(1) if the offense is a first felony conviction and does not involve circumstances described in (4) of this subsection, zero to two years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085, and the court may, as a condition of probation under AS 12.55.086, require the defendant to serve an active term of imprisonment within the range specified in this paragraph;
(2) if the offense is a second felony conviction, one to four years;
(3) if the offense is a third felony conviction, two to five years;
(4) if the offense is a first felony conviction, and the defendant violated AS 08.54.720(a)(15), one to two years.
(f) If a defendant is sentenced under (a) or (b) of this section,
(1) imprisonment for the prescribed minimum or mandatory term may not be suspended under AS 12.55.080;
(2) imposition of sentence may not be suspended under AS 12.55.085;
(3) imprisonment for the prescribed minimum or mandatory term may not be reduced, except as provided in (j) of this section.
(g) If a defendant is sentenced under (c), (d), (e), or (i) of this section, except to the extent permitted under AS 12.55.155 — 12.55.175,
(1) imprisonment may not be suspended under AS 12.55.080 below the low end of the presumptive range;
(2) and except as provided in (d)(1) or (e)(1) of this section, imposition of sentence may not be suspended under AS 12.55.085;
(3) terms of imprisonment may not be otherwise reduced.
(h) Nothing in this section or AS 12.55.135 limits the discretion of the sentencing judge except as specifically provided. Nothing in (a) of this section limits the court's discretion to impose a sentence of 99 years imprisonment, or to limit parole eligibility, for a person convicted of murder in the first or second degree in circumstances other than those enumerated in (a).
(i) A defendant convicted of
(1) sexual assault in the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
(i) less than 13 years of age, 25 to 35 years;
(ii) 13 years of age or older, 20 to 30 years;
(B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;
(C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;
(D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;
(E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;
(F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;
(2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(i) under 13 years of age, 20 to 30 years;
(E) if the offense is a third felony conviction, the offense does not involve circumstances described in (F) of this paragraph, and the defendant is not subject to sentencing under (l) of this section, 35 to 50 years;
(3) sexual assault in the second degree, sexual abuse of a minor in the second degree, online enticement of a minor under AS 11.41.452(d), unlawful exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(A) if the offense is a first felony conviction, five to 15 years;
(B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, 10 to 25 years;
(C) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 15 to 30 years;
(D) if the offense is a third felony conviction and does not involve circumstances described in (E) of this paragraph, 20 to 35 years;
(E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years;
(4) sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography, may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
(A) if the offense is a first felony conviction, two to 12 years;
(B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, eight to 15 years;
(E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years.
(j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 years under (a) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory term without consideration of good time earned under AS 33.20.010, or (2) definite term of imprisonment under (l) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the definite term. A defendant may not file and a court may not entertain more than one motion for modification or reduction of a sentence subject to this subsection, regardless of whether or not the court granted or denied a previous motion.
(k) [Repealed, § 32 ch 2 SLA 2005.]
(l) Notwithstanding any other provision of law, a defendant convicted of an unclassified or class A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall be sentenced to a definite term of imprisonment of 99 years when the defendant has been previously convicted of two or more most serious felonies. If a defendant is sentenced to a definite term under this subsection,
(1) imprisonment for the prescribed definite term may not be suspended under AS 12.55.080;
(3) imprisonment for the prescribed definite term may not be reduced, except as provided in (j) of this section.
(m) Notwithstanding (a)(4) and (f) of this section, if a court finds that imposition of a mandatory term of imprisonment of 99 years on a defendant subject to sentencing under (a)(4) of this section would be manifestly unjust, the court may sentence the defendant to a definite term of imprisonment otherwise permissible under (a) of this section.
(n) In imposing a sentence within a presumptive range under (c), (d), (e), or (i) of this section, the total term, made up of the active term of imprisonment plus any suspended term of imprisonment, must fall within the presumptive range, and the active term of imprisonment may not fall below the lower end of the presumptive range.
(o) [Repealed, § 179 ch. 36 SLA 2016.]
(p) If the state seeks either (1) the imposition of a sentence under (a) of this section that would preclude the defendant from being awarded a good time deduction under AS 33.20.010(a) based on a fact other than a prior conviction; or (2) to establish a fact that would increase the presumptive sentencing range under (c)(2), (d)(2), (e)(4), (i)(1)(A) or (B), or (i)(2)(A) or (B) of this section, the factual question required to be decided shall be presented to a trial jury and proven beyond a reasonable doubt under procedures set by the court, unless the defendant waives trial by jury and either stipulates to the existence of the fact or consents to have the fact proven to the court sitting without a jury. Written notice of the intent to establish a fact under this subsection must be served on the defendant and filed with the court as provided for notice under AS 12.55.155(f)(2).
(q) Other than for convictions subject to a mandatory 99-year sentence, the court shall impose, in addition to an active term of imprisonment imposed under (i) of this section, a minimum period of (1) suspended imprisonment of five years and a minimum period of probation supervision of 15 years for conviction of an unclassified felony, (2) suspended imprisonment of three years and a minimum period of probation supervision of 10 years for conviction of a class A or class B felony, or (3) suspended imprisonment of two years and a minimum period of probation supervision of five years for conviction of a class C felony. The period of probation is in addition to any sentence received under (i) of this section.
Sec. 12.55.127. Consecutive and concurrent terms of imprisonment.
(a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later judgment, amended judgment, or probation revocation shall be consecutive.
(b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single judgment, terms of imprisonment may be concurrent or partially concurrent.
(c) If the defendant is being sentenced for
(1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;
(2) two or more crimes under AS 11.41, a consecutive term of imprisonment shall be imposed for at least
(A) the mandatory minimum term under AS 12.55.125(a) for each additional crime that is murder in the first degree;
(B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125(b);
(C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is
(i) manslaughter; or
(ii) kidnapping that is a class A felony;
(D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally negligent homicide;
(E) one-fourth of the presumptive term under AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410 or sexual abuse of a minor in the first degree under AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those offenses; and
(F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit the offense, under AS 11.41.200 — 11.41.250, 11.41.420 — 11.41.432, 11.41.436 — 11.41.458, or 11.41.500 — 11.41.520.
(d) If the defendant is being sentenced for two or more crimes of distribution of child pornography under AS 11.61.125, possession of child pornography under AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a consecutive term of imprisonment shall be imposed for some additional term of imprisonment for each additional crime or each additional attempt or solicitation to commit the offense.
(1) "active term of imprisonment" means the total term of imprisonment imposed for a crime, minus suspended imprisonment;
(2) "additional crime" means a crime that is not the primary crime;
(3) "presumptive term" means the middle of the applicable presumptive range set out in AS 12.55.125;
(4) "primary crime" means the crime
(A) for which the sentencing court imposes the longest active term of imprisonment; or
(B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of imprisonment.
Sec. 12.55.135. Sentences of imprisonment for misdemeanors.
(a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than
(1) one year, if the
(A) conviction is for a crime with a mandatory minimum term of 30 days or more of active imprisonment;
(B) trier of fact finds the aggravating factor that the conduct constituting the offense was among the most serious conduct included in the definition of the offense;
(C) defendant has past criminal convictions for conduct violative of criminal laws, punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced;
(D) conviction is for an assault in the fourth degree under AS 11.41.230; or
(E) conviction is for a violation of
(i) AS 11.41.427;
(ii) AS 11.41.440;
(iii) AS 11.41.460, if the indecent exposure is before a person under 16 years of age;
(iv) AS 11.61.116(c)(2); or
(v) AS 11.61.118(a)(2);
(2) 30 days.
(b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than
(1) 10 days unless otherwise specified in the provision of law defining the offense or in this section;
(2) 90 days if the conviction is for a violation of
(A) AS 11.61.116(c)(1) and the person is 21 years of age or older; or
(B) AS 11.61.120(a)(6) and the person is 21 years of age or older; or
(3) five days if the conviction is for a violation of AS 11.56.757.
(c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 — 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.
(d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at
(1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of
(A) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or AS 11.61.118;
(B) 30 days if the defendant violated AS 11.41.230(a)(3);
(2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,
(A) "school bus" has the meaning given in AS 11.71.900;
(B) "school district" has the meaning given in AS 47.07.063;
(C) "school grounds" has the meaning given in AS 11.71.900.
(e) If a defendant is sentenced under (c), (d), or (h) of this section,
(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and
(3) the minimum term of imprisonment may not otherwise be reduced.
(f) A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.
(g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of
(1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;
(2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.
(h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.
(i) If a defendant is sentenced under (g) of this section,
(2) imposition of sentence may not be suspended;
(j) [Repealed, § 179 ch. 36 SLA 2016.]
(1) "crime against a person" means a crime under AS 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41;
(3) "medical professional" means a person who is an anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, advanced practice registered nurse , mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychologist, psychological associate, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.
(l) A court sentencing a person convicted of theft in the fourth degree under AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of identification marks under AS 11.46.260(b)(3), unlawful possession under AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal simulation under AS 11.46.530(b)(3) may not impose
(1) a sentence of more than 15 days of active imprisonment and a term of probation of more than six months if the person has previously been convicted two times of an offense under AS 11.46.110 — 11.46.220, 11.46.260 — 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements;
(2) a sentence of more than 10 days of active imprisonment and a term of probation of more than six months if the person has previously been convicted once of an offense under AS 11.46.110 — 11.46.220, 11.46.260 — 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements; or
(3) a sentence of more than five days of active imprisonment and a term of probation of more than six months if the person has not been previously convicted of an offense under AS 11.46.110 — 11.46.220, 11.46.260 — 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements.
(m) A court may not impose a sentence of imprisonment for a definite term of more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110.
(n) A court sentencing a person convicted of misconduct involving a controlled substance in the fourth degree under AS 11.71.050(a)(4) or misconduct involving a controlled substance in the fifth degree under AS 11.71.060(a)(2) may not impose
(1) a sentence of active imprisonment, unless the person has previously been convicted more than once of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71; or
(2) a sentence of suspended imprisonment greater than
(A) 30 days, if the defendant has not been previously convicted of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71; or
(B) 180 days, if the person has been previously convicted of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71.
(o) If an aggravating factor is a necessary element of the present offense, that factor may not be used to impose a sentence above the high end of the range.
(p) If the state seeks to establish an aggravating factor at sentencing
(1) under (a)(1)(C) of this section, written notice must be served on the opposing party and filed with the court not later than 10 days before the date set for imposition of sentence; the aggravating factor in (a)(1)(C) of this section must be established by clear and convincing evidence before the court sitting without a jury; all findings must be set out with specificity;
(2) an aggravating factor under (a)(1)(B) of this section shall be presented to a trial jury under procedures set by the court, unless the defendant waives trial by jury, stipulates to the existence of the factor, or consents to have the factor proven under procedures set out in (1) of this subsection; an aggravating factor presented to a jury is established if proved beyond a reasonable doubt; written notice of the intent to establish an aggravating factor must be served on the defendant and filed with the court
(A) not later than 10 days before trial or at a time specified by the court;
(B) not later than 48 hours, or at a time specified by the court, if the court instructs the jury about the option to return a verdict for a lesser included offense; or
(C) not later than five days before entering a plea that results in a finding of guilt or at a time specified by the court unless the defendant waives the notice requirement.
Sec. 12.55.137. Penalties for gang activities punishable as misdemeanors.
(a) If a person commits an offense that would be a class B misdemeanor and the person committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, the offense is a class A misdemeanor.
(b) If a person commits an offense that would be a class A misdemeanor and the person committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, the offense is a class C felony.
Sec. 12.55.139. Penalties for criminal nonsupport and aiding nonpayment of child support.
(a) In addition to other penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the court may suspend, restrict, or revoke, for the period during which the arrearage continues to exist, a recreational license as defined in AS 09.50.020(c), if the defendant is a natural person.
(b) In addition to other penalties imposed for the offense of aiding the nonpayment of child support in the first degree under AS 11.51.121 and for the offense of aiding the nonpayment of child support in the second degree under AS 11.51.122, the court may suspend, restrict, or revoke, for a period not to exceed one year, a recreational license as defined in AS 09.50.020(c), if the defendant is a natural person.
Sec. 12.55.140. Sentences for violations. [Repealed, § 23 ch 59 SLA 1982.]
(a) For purposes of considering prior convictions in imposing sentence under
(1) AS 12.55.125(c), (d), or (e),
(A) a prior conviction may not be considered if a period of 10 or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;
(B) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony defined as such under Alaska law at the time the offense was committed is considered a prior felony conviction;
(C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;
(2) AS 12.55.125(l),
(A) a conviction in this or another jurisdiction of an offense having elements similar to those of a most serious felony is considered a prior most serious felony conviction;
(B) commission of and conviction for offenses relied on as prior most serious felony offenses must occur in the following order: conviction for the first offense must occur before commission of the second offense, and conviction for the second offense must occur before commission of the offense for which the defendant is being sentenced;
(3) AS 12.55.135(g),
(A) a prior conviction may not be considered if a period of five or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;
(B) a conviction in this or another jurisdiction of an offense having elements similar to those of a crime against a person or a crime involving domestic violence is considered a prior conviction;
(4) AS 12.55.125(i),
(A) a conviction in this or another jurisdiction of an offense having elements similar to those of a sexual felony is a prior conviction for a sexual felony;
(B) a felony conviction in another jurisdiction making it a crime to commit any lewd and lascivious act upon a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the sexual desires of the defendant or the victim is a prior conviction for a sexual felony;
(5) AS 12.55.135(a),
(B) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony or misdemeanor defined as such under Alaska law at the time the offense was committed is considered a prior conviction;
(C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective.
(b) When sentence is imposed under this chapter, prior convictions not expressly admitted by the defendant must be proved by authenticated copies of court records served on the defendant or the defendant's counsel at least 20 days before the date set for imposition of sentence.
(c) The defendant shall file with the court and serve on the prosecuting attorney notice of denial, consisting of a concise statement of the grounds relied upon and that may be supported by affidavit or other documentary evidence, no later than 10 days before the date set for the imposition of sentence if the defendant
(1) denies
(A) the authenticity of a prior judgment of conviction;
(B) that the defendant is the person named in the judgment;
(C) that the elements of a prior offense committed in this or another jurisdiction are similar to those of a
(i) felony defined as such under Alaska law;
(ii) most serious felony, defined as such under Alaska law;
(iii) crime against a person or a crime involving domestic violence;
(D) that a prior conviction occurred within the period specified in (a)(1)(A) or (3)(A) of this section; or
(E) that a previous conviction occurred in the order required under (a)(2)(B) of this section; or
(2) alleges that two or more purportedly separate prior convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section.
(d) Matters alleged in a notice of denial shall be heard by the court sitting without a jury. If the defendant introduces substantial evidence that the defendant is not the person named in a prior judgment of conviction, that the judgment is not authentic, that the conviction did not occur within the period specified in (a)(1)(A) or (3)(A) of this section, that a conviction should not be considered a prior felony conviction under (a)(1)(B) of this section, a prior most serious felony conviction under (a)(2)(A) of this section, or a prior crime against a person or a crime involving domestic violence conviction under (a)(3)(B) of this section, or that a previous conviction did not occur in the order required under (a)(2)(B) of this section, then the burden is on the state to prove the contrary beyond a reasonable doubt. The burden of proof that two or more convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section is on the defendant by clear and convincing evidence.
(e) The authenticated judgments of courts of record of the United States, the District of Columbia, or of any state, territory, or political subdivision of the United States are prima facie evidence of conviction.
(f) Under this section, a prior conviction has occurred when a defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict of guilty or guilty but mentally ill has been returned by a jury or by the court.
(1) "crime against a person" has the meaning given in AS 12.55.135;
(2) "crime involving domestic violence" has the meaning given in AS 18.66.990.
Sec. 12.55.147. Fingerprints at time of sentencing.
When a defendant is convicted of a felony by a court of this state, the defendant's fingerprints shall be placed on the judgment of conviction in open court, on the record, at the time of sentencing. The defendant and the person administering the fingerprinting shall sign their names under the fingerprints.
Sec. 12.55.148. Judgment for sex offenses or child kidnappings.
(a) When a defendant is convicted of a sex offense or child kidnapping by a court of this state, the written judgment must set out the requirements of AS 12.63.010 and, if it can be determined by the court, whether that conviction will require the offender or kidnapper to register for life or a lesser period under AS 12.63.
(b) In this section, "sex offense" and "child kidnapping" have the meanings given in AS 12.63.100.
Sec. 12.55.151. Court may not reduce or mitigate punishment based on victim's failure to appear or testify.
Notwithstanding another provision of law, when sentencing a defendant, a court may not mitigate or reduce the punishment of the defendant based on, or otherwise consider as a mitigating factor or reason to impose a lesser punishment, the failure of the crime victim to appear or testify.
Sec. 12.55.155. Factors in aggravation and mitigation.
(a) Except as provided in (e) of this section, if a defendant is convicted of an offense and is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and
(1) the low end of the presumptive range is four years or less, the court may impose any sentence below the presumptive range for factors in mitigation or may increase the active term of imprisonment up to the maximum term of imprisonment for factors in aggravation;
(2) the low end of the presumptive range is more than four years, the court may impose a sentence below the presumptive range as long as the active term of imprisonment is not less than 50 percent of the low end of the presumptive range for factors in mitigation or may increase the active term of imprisonment up to the maximum term of imprisonment for factors in aggravation.
(b) Sentences under this section that are outside of the presumptive ranges set out in AS 12.55.125 shall be based on the totality of the aggravating and mitigating factors set out in (c) and (d) of this section.
(c) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence above the presumptive range set out in AS 12.55.125:
(1) a person, other than an accomplice, sustained physical injury as a direct result of the defendant's conduct;
(2) the defendant's conduct during the commission of the offense manifested deliberate cruelty to another person;
(3) the defendant was the leader of a group of three or more persons who participated in the offense;
(4) the defendant employed a dangerous instrument in furtherance of the offense;
(5) the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or extreme youth or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance;
(6) the defendant's conduct created a risk of imminent physical injury to three or more persons, other than accomplices;
(7) a prior felony conviction considered for the purpose of invoking a presumptive range under this chapter was of a more serious class of offense than the present offense;
(8) the defendant's prior criminal history includes conduct involving aggravated assaultive behavior, repeated instances of assaultive behavior, repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) — (5), or a combination of assaultive behavior and cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) — (5); in this paragraph, "aggravated assaultive behavior" means assault that is a felony under AS 11.41, or a similar provision in another jurisdiction;
(9) the defendant knew that the offense involved more than one victim;
(10) the conduct constituting the offense was among the most serious conduct included in the definition of the offense;
(11) the defendant committed the offense under an agreement that the defendant either pay or be paid for the commission of the offense, and the pecuniary incentive was beyond that inherent in the offense itself;
(12) the defendant was on release under AS 12.30 for another felony charge or conviction or for a misdemeanor charge or conviction having assault as a necessary element;
(13) the defendant knowingly directed the conduct constituting the offense at an active officer of the court or at an active or former judicial officer, prosecuting attorney, law enforcement officer, correctional employee, firefighter, emergency medical technician, paramedic, ambulance attendant, or other emergency responder during or because of the exercise of official duties;
(14) the defendant was a member of an organized group of five or more persons, and the offense was committed to further the criminal objectives of the group;
(15) the defendant has three or more prior felony convictions;
(16) the defendant's criminal conduct was designed to obtain substantial pecuniary gain and the risk of prosecution and punishment for the conduct is slight;
(17) the offense was one of a continuing series of criminal offenses committed in furtherance of illegal business activities from which the defendant derives a major portion of the defendant's income;
(18) the offense was a felony
(A) specified in AS 11.41 and was committed against a spouse, a former spouse, or a member of the social unit made up of those living together in the same dwelling as the defendant;
(B) specified in AS 11.41.410 — 11.41.458 and the defendant has engaged in the same or other conduct prohibited by a provision of AS 11.41.410 — 11.41.460 involving the same or another victim;
(C) specified in AS 11.41 that is a crime involving domestic violence and was committed in the physical presence or hearing of a child under 16 years of age who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the crime involving domestic violence occurred;
(D) specified in AS 11.41 and was committed against a person with whom the defendant has a dating relationship or with whom the defendant has engaged in a sexual relationship; or
(E) specified in AS 11.41.434 — 11.41.458 or AS 11.61.128 and the defendant was 10 or more years older than the victim;
(19) the defendant's prior criminal history includes an adjudication as a delinquent for conduct that would have been a felony if committed by an adult;
(20) the defendant was on furlough under AS 33.30 or on parole or probation for another felony charge or conviction that would be considered a prior felony conviction under AS 12.55.145(a)(1)(B);
(21) the defendant has a criminal history of repeated instances of conduct violative of criminal laws, whether punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced under this section;
(22) the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin;
(23) the defendant is convicted of an offense specified in AS 11.71 and
(A) the offense involved the delivery of a controlled substance under circumstances manifesting an intent to distribute the substance as part of a commercial enterprise; or
(B) at the time of the conduct resulting in the conviction, the defendant was caring for or assisting in the care of a child under 10 years of age;
(24) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the transportation of controlled substances into the state;
(25) the defendant is convicted of an offense specified in AS 11.71 and the offense involved large quantities of a controlled substance;
(26) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance that had been adulterated with a toxic substance;
(27) the defendant, being 18 years of age or older,
(A) is legally accountable under AS 11.16.110(2) for the conduct of a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; or
(B) is aided or abetted in planning or committing the offense by a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant;
(28) the victim of the offense is a person who provided testimony or evidence related to a prior offense committed by the defendant;
(29) the defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang;
(30) the defendant is convicted of an offense specified in AS 11.41.410 — 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to the victim in furtherance of the offense with the intent to make the victim incapacitated; in this paragraph, "incapacitated" has the meaning given in AS 11.41.470;
(31) the defendant's prior criminal history includes convictions for five or more crimes in this or another jurisdiction that are class A misdemeanors under the law of this state, or having elements similar to a class A misdemeanor; two or more convictions arising out of a single continuous episode are considered a single conviction; however, an offense is not a part of a continuous episode if committed while attempting to escape or resist arrest or if it is an assault on a uniformed or otherwise clearly identified peace officer or correctional employee; notice and denial of convictions are governed by AS 12.55.145(b) — (d);
(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the offense occurred on school grounds, on a school bus, at a school-sponsored event, or in the administrative offices of a school district if students are educated at that office; in this paragraph,
(C) "school grounds" has the meaning given in AS 11.71.900;
(33) the offense was a felony specified in AS 11.41.410 — 11.41.455, the defendant had been previously diagnosed as having or having tested positive for HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV or AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in AS 18.15.310;
(34) the defendant committed the offense on, or to affect persons or property on, the premises of a recognized shelter or facility providing services to victims of domestic violence or sexual assault;
(35) the defendant knowingly directed the conduct constituting the offense at a victim because that person was 65 years of age or older.
(d) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence below the presumptive range set out in AS 12.55.125:
(1) the offense was principally accomplished by another person, and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim;
(2) the defendant, although an accomplice, played only a minor role in the commission of the offense;
(3) the defendant committed the offense under some degree of duress, coercion, threat, or compulsion insufficient to constitute a complete defense, but that significantly affected the defendant's conduct;
(4) the conduct of a youthful defendant was substantially influenced by another person more mature than the defendant;
(5) the conduct of an aged defendant was substantially a product of physical or mental infirmities resulting from the defendant's age;
(6) in a conviction for assault under AS 11.41.200 — 11.41.220, the defendant acted with serious provocation from the victim;
(7) except in the case of a crime defined by AS 11.41.410 — 11.41.470, the victim provoked the crime to a significant degree;
(8) before the defendant knew that the criminal conduct had been discovered, the defendant fully compensated or made a good faith effort to fully compensate the victim of the defendant's criminal conduct for any damage or injury sustained;
(9) the conduct constituting the offense was among the least serious conduct included in the definition of the offense;
(10) the defendant was motivated to commit the offense solely by an overwhelming compulsion to provide for emergency necessities for the defendant's immediate family;
(11) after commission of the offense for which the defendant is being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other persons who committed an offense;
(12) the facts surrounding the commission of the offense and any previous offenses by the defendant establish that the harm caused by the defendant's conduct is consistently minor and inconsistent with the imposition of a substantial period of imprisonment;
(13) the defendant is convicted of an offense specified in AS 11.71 and the offense involved small quantities of a controlled substance;
(14) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance, other than a schedule IA controlled substance, to a personal acquaintance who is 19 years of age or older for no profit;
(15) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the possession of a small amount of a controlled substance for personal use in the defendant's home;
(16) in a conviction for assault or attempted assault or for homicide or attempted homicide, the defendant acted in response to domestic violence perpetrated by the victim against the defendant and the domestic violence consisted of aggravated or repeated instances of assaultive behavior;
(17) except in the case of an offense defined by AS 11.41 or AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the time of sentencing, has successfully completed a court-ordered treatment program as defined in AS 28.35.028 that was begun after the offense was committed;
(18) except in the case of an offense defined under AS 11.41 or AS 11.46.400 or a defendant who has previously been convicted of a felony, the defendant committed the offense while suffering from a mental disease or defect as defined in AS 12.47.130 that was insufficient to constitute a complete defense but that significantly affected the defendant's conduct;
(19) the defendant is convicted of an offense under AS 11.71, and the defendant sought medical assistance for another person who was experiencing a drug overdose contemporaneously with the commission of the offense;
(20) except in the case of an offense defined under AS 11.41 or AS 11.46.400, the defendant committed the offense while suffering from a condition diagnosed
(A) as a fetal alcohol spectrum disorder, the fetal alcohol spectrum disorder substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and the fetal alcohol spectrum disorder, though insufficient to constitute a complete defense, significantly affected the defendant's conduct; in this subparagraph, "fetal alcohol spectrum disorder" means a condition of impaired brain function in the range of permanent birth defects caused by maternal consumption of alcohol during pregnancy; or
(B) as combat-related post-traumatic stress disorder or combat-related traumatic brain injury, the combat-related post-traumatic stress disorder or combat-related traumatic brain injury substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and the combat-related post-traumatic stress disorder or combat-related traumatic brain injury, though insufficient to constitute a complete defense, significantly affected the defendant's conduct; in this subparagraph, "combat-related post-traumatic stress disorder or combat-related traumatic brain injury" means post-traumatic stress disorder or traumatic brain injury resulting from combat with an enemy of the United States in the line of duty while on active duty as a member of the armed forces of the United States; nothing in this subparagraph is intended to limit the application of (18) of this subsection;
(21) the defendant, as a condition of release ordered by the court, successfully completed an alcohol and substance abuse monitoring program established under AS 47.38.020.
(e) If a factor in aggravation is a necessary element of the present offense, or requires the imposition of a sentence within the presumptive range under AS 12.55.125(c)(2), that factor may not be used to impose a sentence above the high end of the presumptive range. If a factor in mitigation is raised at trial as a defense reducing the offense charged to a lesser included offense, that factor may not be used to impose a sentence below the low end of the presumptive range.
(f) If the state seeks to establish a factor in aggravation at sentencing
(1) under (c)(7), (8), (12), (15), (18)(B), (19), (20), (21), or (31) of this section, or if the defendant seeks to establish a factor in mitigation at sentencing, written notice must be served on the opposing party and filed with the court not later than 10 days before the date set for imposition of sentence; the factors in aggravation listed in this paragraph and factors in mitigation must be established by clear and convincing evidence before the court sitting without a jury; all findings must be set out with specificity;
(2) other than one listed in (1) of this subsection, the factor shall be presented to a trial jury under procedures set by the court, unless the defendant waives trial by jury, stipulates to the existence of the factor, or consents to have the factor proven under procedures set out in (1) of this subsection; a factor in aggravation presented to a jury is established if proved beyond a reasonable doubt; written notice of the intent to establish a factor in aggravation must be served on the defendant and filed with the court
(A) 20 days before trial, or at another time specified by the court;
(B) within 48 hours, or at a time specified by the court, if the court instructs the jury about the option to return a verdict for a lesser included offense; or
(C) five days before entering a plea that results in a finding of guilt, or at another time specified by the court.
(g) Voluntary alcohol or other drug intoxication or chronic alcoholism or other drug addiction may not be considered an aggravating or mitigating factor.
(h) If one of the aggravating factors in (c) of this section is established as provided in (f)(1) and (2) of this section, the court may increase the term of imprisonment up to the maximum term of imprisonment. Any additional aggravating factor may then be established by clear and convincing evidence by the court sitting without a jury, including an aggravating factor that the jury has found not to have been established beyond a reasonable doubt.
(i) In this section, "serious provocation" has the meaning given in AS 11.41.115(f).
Sec. 12.55.165. Extraordinary circumstances.
(a) If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS 12.55.175.
(b) In making a determination under (a) of this section, the court may not refer a case to a three-judge panel based on the defendant's potential for rehabilitation if the court finds that a factor in aggravation set out in AS 12.55.155(c)(2), (8), (10), (12), (15), (17), (18)(B), (20), (21), or (28) is present.
(c) A court may not refer a case to a three-judge panel under (a) of this section if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the request for the referral is based solely on the claim that the defendant, either singly or in combination, has
(1) prospects for rehabilitation that are less than extraordinary; or
(2) a history free of unprosecuted, undocumented, or undetected sexual offenses.
(d) A court may not refer a case to a three-judge panel under (a) of this section if the request for referral is based, in whole or in part, on the claim that a sentence within the presumptive range may result in the classification of the defendant as deportable under federal immigration law.
Sec. 12.55.175. Three-judge sentencing panel.
(a) There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance with rules and for terms as may be prescribed by the supreme court. Three judges of the panel shall be designated by the chief justice as members. The remaining two judges shall be designated by the chief justice as first and second alternates to sit as members in the event of disqualification or disability in accordance with rules as may be prescribed by the supreme court.
(b) Upon receipt of a record of proceedings under AS 12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel supplements the record, the panel shall permit the victim to testify before the panel. If the panel finds that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS 12.55.125.
(c) The three-judge panel may in the interest of justice sentence the defendant to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS 12.55.015.
(d) Sentencing of a defendant or remanding of a case under this section shall be by a majority of the three-judge panel.
(e) If the three-judge panel determines under (b) of this section that manifest injustice would result from imposition of a sentence within the presumptive range and the panel also finds that the defendant has an exceptional potential for rehabilitation and that a sentence of less than the presumptive range should be imposed because of the defendant's exceptional potential for rehabilitation, the panel
(1) shall sentence the defendant within the presumptive range required under AS 12.55.125 or as permitted under AS 12.55.155;
(2) shall order the defendant under AS 12.55.015 to engage in appropriate programs of rehabilitation; and
(3) may provide that the defendant is eligible for discretionary parole under AS 33.16.090 during the second half of the sentence imposed under this subsection if the defendant successfully completes all rehabilitation programs ordered under (2) of this subsection.
(f) A defendant being sentenced for a sexual felony under AS 12.55.125(i) may not establish, nor may the three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposition of a sentence within the presumptive range based solely on the claim that the defendant, either singly or in combination, has
(g) A defendant being sentenced under AS 12.55.125(c), (d), (e), or (i) may not establish, nor may a three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposing a sentence within the presumptive range based, in whole or in part, on the claim that the sentence may result in the classification of the defendant as deportable under federal immigration law.
Sec. 12.55.180. Designation of representative.
If more than one person who qualifies as a victim under AS 12.55.185 desires notice under AS 12.55.088, the prosecuting attorney shall designate one person to represent all victims for purposes of receiving the notice required and exercising the rights granted under this chapter.
(1) "active term of imprisonment" has the meaning given in AS 12.55.127;
(2) "building" has the meaning given in AS 11.81.900;
(4) "criminal street gang" has the meaning given in AS 11.81.900(b);
(5) "dangerous instrument" has the meaning given in AS 11.81.900;
(6) "domestic violence" has the meaning given in AS 18.66.990;
(7) "firearm" has the meaning given in AS 11.81.900;
(8) "first felony conviction" means that the defendant has not been previously convicted of a felony;
(9) "judicial officer" has the meaning given in AS 11.56.900;
(10) "most serious felony" means
(A) arson in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), online enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41; or
(B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;
(11) "paramedic" means a mobile intensive care paramedic licensed under AS 08.64;
(12) "peace officer" has the meaning given in AS 11.81.900;
(13) "pecuniary gain" means the amount of money or value of property at the time of commission of the offense derived by the defendant from the commission of the offense, less the amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority before sentence is imposed;
(14) "second felony conviction" means that the defendant previously has been convicted of a felony;
(15) "serious physical injury" has the meaning given in AS 11.81.900;
(16) "sexual felony" means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, distribution of child pornography, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, online enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;
(17) "third felony conviction" means that the defendant has been at least twice previously convicted of a felony;
(18) "unconditional discharge" means that a defendant is released from all disability arising under a sentence, including probation and parole;
(19) "victim" means
(A) a person against whom an offense has been perpetrated;
(B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:
(i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or
(ii) a parent, adult child, guardian, or custodian of the person;
(C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:
(i) a person living in a spousal relationship with the deceased before the deceased died;
(ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or
(iii) any other interested person, as may be designated by a person having authority in law to do so.
Article 1. Manner of Preventing Crimes.
Chapter 60. Prevention of Crimes.
Sec. 12.60.010. Resistance to commission of crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.330 — AS 11.81.350.]
Sec. 12.60.020. Manner of preventing crime.
Crimes may be prevented by the intervention of the peace officers
(1) by requiring security to keep the peace;
(2) by forming a police in cities, towns, villages, and settlements, and by requiring their attendance at exposed places;
(3) by suppressing riots.
Sec. 12.60.030. Justification of persons aiding officers in preventing crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.380.]
Article 2. Action on Threatened Crime; Requirements of Undertakings.
Sec. 12.60.040. Action on threatened crime.
A person may bring a complaint in the district court against a person who has threatened to commit a crime against the person or property of another.
Sec. 12.60.050. Examination of complainant and witnesses.
When the complaint is brought, the judge or magistrate shall examine the complainant and require the complainant to sign the complaint under oath, and take signed statements under oath of any witnesses the complainant produces.
Sec. 12.60.060. Arrest.
If it appears that there is good reason to fear the commission of the crime threatened by the person complained of, the judge or magistrate shall have the person complained of arrested and immediately brought before the judge or magistrate.
Sec. 12.60.070. Examination of charge.
When the person complained of appears or is brought before the judge or magistrate, if the charge in the complaint is controverted, the judge or magistrate may subpoena witnesses, hear any statement to the charges made by the person complained of, and hear all other testimony.
Sec. 12.60.080. Adjournment of examination.
The judge or magistrate may adjourn the examination and commit the person complained of, or take bail or a deposit of money in lieu thereof.
Sec. 12.60.090. Discharge for lack of grounds.
If it appears that there is no good reason to fear the commission of the crime alleged to have been threatened, the person complained of shall be discharged.
Sec. 12.60.100. Requirement of undertaking.
If there is good reason to fear the commission of the crime, the person complained of may be required to enter into an undertaking in a sum not exceeding $2,000 as the judge or magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of the state and particularly toward the complainant. The undertaking is valid and binding for not more than one year and may, upon the renewal of the action, be extended for an additional period of not more than one year, or a new undertaking required.
Sec. 12.60.110. Discharge upon giving undertaking.
If the undertaking is given, the party complained of shall be discharged. If the party complained of does not give the undertaking, the judge or magistrate shall commit the party to the custody of a peace officer.
Sec. 12.60.120. Security where crime committed or threatened before court, judge or magistrate.
A person who, in the presence of a court, judge, or magistrate, assaults or threatens to assault another, or to commit an offense against another's property, or who contends with another with angry words to the disturbance of the peace may be ordered by the court, judge, or magistrate without warrant or other proof to give security as provided in this chapter and, if the person omits to do so, may be committed.
Sec. 12.60.130. Discharge upon giving undertaking after commitment.
If the person complained of is committed for not giving the undertaking required, the person may be discharged by any judge or magistrate upon giving the undertaking.
Sec. 12.60.140. Forfeiture of undertaking.
The undertaking is forfeited upon the person complained of being convicted of a breach of the peace.
Sec. 12.60.150. Rights and authorities of sureties.
The sureties in an undertaking to keep the peace are entitled to the rights and authority of bail under AS 12.30 and the Alaska Rules of Criminal Procedure, and may be exonerated from their undertaking in the manner prescribed by law.
Sec. 12.60.160. Requiring security of convicted person.
The court before whom any person is convicted of a crime which, by the judgment of the court, is punished otherwise than by imprisonment in the penitentiary may require that person to enter into an undertaking as provided in AS 12.60.100 for not more than two years. If the person does not provide the undertaking, the court may commit the person until the undertaking is given or the period expires.
Sec. 12.60.170. Security to keep the peace.
An undertaking to keep the peace shall also be considered an undertaking to be of good behavior, and cannot be required except as prescribed in this chapter.
Article 3. Unlawful Assembly.
Sec. 12.60.180. Unlawful or riotous assembly.
Where six or more persons, whether armed or not, are riotously assembled, a district judge, magistrate, peace officer, or the chief executive officer of a city, town, village, or settlement shall go among the persons assembled, or as near to them as can be done with safety, and command them in the name of the state to disperse.
Sec. 12.60.190. Arrest on failure to disperse and commanding aid.
If the persons assembled do not immediately disperse, the district judges, magistrates, and officers shall arrest them. Any two of the officers mentioned in AS 12.60.180 may command the aid of a sufficient number of persons, armed or otherwise, as may be necessary, and may proceed in the manner as in their judgment may be most expedient to disperse the assembly and arrest the offenders.
Sec. 12.60.200. Person refusing to aid officers as rioter. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.60.210. Officer failing to act is guilty of misdemeanor.
If a district judge, magistrate, or officer having notice of an unlawful or riotous assembly, mentioned in AS 12.60.180, neglects to proceed to the place of assembly, or as near as can be done with safety, and to exercise the authority with which invested for suppressing the same and arresting the offenders, that person is guilty of a misdemeanor.
Sec. 12.60.220. Guilt where death ensues.
If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain any of the persons engaged in the assembly, any of the rioters or other persons then present as spectators or otherwise are killed or wounded, the district judge, magistrate, and officers and persons acting in their aid are guiltless of the killing or wounding. However, if a district judge, magistrate, or officer or person acting in their aid is killed or wounded, all the persons unlawfully engaged in the assembly are guilty of the killing or wounding.
Article 4. Rewards.
Sec. 12.60.230. Reward for information leading to conviction of certain persons.
A reward of $200 shall be paid to any person not a peace officer who lodges information that leads to the arrest and conviction of any person or persons maliciously breaking into and entering any cache, cabin, house, or warehouse, whether occupied or unoccupied, located outside the boundaries of an incorporated town in the state.
Sec. 12.60.240. Payment of reward.
The Department of Revenue shall pay all claims for rewards upon certificate by a judge or clerk of the superior court, showing that the claimant has lodged information that resulted in an arrest and conviction under the provisions of AS 12.60.230.
Article 1. Rights and Duties.
Chapter 61. Rights of Victims; Protection of Victims and Witnesses.
Sec. 12.61.010. Rights of crime victims.
(a) Victims of crimes have the following rights:
(1) the right to be present during any proceeding in
(A) the prosecution and sentencing of a defendant if the defendant has the right to be present, including being present during testimony even if the victim is likely to be called as a witness;
(B) the adjudication of a minor as provided under AS 47.12.110;
(2) the right to be notified by the appropriate law enforcement agency or the prosecuting attorney of any request for a continuance that may substantially delay the prosecution and of the date of trial, sentencing, including a proceeding before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which the defendant's release from custody is considered;
(3) the right to be notified that a sentencing hearing or a court proceeding to which the victim has been subpoenaed will not occur as scheduled;
(4) the right to receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts and to be provided with information as to the protection available;
(5) the right to be notified of the procedure to be followed to apply for and receive any compensation under AS 18.67;
(6) at the request of the prosecution or a law enforcement agency, the right to cooperate with the criminal justice process without loss of pay and other employee benefits except as authorized by AS 12.61.017 and without interference in any form by the employer of the victim of crime;
(7) the right to obtain access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having medical assistance administered; however, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;
(8) the right to make a written or oral statement for use in preparation of the presentence report of a felony defendant;
(9) the right to appear personally at the defendant's sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation;
(10) the right to be informed by the prosecuting attorney, at any time after the defendant's conviction, about the complete record of the defendant's convictions;
(11) the right to notice under AS 12.47.095 concerning the status of the defendant found not guilty by reason of insanity;
(12) the right to notice under AS 33.16.087 of a hearing concerning special medical parole of the defendant;
(13) the right to notice under AS 33.16.120 of a hearing to consider or review discretionary parole of the defendant;
(14) the right to notice under AS 33.30.013 of the release or escape of the defendant; and
(15) the right to be notified orally and in writing of and receive information about the office of victims' rights from the law enforcement officer initially investigating the crime and from the prosecuting attorney assigned to the offense; at a minimum, the information provided must include the address, telephone number, and Internet address of the office of victims' rights; this paragraph
(A) applies only to victims of felonies and to victims of class A misdemeanors if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41; if the victim is an unemancipated minor, the law enforcement officer and the prosecuting attorney shall also provide the notice required by this paragraph to the parent or guardian of the minor;
(B) is satisfied if, at the time of initial contact with the crime victim, the investigating officer and prosecuting attorney each give each crime victim a brochure or other written material prepared by the office of victims' rights and provided to law enforcement agencies for that purpose.
(b) Law enforcement agencies, prosecutors, corrections agencies, social services agencies, and the courts shall make every reasonable effort to ensure that victims of crimes have the rights set out in (a) of this section. However, a failure to ensure these rights does not give rise to a separate cause of action against law enforcement agencies, other agencies of the state, or a political subdivision of the state.
Sec. 12.61.015. Duties of prosecuting attorney.
(a) If a victim of a felony or a crime involving domestic violence requests, the prosecuting attorney shall make a reasonable effort to
(1) confer with the person against whom the offense has been perpetrated about that person's testimony before the defendant's trial;
(2) in a manner reasonably calculated to give prompt actual notice, notify the victim
(A) of the defendant's conviction and the crimes of which the defendant was convicted;
(B) of the victim's right in a case that is a felony to make a written or oral statement for use in preparation of the defendant's presentence report, and of the victim's right to appear personally at the defendant's sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation;
(C) of the address and telephone number of the office that will prepare the presentence report; and
(D) of the time and place of the sentencing proceeding;
(3) notify the victim in writing of the final disposition of the case within 30 days after final disposition of the case;
(4) confer with the victim concerning a proposed plea agreement before entering into an agreement;
(5) inform the victim of a pending motion that may substantially delay the prosecution and inform the court of the victim's position on the motion; in this paragraph, a "substantial delay" is
(A) for a misdemeanor, a delay of one month or longer;
(B) for a felony, a delay of two months or longer; and
(C) for an appeal, a delay of six months or longer.
(b) The notice given under (a)(2) of this section must inform the victim that the statement, sworn testimony, or unsworn oral presentation of the victim may contain any relevant information including
(1) an explanation of the nature and extent of physical, psychological, or emotional harm or trauma suffered by the victim;
(2) an explanation of the extent of economic loss or property damage suffered by the victim;
(3) an opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage; and
(4) the recommendation of the victim for an appropriate sentence.
(c) The state and the prosecuting attorney may not be held liable in damages for any failure to comply with the requirements of this section.
Sec. 12.61.016. Duties of agency investigating a sexual offense.
A law enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not disclose information related to the investigation to an employer of the victim unless
(1) the victim expressly permits the disclosure; or
(2) the agency determines the disclosure is necessary to investigate or prevent a crime.
Sec. 12.61.017. Interference by victim's employer.
(a) An employer may not penalize or threaten to penalize a victim of an offense because the victim
(1) is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony; or
(2) reports the offense to a law enforcement agency or participates in the investigation of the offense by a law enforcement agency.
(b) A person who violates (a) of this section is guilty of a violation.
(c) A victim who suffers a pecuniary loss as a result of an employer's act prohibited by this section may bring a civil action to recover actual damages and punitive damages of three times the actual damages sustained.
(d) In this section, "penalize" means to take action affecting the employment status, wages, and benefits payable to the victim, including
(1) demotion or suspension;
(2) dismissal from employment; and
(3) loss of pay or benefits, except pay and benefits that are directly attributable to the victim's absence from employment to
(A) attend the court proceeding;
(B) report the offense to a law enforcement agency;
(C) participate in a law enforcement agency investigation of the offense.
Sec. 12.61.020. Money received as the result of the commission of a crime.
(a) Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, or live entertainment of any kind, or to the expression of the offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay to the state any money that would otherwise be owing to the offender.
(b) A claim by a victim arising out of an order of restitution under AS 12.55.045, or a judgment in a civil action against an offender for damages resulting from a crime is a superior claim for money that would otherwise be paid to the state under (a) of this section.
(c) Notwithstanding other statutory limitations, a civil action by a victim against an offender for damages resulting from the commission of the crime must be commenced within 10 years of the date of the crime or the date of the discovery of the perpetrator of the crime if the perpetrator is unknown on the date of the commission of the crime.
(d) For the purposes of this section, if the offender has not been convicted, proof of the commission of a crime must be established by a preponderance of the evidence.
(1) "offender" means a person who has committed a crime in this state, whether or not the person has been convicted of the crime, or that person's representative or assignee;
If more than one person who qualifies as a victim under AS 12.55.185 makes a request under AS 12.61.010 — 12.61.030, the prosecuting attorney shall designate one person for purposes of receiving the notice required and exercising the rights granted under AS 12.61.010 — 12.61.030.
Sec. 12.61.050. Automated victim notification system.
(a) The Department of Corrections shall establish an automated victim notification system that automatically provides crime victims with notice by telephone when there is a change in the status of their offender. The system must also allow crime victims to initiate telephone calls to the system to receive the latest status report for their offender. An automated victim notification system established under this section satisfies the duty of a state agency to notify a crime victim of the change in status of an offender. The failure of a system to provide notice to a crime victim does not give rise to a separate cause of action by the crime victim against the state, an agency of the state, or a municipality, or the officers, employees, or contractors of the state, agency of the state, or municipality.
(b) Each department and each municipality shall cooperate with the Department of Corrections in establishing and maintaining an automated victim notification system required under this section.
Article 2. Victim and Witness Information Confidentiality.
The purpose of AS 12.61.100 — 12.61.150 is to protect victims of and witnesses to crime from risk of harassment, intimidation, and unwarranted invasion of privacy by prohibiting the unnecessary disclosure of their addresses and telephone numbers.
Sec. 12.61.110. Confidentiality of victim and witness addresses and telephone numbers.
The residence and business addresses and telephone numbers of a victim of a crime or witness to a crime are confidential. A report, paper, picture, photograph, court file, or other document that relates to a crime and contains the residence or business address or telephone number of a victim or witness, and that is in the custody or possession of a public officer or employee, may not be made available for public inspection unless the residence and business addresses and telephone numbers of all victims and witnesses have been deleted.
Sec. 12.61.120. Disclosure to defense; contacts with victims and witnesses.
(a) The prosecution in a criminal case may not be required to furnish to the defendant personally the address or telephone number of a victim or witness absent a showing of good cause as determined by the court. Except as provided in (b) of this section, good cause exists when the defendant is proceeding without counsel. When a defendant is represented by counsel, the address and telephone number of a victim or witness may be disclosed to the defendant's counsel, but the court shall order the defendant's counsel to not disclose the information to the defendant.
(b) If the defendant is proceeding without counsel in a case involving a charged violation of AS 11.41, AS 11.46.300 — 11.46.330, AS 11.56.740, 11.56.807, 11.56.810, AS 11.61.190 — 11.61.210, or a crime involving domestic violence and the court finds that the defendant may pose a continuing threat to the victim of or witness to the offense charged, the court shall protect the address and telephone number of the victim or witness by providing the information only to a person specified by the court or by imposing other restrictions that the court considers necessary. When an address or telephone number is released to a person specified by the court under this subsection, that person, who shall be ordered not to disclose the information to the defendant, shall contact the victim or witness on behalf of the defendant, and the defendant shall meet or speak with the victim or witness only in the presence of that person.
(c) If a defendant or a person acting on behalf of a defendant contacts the victim of an offense with which the defendant is or could be charged, the person shall clearly inform the victim
(1) of the person's identity and specific association with the defendant;
(2) that the victim does not have to talk to the person unless the victim wishes; and
(3) that the victim may have a prosecuting attorney or other person present during an interview.
(d) If a defendant or a person acting on behalf of a defendant wishes to make a recording of statements of the victim of an offense with which the defendant is or could be charged in this or another jurisdiction, or of a witness, the person shall, before recording begins, obtain the consent of the victim or witness to record the statement by clearly informing the victim or witness (1) of the information set out in (c) of this section, (2) that the statement will be recorded if the victim or witness consents, and (3) that the victim or witness may obtain a transcript or other copy of the recorded statement upon request. When recording begins, the person making the recording shall indicate in the recording that the victim or witness has been informed as required by this subsection, and the victim or witness shall state in the recording that consent of the victim or witness to the recording has been given.
(e) If a victim or witness requests a transcript or other copy of a recorded statement taken under (d) of this section, the defense shall prepare the transcript or other copy and provide it to the person whose statement was recorded.
(f) In this section, "recording" means capturing a statement of a person, whether by magnetic tape or other electronic or electromagnetic means.
Sec. 12.61.125. Victims and witnesses of sexual offenses.
(a) The defendant accused of a sexual offense, the defendant's counsel, or an investigator or other person acting on behalf of the defendant, may not
(1) notwithstanding AS 12.61.120, contact the victim of the offense or a witness to the offense if the victim or witness, or the parent or guardian of the victim or witness if the victim or witness is a minor, has informed the defendant or the defendant's counsel in writing or in person that the victim or witness does not wish to be contacted by the defense; a victim or witness who has not informed the defendant or the defendant's counsel in writing or in person that the victim does not wish to be contacted by the defense is entitled to rights as provided in AS 12.61.120;
(2) obtain a statement from the victim of the offense or a witness to the offense, unless,
(A) if the statement is taken as a recording, the recording is taken in compliance with AS 12.61.120, and written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor; the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness talk to the defense; or
(B) if the statement is not taken as a recording, written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor; the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness talk to the defense; a victim or witness making a statement under this subparagraph remains entitled to rights as provided in AS 12.61.120.
(b) A defendant who is the parent or guardian of a minor victim or witness may not provide the authorization required under (a) of the section.
(c) If an attorney, or a person acting on behalf of the defendant for an attorney, violates this section, the court shall refer the violation to the Disciplinary Board of the Alaska Bar Association as a grievance.
(1) "recording" has the meaning given in AS 12.61.120;
(2) "sexual offense" means a violation of AS 11.41.410 — 11.41.470.
Sec. 12.61.127. Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that
(1) the statement is reliable;
(2) similar evidence is unavailable from any other source; and
(3) failure to introduce the statement would substantially undermine the reliability of the fact-finding process and result in manifest injustice.
Sec. 12.61.130. Disclosure during court proceedings.
(a) During a trial or hearing related to a criminal prosecution, the residence and business addresses and telephone numbers of a victim of or witness to the charged offense may not be disclosed in open court, and a victim or witness may not be required to provide the addresses or telephone numbers in response to questioning, unless the court determines that the information is necessary and relevant to the facts of the case. The burden to establish the need and relevance for disclosure is on the party seeking disclosure. Before ordering disclosure, the court shall take appropriate measures to minimize the risk of personal harm to the victim or witness that would result from the disclosure.
(b) The address or telephone number of a victim of or witness to a charged offense may not be placed in the court file or court documents relating to that offense except when
(1) the address is used to identify the place of the crime; or
(2) the address or telephone number is contained in a transcript of a court proceeding and disclosure of the address or telephone number was ordered under (a) of this section.
Sec. 12.61.140. Disclosure of victim's name.
(a) The portion of the records of a court or law enforcement agency that contains the name of the victim of an offense under AS 11.41.300(a)(1)(C) or 11.41.410 — 11.41.460
(1) shall be withheld from public inspection, except with the consent of the court in which the case is or would be prosecuted; and
(2) is not a public record under AS 40.25.110 — 40.25.125.
(b) In all written court records open to public inspection, the name of the victim of an offense under AS 11.41.300(a)(1)(C) or 11.41.410 — 11.41.460 may not appear. Instead, the victim's initials shall be used. However, a sealed record containing the victim's name shall be kept by the court in order to ensure that a defendant is not charged twice for the same offense.
Sec. 12.61.150. Public and media access.
AS 12.61.100 — 12.61.150 may not be construed to require the court to exclude the public from any stage of the criminal proceeding or to interfere with the right of news media to report information lawfully obtained.
(2) "person acting on behalf of a defendant" includes the defendant's attorney, an agent of the defendant or the defendant's attorney, or a person specified by the court under AS 12.61.120(b) or an agent of that person, but does not include the defendant;
(3) "victim" has the meaning given in AS 12.55.185;
(4) "witness" means a person contacted in connection with a criminal case because the person may have knowledge or information about the criminal case.
Article 1. Criminal Justice Information.
Chapter 62. Criminal Justice Information and Records Checks.
It is the intent of the legislature that the department administer the provisions of this chapter in a manner that protects victims of crime, allows the proper administration of justice, and avoids vigilantism.
Secs. 12.62.010 — 12.62.015. Regulations; collection and security of information. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.110 — 12.62.150.]
Sec. 12.62.017. Annual report to commission. [Repealed, § 35 ch 126 SLA 1994.]
Secs. 12.62.020 — 12.62.035. Collection, storage, access, and use. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.160.]
Secs. 12.62.040 — 12.62.070. Security, updating; interstate exchange of information; remedies; definitions. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.170 — 12.62.190.]
Sec. 12.62.100. Criminal justice information advisory board; functions and duties.
(a) The Criminal Justice Information Advisory Board is established in the department. The board consists of the following members:
(1) a member of the general public appointed by and serving at the pleasure of the governor;
(2) a municipal police chief appointed by and serving at the pleasure of the governor; in making this appointment, the governor shall consult with the Alaska Association of Chiefs of Police;
(4) the chief justice of the supreme court or the chief justice's designee;
(5) the commissioner of administration or the commissioner's designee;
(6) the commissioner of corrections or the commissioner's designee;
(8) the commissioner of public safety or the commissioner's designee, who will serve as chair of the board; and
(9) the executive director of the Alaska Judicial Council or the executive director's designee.
(b) Members of the board receive no compensation for services on the board, but are entitled to per diem and travel expenses authorized for boards under AS 39.20.180.
(c) The board shall meet at least once every six months.
(d) The board shall advise the department and other criminal justice agencies on matters pertaining to the development and operation of the central repository described in AS 12.62.110(1) and other criminal justice information systems, including providing advice about regulations and procedures, and estimating the resources and costs of those resources, needed to carry out the provisions of this chapter.
Sec. 12.62.110. Duties of the commissioner regarding information systems.
(1) develop and operate a criminal justice information system to serve as the state's central repository of criminal history record information, and to collect, store, and release criminal justice information as provided in this chapter;
(2) consult with the board established by AS 12.62.100 regarding matters concerning the operation of the department's criminal justice information systems;
(3) provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes, and compile and publish statistics and other information on the nature and extent of crime in the state;
(4) cooperate with other agencies of the state, the criminal record repositories of other states, the Interstate Identification Index, the National Law Enforcement Telecommunications System, the National Crime Information Center, and other appropriate agencies or systems, in the development and operation of an effective interstate, national, and international system of criminal identification, records, and statistics; and
(5) in accordance with AS 44.62 (Administrative Procedure Act), adopt regulations necessary to implement the provisions of this chapter; in adopting the regulations, the commissioner may consult with affected law enforcement agencies regarding the fiscal implications of the regulations; regulations may not be adopted under this section that affect procedures of the court system.
Sec. 12.62.120. Reporting of criminal justice information.
(a) The commissioner, by regulation and after consultation with the board and affected agencies, may designate which criminal justice agencies are responsible for reporting the events described in (b) of this section. An agency designated under this subsection shall report the events described in (b) of this section to the department, at the time, in the manner, and in the form specified by the department.
(b) An agency designated under (a) of this section shall report the following events to the department if they occur in connection with an arrestable offense:
(1) the issuance, receipt, withdrawal, quashing, or execution of a judicial arrest warrant, a governor's warrant of arrest for extradition, or a parole arrest warrant;
(2) an arrest, with or without a warrant, or an escape after arrest;
(3) the release of a person after arrest without charges being filed;
(4) the admittance to, release or escape from, or unlawful evasion of, official detention in a correctional facility, either pretrial or post-trial;
(5) a decision by a prosecutor or a grand jury not to commence criminal proceedings, to defer or indefinitely postpone prosecution, or to decline to prosecute charges;
(6) the filing of a charging document, including an indictment, criminal complaint, criminal information, or a petition or other document showing a violation of bail, probation, or parole, or the amendment of a charging document;
(7) an acquittal, dismissal, conviction, or other disposition of charges set out in a charging document described in (6) of this subsection;
(8) the imposition of a sentence or the granting of a suspended imposition of sentence under AS 12.55.085;
(9) the commencement or expiration of parole or probation supervision and the conditions of that parole or probation supervision;
(10) the commitment to or release from a facility, designated by the Department of Health and Social Services, of a person who was previously accused of a crime but who has been found to be incompetent to stand trial or found not criminally responsible;
(11) the filing of an action in an appellate court or a federal court relating to a conviction or sentence;
(12) a judgment of a court that reverses, remands, vacates, or reinstates a criminal charge, conviction, or sentence;
(13) a pardon, reprieve, executive clemency, commutation of sentence, or other change in the length or terms of a sentence by executive or judicial action;
(14) the release of a person on bail and the conditions of that release; and
(15) any other event required to be reported under regulations adopted under this chapter.
Sec. 12.62.130. Reporting of uniform crime information.
A criminal justice agency shall submit to the department, at the time, in the manner, and in the form specified by the department, data regarding crimes committed within that agency's jurisdiction. At a minimum, the department shall require a criminal justice agency to report each felony sex offense committed in the agency's jurisdiction. The department may withhold grant funding to a criminal justice agency that fails to report data as required by this section. The department shall compile, and provide to the governor and the attorney general, an annual report concerning the number and nature of criminal offenses committed, the disposition of the offenses, and any other data the commissioner finds appropriate relating to the method, frequency, cause, and prevention of crime. In this section, "sex offense" has the meaning given in AS 12.63.100.
Sec. 12.62.140. Reporting of information regarding wanted persons and stolen property.
(a) A criminal justice agency shall report to the department, at the time, in the manner, and in the form specified by the department, data regarding
(1) a person the agency is trying to locate, whether that person is wanted in connection with the commission of a crime, and the discovery, if any, of that person;
(2) the theft, and recovery if any, of an identifiable motor vehicle; and
(3) the theft, and recovery if any, of identifiable property.
(b) A criminal justice agency, annually and at other times if requested by the department, shall confirm whether information already reported under (a) of this section continues to be valid, and shall cooperate with the department in periodic audits to validate the information reported.
Sec. 12.62.150. Completeness, accuracy, and security of criminal justice information.
(a) A criminal justice agency shall
(1) adopt reasonable procedures to ensure that criminal justice information that the agency maintains is accurate and complete;
(2) notify a criminal justice agency known to have received information of a material nature that is inaccurate or incomplete;
(3) provide adequate procedures and facilities to protect criminal justice information from unauthorized access and from accidental or deliberate damage by theft, sabotage, fire, flood, wind, or power failure;
(4) provide procedures for screening, supervising, and disciplining agency personnel in order to minimize the risk of security violations;
(5) provide training for employees working with or having access to criminal justice information;
(6) if maintaining criminal justice information within an automated information system operated by a noncriminal justice agency, develop or approve system operating procedures to comply with this chapter or regulations adopted under this chapter, and monitor the implementation of those procedures to ensure that they are effective; and
(7) maintain, for at least three years, and make available for audit purposes,
(A) records showing the accuracy and completeness of information maintained by the agency in a criminal justice information system; and
(B) records required to be maintained under AS 12.62.160(c)(4).
(b) The department shall adopt reasonable procedures designed to ensure that information about arrests and criminal charges that is stored in a criminal justice information system can be linked with information about the disposition of those arrests and charges.
(c) Every two years the department shall undertake an audit, and every four years shall obtain an independent audit, of the department's criminal justice information system that serves as the central repository and of a sample of other state and local criminal justice information systems, to verify adherence to the requirements of this chapter and other applicable laws. The department shall provide to the board the final report of each audit.
Sec. 12.62.160. Release and use of criminal justice information; fees.
(a) Criminal justice information and the identity of recipients of criminal justice information are confidential and exempt from disclosure under AS 40.25. The existence or nonexistence of criminal justice information may not be released to or confirmed to any person except as provided in this section and AS 12.62.180(d).
(b) Subject to the requirements of this section, and except as otherwise limited or prohibited by other provision of law or court rule, criminal justice information
(1) may be provided to a person when, and only to the extent, necessary to avoid imminent danger to life or extensive damage to property;
(2) may be provided to a person to the extent required by applicable court rules or under an order of a court of this state, another state, or the United States;
(3) may be provided to a person if the information is commonly or traditionally provided by criminal justice agencies in order to identify, locate, or apprehend fugitives or wanted persons or to recover stolen property, or for public reporting of recent arrests, charges, and other criminal justice activity;
(4) may be provided to a criminal justice agency for a criminal justice activity;
(5) may be provided to a government agency when necessary for enforcement of or for a purpose specifically authorized by state or federal law;
(6) may be provided to a person specifically authorized by a state or federal law to receive that information;
(7) in aggregate form may be released to a qualified person, as determined by the agency, for criminal justice research, subject to written conditions that assure the security of the information and the privacy of individuals to whom the information relates;
(8) may be provided to a person for any purpose, except that information may not be released if the information is nonconviction information or correctional treatment information;
(9) including information relating to a serious offense, may be provided to an interested person if the information is requested for the purpose of determining whether to grant a person supervisory or disciplinary power over a minor or dependent adult; and
(10) may be provided to the person who is the subject of the information.
(c) Unless otherwise provided for in regulations adopted by the commissioner, if access to criminal justice information is permitted under (b) of this section
(1) the information may be released only by the agency maintaining that information;
(2) the information may not be released under this section without first determining that the information is the most current information available within that criminal justice information system, unless the system is incapable of providing the most current information available within the necessary time period;
(3) the information may not be released under this section until the person requesting the information establishes the identity of the subject of the information by fingerprint comparison or another reliable means of identification approved by the department;
(4) the information may not be released under this section unless the criminal justice agency releasing the information records, and maintains for at least three years, the name of the person or agency that is to receive the information, the date the information was released, the nature of the information, and the statutory authority that permits the release; and
(5) information released under this section may be used only for the purpose or activity for which the information was released.
(d) Notwithstanding AS 40.25, a criminal justice agency may charge fees, established by regulation or municipal ordinance, for processing requests for records under this chapter, unless the request is from a criminal justice agency or is required for purposes of discovery in a criminal case. In addition to fees charged under AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint system, the department may charge fees for other services in connection with the processing of information requests, including fees for contacting other jurisdictions to determine the disposition of an out-of-state arrest or to clarify the nature of an out-of-state conviction. The department may also collect and account for fees charged by the Federal Bureau of Investigation for processing fingerprints forwarded to the bureau by the department. The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the department to carry out the purposes of this chapter.
(e) When an interested person requests information under (b)(9) of this section, the department may also obtain a national criminal history record check under AS 12.62.400 if the person submits the fingerprints and fees required for that check under (d) of this section.
Sec. 12.62.170. Correction of criminal justice information.
(a) A criminal justice agency shall correct, modify, or add an explanatory notation to criminal history records that the agency is responsible for maintaining if the revision is necessary to achieve accuracy or completeness.
(b) A person may submit a written request to the head of the agency responsible for maintaining criminal justice information asking the agency to correct, modify, or add any information or explanatory notation to criminal justice information about the person that the person believes is inaccurate or incomplete. The decision of the head of the agency is the final administrative decision on the request.
(c) The person requesting revision of criminal justice information may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was in error. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.
Sec. 12.62.180. Sealing of criminal justice information.
(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining.
(b) A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. The decision of the head of the agency is the final administrative decision on the request.
(c) The person requesting that the information be sealed may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was clearly mistaken. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.
(d) A person about whom information is sealed under this section may deny the existence of the information and of an arrest, charge, conviction, or sentence shown in the information. Information that is sealed under this section may be provided to another person or agency only
(1) for record management purposes, including auditing;
(2) for criminal justice employment purposes;
(3) for review by the subject of the record;
(4) for research and statistical purposes;
(5) when necessary to prevent imminent harm to a person; or
(6) for a use authorized by statute or court order.
Sec. 12.62.190. Purging of criminal justice information.
(a) A criminal justice agency may purge only the criminal justice information that the agency is responsible for maintaining. An agency may determine when and what information will be purged, under (b) of this section.
(b) Criminal justice information may be purged if the agency determines that the information is devoid of usefulness to a criminal justice agency due to the
(1) death of the subject of the information;
(2) age of the information;
(3) nature of the offense or of the information;
(4) volume of the agency's records or other record management considerations.
Sec. 12.62.200. Civil action and defense.
(a) Failure to comply with a requirement of this chapter or a regulation adopted under this chapter is not a basis for civil liability, but may be the basis for employee discipline or administrative action to restrict a person's or agency's access to information. However, a person whose criminal justice information has been released or used in knowing violation of this chapter or a regulation adopted under this chapter may bring an action for damages in the superior court.
(b) It is a defense to a civil or criminal action based on a violation of this chapter, or regulations adopted under this chapter, if a person relied in good faith upon the provisions of this chapter or of other laws or regulations governing maintenance, release, or use of criminal justice information, or upon policies or procedures established by a criminal justice agency.
Article 2. National Criminal History Record Check.
Sec. 12.62.400. National criminal history record checks for employment, licensing, and other noncriminal justice purposes.
(a) To obtain a national criminal history record check for determining a person's qualifications for a license, permit, registration, employment, or position, a person shall submit the person's fingerprints to the department with the fee established by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the person for the purpose of evaluating a person's qualifications for
(1) a license or conditional contractor's permit to manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage under AS 04.11;
(2) licensure as a mortgage lender, a mortgage broker, or a mortgage loan originator under AS 06.60;
(3) admission to the Alaska Bar Association under AS 08.08;
(4) licensure as a collection agency operator under AS 08.24;
(5) a certificate of fitness to handle explosives under AS 08.52;
(6) licensure as a massage therapist under AS 08.61;
(7) licensure to practice nursing or certification as a nurse aide under AS 08.68;
(8) certification as a real estate appraiser under AS 08.87;
(9) a position involving supervisory or disciplinary power over a minor or dependent adult for which criminal justice information may be released under AS 12.62.160(b)(9);
(10) a teacher certificate under AS 14.20;
(11) a registration or license to operate a marijuana establishment under AS 17.38;
(12) licensure as a security guard under AS 18.65.400 - 18.65.490;
(13) a concealed handgun permit under AS 18.65.700 - 18.65.790;
(14) licensure as an insurance producer, managing general agent, reinsurance intermediary broker, reinsurance intermediary manager, surplus lines broker, or independent adjuster under AS 21.27;
(15) serving and executing process issued by a court by a person designated under AS 22.20.130;
(16) a school bus driver license under AS 28.15.046;
(17) licensure as an operator or an instructor for a commercial driver training school under AS 28.17;
(18) registration as a broker-dealer, agent, investment adviser representative, or state investment adviser under AS 45.55.030 - 45.55.060.
(b) Notwithstanding (a) of this section, an applicant for a license under AS 06.60 may submit the applicant's fingerprints to the Nationwide Mortgage Licensing System and Registry. In this subsection, "Nationwide Mortgage Licensing System and Registry" has the meaning given in 12 U.S.C. 5102.
(1) "agency" means a criminal justice agency;
(2) "automatic data processing" has the meaning given in AS 44.21.170;
(3) "board" means the Criminal Justice Information Advisory Board;
(4) "commissioner" means the commissioner of public safety;
(5) "complete" means that a criminal history record contains information about the disposition of criminal charges occurring in the state and entered within 90 days after the disposition occurred;
(6) "correctional treatment information" means information about an identifiable person, excluding past conviction information or current offender information, collected to monitor that person in a correctional facility or while under correctional supervision, including the person's current or past institutional behavior, medical or psychological condition, or rehabilitative progress;
(8) "criminal history record information" means information that contains
(A) past conviction information;
(B) current offender information;
(C) criminal identification information;
(9) "criminal identification information" means fingerprints, photographs, and other information or descriptions that identify a person as having been the subject of a criminal arrest or prosecution;
(10) "criminal justice activity" means
(A) investigation, identification, apprehension, detention, pretrial or post-trial release, prosecution, adjudication, or correctional supervision or rehabilitation of a person accused or convicted of a crime;
(B) collection, storage, transmission, and release of criminal justice information; or
(C) the employment of personnel engaged in activities described in (A) or (B) of this paragraph;
(11) "criminal justice agency" means
(A) a court with criminal jurisdiction or an employee of that court;
(B) a government entity or subdivision of a government entity that allocates a substantial portion of its budget to a criminal justice activity under a law, regulation, or ordinance; or
(C) an individual or organization obligated to undertake a criminal justice activity under a written agreement with an agency described in (A) or (B) of this paragraph; as used in this subparagraph, "organization" includes an interagency or interjurisdictional task force formed to further common criminal justice goals;
(12) "criminal justice information" means any of the following, other than a court record, a record of traffic offenses maintained for the purpose of regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of a court under AS 47.12:
(A) criminal history record information;
(B) nonconviction information;
(C) correctional treatment information;
(D) information relating to a person to be located, whether or not that person is wanted in connection with the commission of a crime;
(13) "criminal justice information system" means an automatic data processing system used to collect, store, display, or transmit criminal justice information, and that permits information within the system, without action by the agency maintaining the information, to be directly accessed by another principal department of the state, another branch of state government, an agency of another state or the federal government, or by a political subdivision of a state or the federal government;
(14) "current offender information" means information showing that an identifiable person
(A) is currently under arrest for or is charged with a crime and
(i) prosecution is under review or has been deferred by written or oral agreement;
(ii) a warrant exists for the person's arrest; or
(iii) less than a year has elapsed since the date of the arrest or filing of the charges, whichever is latest;
(B) is currently released on bail or on other conditions imposed by a court in a criminal case, either pretrial or post-trial, including the conditions of the release;
(C) is currently serving a criminal sentence or is under the custody of the commissioner of corrections for supervision purposes; "current offender information" under this subparagraph includes
(i) the terms and conditions of any sentence, probation, suspended imposition of sentence, discretionary or mandatory parole, furlough, executive clemency, or other release; and
(ii) the location of any place of incarceration, halfway house, restitution center, or other correctional placement to which the person is assigned; or
(D) has had a criminal conviction or sentence reversed, vacated, set aside, or has been the subject of executive clemency;
(15) "department" means the Department of Public Safety;
(16) "dependent adult" means an adult with a physical or mental disability who requires assistance or supervision with the activities of daily living;
(17) "information" means, unless the context clearly indicates otherwise, data compiled within a criminal justice information system;
(18) "interested person" means a person as defined in AS 01.10.060 that employs, appoints, or permits a person to serve with or without compensation in a position in which the employed, appointed, or permitted person has or would have supervisory or disciplinary power over a minor or dependent adult;
(19) "nonconviction information" means information that an identifiable person was arrested or that criminal charges were filed or considered against the person and
(A) a prosecutor or grand jury has elected not to begin criminal proceedings against the person and at least a year has elapsed since that decision;
(B) criminal charges against the person have been dismissed or the person has been acquitted and at least a year has elapsed since that action; or
(C) there is no indication of the disposition of the criminal charges or the arrest and at least a year has elapsed since the arrest, filing of the charges, or referral of the matter for review by a prosecutor, whichever is latest;
(20) "past conviction information" means information showing that an identifiable person who has been unconditionally discharged has previously been convicted of a crime; "past conviction information" includes
(A) the terms of any sentence, probation, suspended imposition of sentence, or discretionary or mandatory parole; and
(B) information that a criminal conviction or sentence has been reversed, vacated, set aside, or been the subject of executive clemency;
(21) "purge" means to delete or destroy information in a criminal justice information system so that there can be no access to the information;
(22) "seal" means to retain information in a criminal justice information system subject to special restrictions on access or dissemination;
(23) "serious offense" means a conviction for a violation or for an attempt, solicitation, or conspiracy to commit a violation of any of the following laws, or of the laws of another jurisdiction with substantially similar elements:
(A) a felony offense;
(B) a crime involving domestic violence;
(C) AS 11.41.410 — 11.41.470;
(D) AS 11.51.130 or 11.51.200 — 11.56.210;
(E) AS 11.61.110(a)(7) or 11.61.125;
(F) AS 11.66.100 — 11.66.130;
(G) former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160; or
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 — 11.40.420, if committed before January 1, 1980.
Chapter 63. Registration of Sex Offenders.
Sec. 12.63.010. Registration of sex offenders and related requirements.
(a) A sex offender or child kidnapper who is physically present in the state shall register as provided in this section. The sex offender or child kidnapper shall register
(1) within the 30-day period before release from an in-state correctional facility;
(2) by the next working day following conviction for a sex offense or child kidnapping if the sex offender is not incarcerated at the time of conviction; or
(3) by the next working day of becoming physically present in the state.
(b) A sex offender or child kidnapper required to register under (a) of this section shall register with the Department of Corrections if the sex offender or child kidnapper is incarcerated or in person at the Alaska state trooper post or municipal police department located nearest to where the sex offender or child kidnapper resides at the time of registration. To fulfill the registration requirement, the sex offender or child kidnapper shall
(1) complete a registration form that includes, at a minimum,
(A) the sex offender's or child kidnapper's name, address, place of employment, and date of birth;
(B) each conviction for a sex offense or child kidnapping for which the duty to register has not terminated under AS 12.63.020, the date of the sex offense or child kidnapping convictions, the place and court of the sex offense or child kidnapping convictions, and whether the sex offender or child kidnapper has been unconditionally discharged from the conviction for a sex offense or child kidnapping and the date of the unconditional discharge; if the sex offender or child kidnapper asserts that the offender or kidnapper has been unconditionally discharged, the offender or kidnapper shall supply proof of that discharge acceptable to the department;
(C) all aliases used;
(D) the sex offender's or child kidnapper's driver's license number;
(E) the description, license numbers, and vehicle identification numbers of motor vehicles the sex offender or child kidnapper has access to, regardless of whether that access is regular or not;
(F) any identifying features of the sex offender or child kidnapper;
(G) anticipated changes of address;
(H) a statement concerning whether the offender or kidnapper has had treatment for a mental abnormality or personality disorder since the date of conviction for an offense requiring registration under this chapter; and
(I) each electronic mail address, instant messaging address, and other Internet communication identifier used by the sex offender or child kidnapper;
(2) allow the Alaska state troopers, Department of Corrections, or municipal police to take a complete set of the sex offender's or child kidnapper's fingerprints and to take the sex offender's or child kidnapper's photograph.
(c) If a sex offender or child kidnapper changes residence after having registered under (a) of this section, the sex offender or child kidnapper shall provide written notice of the change by the next working day following the change to the Alaska state trooper post or municipal police department located nearest to the new residence or, if the residence change is out of state, to the central registry. If a sex offender or child kidnapper establishes or changes an electronic mail address, instant messaging address, or other Internet communication identifier, the sex offender or child kidnapper shall, by the next working day, notify the department in writing of the changed or new address or identifier.
(d) A sex offender or child kidnapper required to register
(1) for 15 years under (a) of this section and AS 12.63.020(a)(2) shall, annually, during the term of a duty to register under AS 12.63.020, on a date set by the department at the time of the sex offender's or child kidnapper's initial registration, provide written verification to the department, in the manner required by the department, of the sex offender's or child kidnapper's address and notice of any changes to the information previously provided under (b)(1) of this section;
(2) for life under (a) of this section and AS 12.63.020(a)(1) shall, not less than quarterly, on a date set by the department, provide written verification to the department, in the manner required by the department, of the sex offender's or child kidnapper's address and any changes to the information previously provided under (b)(1) of this section.
(e) The registration form required to be submitted under (b) of this section and the annual or quarterly verifications must be sworn to by the offender or kidnapper and contain an admonition that a false statement shall subject the offender or kidnapper to prosecution for perjury.
(f) In this section, "correctional facility" has the meaning given in AS 33.30.901.
Sec. 12.63.020. Duration of sex offender or child kidnapper duty to register.
(a) The duty of a sex offender or child kidnapper to comply with the requirements of AS 12.63.010 for each sex offense or child kidnapping
(1) continues for the lifetime of a sex offender or child kidnapper convicted of
(A) one aggravated sex offense; or
(B) two or more sex offenses, two or more child kidnappings, or one sex offense and one child kidnapping; for purposes of this section, a person convicted of indecent exposure before a person under 16 years of age under AS 11.41.460 more than two times has been convicted of two or more sex offenses;
(2) ends 15 years following the sex offender's or child kidnapper's unconditional discharge from a conviction for a single sex offense that is not an aggravated sex offense or for a single child kidnapping if the sex offender or child kidnapper has supplied proof that is acceptable to the department of the unconditional discharge; the registration period under this paragraph
(A) is tolled for each year that a sex offender or child kidnapper
(i) fails to comply with the requirements of this chapter;
(ii) is incarcerated for the offense or kidnapping for which the offender or kidnapper is required to register or for any other offense;
(B) may include the time a sex offender or child kidnapper was absent from this state if the sex offender or child kidnapper has complied with any sex offender or child kidnapper registration requirements of the jurisdiction in which the offender or kidnapper was located and if the sex offender or child kidnapper provides the department with proof of the compliance while the sex offender or child kidnapper was absent from this state; and
(C) continues for a sex offender or child kidnapper who has not supplied proof acceptable to the department of the offender's or kidnapper's unconditional discharge for the sex offense or child kidnapping requiring registration.
(b) The department shall adopt, by regulation, procedures to notify a sex offender or child kidnapper who, on the registration form under AS 12.63.010, lists a conviction for a sex offense or child kidnapping that is a violation of a former law of this state or a law of another jurisdiction, of the duration of the offender's or kidnapper's duty under (a) of this section for that sex offense or child kidnapping. As a part of the regulations, the department shall require the offender or kidnapper to supply proof acceptable to the department of unconditional discharge and the date it occurred.
Sec. 12.63.030. Notification of other jurisdictions.
(a) If a sex offender or child kidnapper notifies the department that the sex offender or child kidnapper is moving from the state, the department shall notify the Federal Bureau of Investigation and the state where the sex offender or child kidnapper is moving of the sex offender's or child kidnapper's intended address.
(b) If a sex offender or child kidnapper fails to register or to verify the sex offender's or child kidnapper's address and registration under this chapter, or the department does not know the location of a sex offender or child kidnapper required to register under this chapter, the department shall immediately notify the Federal Bureau of Investigation.
(1) "aggravated sex offense" means
(A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction; in this subparagraph, "sexual offense" has the meaning given in AS 11.41.100(a)(3);
(B) a crime under AS 11.41.110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:
(i) sexual assault in the first degree;
(ii) sexual assault in the second degree;
(iii) sexual abuse of a minor in the first degree; or
(iv) sexual abuse of a minor in the second degree; or
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under AS 11.41.410, 11.41.434, or a similar law of another jurisdiction or a similar provision under a former law of this state;
(2) "child kidnapping" means
(A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping;
(B) a crime under AS 11.41.110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping if the victim was under 18 years of age at the time of the offense; or
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under AS 11.41.300, or a similar law of another jurisdiction or a similar provision under a former law of this state, if the victim was under 18 years of age at the time of the offense;
(3) "conviction" means that an adult, or a juvenile charged as an adult under AS 47.12 or a similar procedure in another jurisdiction, has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury, of a sex offense or child kidnapping regardless of whether the judgment was set aside under AS 12.55.085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; "conviction" does not include a judgment that has been reversed or vacated by a court;
(4) "department" means the Department of Public Safety;
(5) "sex offender or child kidnapper" means a person convicted of a sex offense or child kidnapping in this state or another jurisdiction regardless of whether the conviction occurred before, after, or on January 1, 1999;
(6) "sex offense" means
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:
(i) AS 11.41.410 — 11.41.438;
(ii) AS 11.41.440(a)(2);
(iii) AS 11.41.450 — 11.41.458;
(iv) AS 11.41.460 if the indecent exposure is before a person under 16 years of age and the offender has a previous conviction for that offense;
(v) AS 11.61.125 — 11.61.128;
(vi) AS 11.66.110 or 11.66.130(a)(2)(B) if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;
(vii) former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160, former AS 11.40.110, or former 11.40.200;
(viii) AS 11.61.118(a)(2) if the offender has a previous conviction for that offense; or
(ix) AS 11.66.100(a)(2) if the offender is subject to punishment under AS 11.66.100(e);
(7) "unconditional discharge" has the meaning given in AS 12.55.185.
Chapter 64. National Crime Prevention and Privacy Compact.
The National Crime Prevention and Privacy Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining in it in a form substantially as follows:
The contracting parties agree to the following:
OVERVIEW (a) In general. This Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
(b) Obligations of parties. Under this Compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.
In this Compact, unless the context clearly requires otherwise:
(1) "attorney general" means the attorney general of the United States;
(2) "Compact officer" means
(A) with respect to the federal government, an official so designated by the director of the FBI; and
(B) with respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository;
(3) "council" means the Compact Council established under Article VI;
(4) "criminal history records"
(A) means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
(B) does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system;
(5) "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized record keeping functions for criminal history records and services in the state;
(6) "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; the administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records;
(7) "criminal justice agency" means
(A) courts;
(B) a governmental agency or any subunit thereof that
(i) performs the administration of criminal justice pursuant to a statute or executive order; and
(ii) allocates a substantial part of its annual budget to the administration of criminal justice; and
(C) federal and state inspectors general offices;
(8) "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes;
(9) "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI;
(10) "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency;
(11) "executive order" means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law;
(12) "FBI" means the Federal Bureau of Investigation;
(13) "Interstate Identification Index System" or "III System"
(A) means the cooperative federal-state system for the exchange of criminal history records;
(B) includes the National Identification Index, the National Fingerprint File, and to the extent of their participation in such system, the criminal history record repositories of the states and the FBI;
(14) "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System;
(15) "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System;
(16) "national indices" means the National Identification Index and the National Fingerprint File;
(17) "nonparty state" means a state that has not ratified this Compact;
(18) "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances;
(19) "party state" means a state that has ratified this Compact;
(20) "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System; identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification;
(21) "sealed record information" means
(A) with respect to adults, that portion of a record that is
(i) not available for criminal justice uses;
(ii) not supported by fingerprints or other accepted means of positive identification; or
(iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
(B) with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure;
(22) "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
The purposes of this Compact are to
(1) provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
(2) require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the council under Article VI;
(3) require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the council under Article VI;
(4) provide for the establishment of a council to monitor the III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
(5) require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
(a) FBI responsibilities. The director of the FBI shall
(1) appoint an FBI Compact officer who shall
(A) administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c);
(B) ensure that Compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and
(C) regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;
(2) provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including
(A) information from nonparty states; and
(B) information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;
(3) provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
(4) modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
(b) State responsibilities. Each party state shall
(1) appoint a Compact officer who shall
(A) administer this Compact within that state;
(B) ensure that Compact provisions and rules, procedures, and standards established by the council under Article VI are complied with in the state; and
(C) regulate the in-state use of records received by means of the III System from the FBI or from other party states;
(2) establish and maintain a criminal history record repository, which shall provide
(A) information and records for the National Identification Index and the National Fingerprint File; and
(B) the state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV;
(3) participate in the National Fingerprint File; and
(4) provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.
(c) Compliance with III System standards. In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.
(d) Maintenance of record services.
(1) Use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(2) Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.
(a) State criminal history record repositories. To the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks.
(b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks.
(c) Procedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall
(1) ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;
(2) require that subsequent record checks are requested to obtain current information whenever a new need arises; and
(3) ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.
(a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
(b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.
(c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
(d) Fees. A state criminal history record repository or the FBI
(1) may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
(2) may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
(e) Additional search.
(1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records
(A) the FBI shall so advise the state criminal history record repository; and
(B) the state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
(a) Establishment.
(1) In general. There is established a council to be known as the "Compact Council," which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.
(2) Organization. The council shall
(A) continue in existence as long as this Compact remains in effect;
(B) be located, for administrative purposes, within the FBI; and
(C) be organized and hold its first meeting as soon as practicable after the effective date of this Compact.
(b) Membership. The council shall be composed of 15 members, each of whom shall be appointed by the attorney general, as follows:
(1) nine members, each of whom shall serve a two-year term, who shall be selected from among the Compact officers of party states based on the recommendation of the Compact officers of all party states, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis;
(2) two at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom
(A) one shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and
(B) one shall be a representative of the noncriminal justice agencies of the federal government;
(3) two at-large members, nominated by the chair of the council, once the chair is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom
(A) one shall be a representative of state or local criminal justice agencies; and
(B) one shall be a representative of state or local noncriminal justice agencies;
(4) one member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board;
(5) one member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.
(c) Chair and vice chair.
(1) In general. From its membership, the council shall elect a chair and a vice chair of the council, respectively. Both the chair and vice chair of the council
(A) shall be a Compact officer, unless there is no Compact officer on the council who is willing to serve, in which case the chair may be an at-large member; and
(B) shall serve a two-year term and be reelected to only one additional two-year term.
(2) Duties of the vice chair. The vice chair of the council shall serve as the chair of the council in the absence of the chair.
(d) Meetings.
(1) In general. The council shall meet at least once a year at the call of the chair. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting.
(2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council.
(f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
(g) Committees. The chair may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.
This Compact shall take effect upon being entered into by two or more states as between those states and the federal government. Upon subsequent entering into this Compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
(a) Relation of Compact to certain FBI activities. Administration of this Compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) No authority for nonappropriated expenditures. Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c) Relating to Public Law 92-544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544) or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information.
(a) In general. This Compact shall bind each party state until renounced by the party state.
(b) Effect. Any renunciation of this Compact by a party state shall
(1) be effected in the same manner by which the party state ratified this Compact; and
(2) become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
(a) In general. The council shall
(1) have initial authority to make determinations with respect to any dispute regarding
(A) interpretation of this Compact;
(B) any rule or standard established by the council pursuant to Article V; and
(C) any dispute or controversy between any parties to this Compact; and
(2) hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e).
(b) Duties of the FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters.
(c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
Article 1. Medical Examiner; Procedures after Death.
Chapter 65. Death Investigations and Medical Examiners.
Sec. 12.65.005. Duty to notify state medical examiner.
(a) Unless the person has reasonable grounds to believe that notice has already been given, a person who attends a death or has knowledge of a death, in addition to notifying a peace officer, shall immediately notify the state medical examiner when the death appears to have
(1) been caused by unknown or criminal means, during the commission of a crime, or by suicide, accident, or poisoning;
(2) occurred under suspicious or unusual circumstances or occurred suddenly when the decedent was in apparent good health;
(3) been unattended by a practicing physician or occurred less than 24 hours after the deceased was admitted to a medical facility;
(4) been associated with a diagnostic or therapeutic procedure;
(5) resulted from a disease that constitutes a threat to public health;
(6) been caused by a disease, injury, or toxic agent resulting from employment;
(7) occurred in a jail or corrections facility owned or operated by the state or a political subdivision of the state or in a facility for the placement of persons in the custody or under the supervision of the state;
(8) occurred in a foster home;
(9) occurred in a mental institution or mental health treatment facility;
(10) occurred while the deceased was in the custody of, or was being taken into the custody of, the state or a political subdivision of the state or a public officer or agent of the state or a political subdivision of the state; or
(11) been of a child under 18 years of age or under the legal custody of the Department of Health and Social Services, subject to the jurisdiction of AS 47.10 or AS 47.12, unless the
(A) child's death resulted from a natural disease process and was medically expected; and
(B) the child was under supervised medical care during the 24 hours before the death.
(b) A person who attends a death or has knowledge of a death occurring in circumstances other than those enumerated in (a) of this section may notify the state medical examiners of the death if, in the person's opinion, a death investigation under AS 12.65.020 — 12.65.025 may be appropriate.
(c) The body of a person whose death has been or should be reported to the state medical examiner under this section may not be moved or otherwise disturbed without the permission of the state medical examiner.
Sec. 12.65.007. No duty for peace officer to respond to the scene of an expected home death.
(a) A peace officer is not required by state law to respond to the scene of an expected home death if
(1) the death was expected to occur due to the dead person's state of health before death;
(2) the death occurred at the dead person's home as expected due to the dead person's state of health;
(3) a person authorized to determine and pronounce death determines and pronounces the death; and
(4) a form signed by the dead person's physician concerning the physician's expectation that the death would occur due to the person's state of health and that it would occur at home was, at the time of death, on file with the law enforcement agency for that jurisdiction.
(b) This section does not
(1) prohibit a person from requesting a peace officer to respond to the scene described in (a) of this section if, in the person's opinion, a death investigation by a peace officer may be appropriate due to suspicious or unusual circumstances; or
(2) relieve a person of the duty to notify the medical examiner and a peace officer of a death that is described in AS 12.65.005(a).
Sec. 12.65.010. Appointment of medical examiner. [Repealed, § 18 ch 103 SLA 1996.]
Sec. 12.65.015. State medical examiner and deputies.
(a) The commissioner of health and social services shall appoint a state medical examiner to perform the duties set out in AS 12.65.015 — 12.65.025. The commissioner shall also appoint a deputy medical examiner, and may appoint assistant medical examiners, to perform or assist the state medical examiner in performing these duties. To be eligible for the position of medical examiner, deputy medical examiner, or assistant medical examiner, a person must be a physician licensed to practice in this state or, if the physician is licensed in another jurisdiction, the physician must be employed by the state or by an agency of the United States government within the state. The state medical examiner, deputy medical examiner, and assistant medical examiners are in the exempt service under AS 39.25.110.
(b) The state medical examiner and the deputy medical examiner must be physicians licensed to practice in the state who have education and experience in forensic pathology.
(c) The state medical examiner and deputy medical examiner shall perform the duties assigned to the medical examiner and deputy medical examiner under AS 12.65.020 and regulations implementing that section, and other duties as assigned by the commissioner of health and social services.
(d) The state medical examiner may, through contracts for services, appoint local, regional, and district medical examiners throughout the state to perform or assist in performing the duties assigned to the state medical examiner. To be eligible for appointment as a local, regional, or district medical examiner, a person must be a physician licensed to practice in this state or, if the physician is licensed in another jurisdiction, the physician must be employed by the state or by an agency of the United States government within the state. An appointment under this subsection may be for a term of up to two years.
(e) The state medical examiner shall facilitate the formation of local, regional, or district child fatality review teams to assist local, regional, and district medical examiners in determining the cause and manner of deaths of children under 18 years of age. If a team is formed under this subsection, the team shall have the same access to information, confidentiality requirements, and immunity as provided to the state child fatality review team under AS 12.65.140. A meeting of a team formed under this subsection is closed to the public and not subject to the provisions of AS 44.62.310 — 44.62.319 (Open Meetings Act). A review by a local, regional, or district child fatality review team does not relieve the state child fatality review team under AS 12.65.120 of the responsibility for reviewing a death under AS 12.65.130. A person on a local, regional, or district child fatality review team is not eligible to receive compensation from the state for service on the team, but is eligible for travel expenses and per diem from the Department of Health and Social Services under AS 39.20.180. A person on a team formed under this subsection serves at the pleasure of the state medical examiner.
Sec. 12.65.020. Medical death investigations.
(a) When a death is reported to the state medical examiner under AS 12.65.005, the state medical examiner or the deputy medical examiner shall perform a medical death investigation. When a person dies under circumstances that, in the opinion of the state medical examiner, warrant an investigation, the state medical examiner or the deputy medical examiner may perform a medical death investigation. In performing the investigation, the state medical examiner or the deputy medical examiner may
(1) order that the body of the person who has died not be moved or otherwise disturbed without the permission of the medical examiner;
(2) request a peace officer to secure the scene and perform an on-scene investigation;
(3) view the remains of the deceased person;
(4) order the remains of the deceased to be transported to another location;
(5) perform a post mortem examination;
(6) perform an autopsy;
(7) take possession of property considered necessary for the investigation;
(8) subpoena and examine a person or record necessary in the opinion of the medical examiner to determine the material facts relating to the death; and
(9) take other actions appropriate under the circumstances to determine the cause and manner of death.
(b) When the state medical examiner or deputy medical examiner has completed an investigation or made the inquiry considered appropriate by the examiner, the examiner shall prepare a report of the examiner's findings and conclusions. If the findings and conclusions indicate that the death may have been caused by criminal means, the state medical examiner or the deputy medical examiner shall submit a copy of the report to the district attorney responsible for prosecutions in the location where the death occurred. The investigative report is a privileged and confidential document, not subject to public disclosure under AS 40.25. It may be disclosed to public officers and employees for a public purpose and, when doing so will not interfere with an ongoing investigation or prosecution, to a person who is related to the deceased or who has a financial or personal interest in the estate of the deceased person.
(c) The state medical examiner, the deputy medical examiner, or a prosecuting attorney may petition the court to hold a death inquest under AS 09.55.062 if the findings and conclusions of the state medical examiner or the deputy medical examiner, in the opinion of the state medical examiner, the deputy medical examiner, or prosecuting attorney, warrant the inquest. Otherwise, the state medical examiner or the deputy medical examiner shall cause a certificate of death for the deceased person to be completed and filed as prescribed by law.
(d) The state medical examiner or the deputy medical examiner may direct the state registrar of vital statistics to amend a death certificate when, in the opinion of the state medical examiner or the deputy medical examiner, the death certificate is incomplete or inaccurate.
(e) The state medical examiner may enter into agreements for services to be performed by persons in the course of medical investigations, and the state medical examiner or the deputy medical examiner may call upon public employees, including a peace officer or a village public safety officer, to perform or assist in performing the duties specified in this section.
(f) The state medical examiner, the deputy medical examiner, and individuals who perform or assist the state medical examiner or the deputy medical examiner in performing the duties of the state medical examiner or the deputy medical examiner under this section are immune from civil liability based on determining the cause and manner of a person's death.
(g) The Department of Health and Social Services shall adopt regulations to implement this section.
Sec. 12.65.025. Post mortem examinations.
(a) The state medical examiner shall designate the facilities at which post mortem examinations and autopsies ordered under this chapter may be performed consistent with this section. The Department of Health and Social Services shall pay the costs of
(1) post mortem examinations and autopsies ordered under this chapter;
(2) related transportation to the location where the post mortem examination is conducted and then to the community closest to where the death occurred, except that transportation costs to another requested location shall be paid to the extent that the costs do not exceed the costs that would otherwise have been paid by the department for returning the body to the community closest to where the death occurred;
(3) embalming, if embalming is required by law; and
(4) cosmetology necessary to make the head, face, neck, and hands of the deceased presentable if those parts of the body are disfigured by the post mortem examination.
(b) The Department of Health and Social Services shall provide clothing and a casket for the deceased if the person legally responsible for the burial, other than the state, is unable to pay for clothing and a casket and the responsible person does not object.
(c) Instead of paying the cost of services listed under (a)(3), (a)(4), and (b) of this section, the Department of Health and Social Services may pay for the cremation and inurnment of the deceased if
(1) the person legally responsible for the burial requests or approves the cremation and inurnment; and
(2) the cost to the department of the cremation and inurnment does not exceed the cost to the state of services listed under (a)(3), (a)(4), and (b) of this section that the department would otherwise pay for or provide for the deceased.
(d) The Department of Health and Social Services shall establish the maximum amounts or rates that the department will pay for services under this section. Facilities designated under (a) of this section, as a condition of their designation, shall agree to accept reimbursement from the department as payment in full for services provided by the facility under this section, and may not seek reimbursement for those services from a third party.
(e) The state medical examiner shall designate a location for conducting a post mortem examination that is in the community closest to where the death occurred if
(1) the state medical examiner has verified that a facility with adequate technology, personnel, and training is available at the location to enable the state medical examiner to direct a remote examination;
(2) the facility meets applicable standards, including inspection and accreditation, for conducting remote post mortem examinations established in the Forensic Autopsy Performance Standards by the National Association of Medical Examiners; and
(3) the cost of conducting the examination in the community closest to where the death occurred is less than the cost of conducting the examination or autopsy at another location, including the cost of transporting the body to and from another location to conduct the examination.
(f) The Department of Health and Social Services shall provide to a person responsible for the burial of a body written notice describing the duties and procedures of the state medical examiner and the department under this chapter. The notice must explain, in a form and language that is designed to be easy to understand, the availability of
(1) an option to release the body after examination and autopsy to a location other than a mortuary without a recommendation or stated preference to do otherwise;
(2) the department's coverage of costs associated with the examination or autopsy, transportation of the body, and necessary cosmetology as provided under (a) of this section;
(3) clothing and a casket required under (b) of this section;
(4) transportation to the community closest to where the death occurred or to another location;
(5) a burial-transit permit as provided under AS 18.50.250; and
(6) a death certificate as provided under AS 18.50.230.
(g) A person is "unable to pay" under this section if the person
(1) is eligible for assistance under AS 47.25.120 — 47.25.300; or
(2) is otherwise unable to provide clothing and a casket for the deceased.
Secs. 12.65.030 — 12.65.090. Coroners duties and powers. [Repealed, § 18 ch 103 SLA 1996. For current law, see AS 09.55.062 — 09.55.069.]
Sec. 12.65.100. Unclaimed bodies.
When a person dies and no person appears to claim the body for burial, and no provision is made for the body under AS 13.52, the Department of Health and Social Services, upon notification, shall request a court order authorizing the body to be plainly and decently buried or cremated and the remains decently interred. A judicial officer shall issue the requested order upon the sworn testimony or statement of a representative of the Department of Health and Social Services that a person has not appeared to claim the body for burial and provision is not made for the body under AS 13.52.
Sec. 12.65.105. Release of property to temporary custodian.
A person having possession of tangible personal property of a decedent may release the property to a temporary custodian willing to take custody of and preserve the property pending the appointment of a personal representative or other transfer under AS 13.16. Upon execution of an affidavit that meets the requirements of court rules adopted to implement this section, the person delivering possession of the property is discharged from further obligation as though the person had dealt with the personal representative of the estate, and the temporary custodian is answerable and accountable for the property to any personal representative of the estate or to another person having a superior right.
Sec. 12.65.110. Inventory and disposition of property.
If a body is unclaimed as described in AS 12.65.100 and money or other property belonging to the deceased is found, the public administrator shall inventory it and take it into possession for disposition under AS 13.16.
Article 2. Child Fatality Review Teams.
Sec. 12.65.120. State child fatality review team.
(a) The state child fatality review team is established in the Department of Health and Social Services to assist the state medical examiner. The team is composed of
(1) the following persons, or that person's designee:
(A) the state medical examiner;
(B) a state prosecutor with experience in homicide prosecutions, appointed by the attorney general;
(C) an investigator with the state troopers who has experience in conducting investigations of homicide, child abuse, or child neglect, appointed by the commissioner of public safety;
(D) a social worker with the Department of Health and Social Services who has experience in conducting investigations of child abuse and neglect, appointed by the commissioner of health and social services;
(2) the following persons, or that person's designee, appointed by the commissioner of health and social services:
(A) a physician licensed under AS 08.64 who
(i) specializes in neonatology or perinatology; or
(ii) is certified by the American Board of Pediatrics;
(B) a municipal law enforcement officer with experience in conducting investigations of homicide, child abuse, or child neglect;
(C) other persons, including educators, whose experience and expertise would, as determined by the commissioner of health and social services, contribute to the effectiveness of the team.
(b) A team member is not eligible to receive compensation from the state for service on the team. A member appointed under (a)(2) of this section
(1) is eligible for travel expenses and per diem from the Department of Health and Social Services under AS 39.20.180; and
(2) serves at the pleasure of the commissioner of health and social services.
(c) In addition to the persons specified in (a) of this section, the team may invite a person to participate as a member of the team if the person has expertise that would be helpful to the team in a review of a specific death. A person participating under this subsection is eligible only for travel expenses and per diem from the Department of Health and Social Services under AS 39.20.180.
(d) The state medical examiner serves as chair of the team.
Sec. 12.65.130. State child fatality review team duties.
(a) The state child fatality review team shall
(1) assist the state medical examiner in determining the cause and manner of the deaths in this state of children under 18 years of age;
(2) unless the child's death is currently being investigated by a law enforcement agency, review a report of a death of a child within 48 hours of the report being received by the medical examiner if
(A) the death is of a child under 10 years of age;
(B) the deceased child, a sibling, or a member of the deceased child's household
(i) is in the legal or physical custody of the state under AS 47 or under similar custody of another state or political subdivision of a state; or
(ii) has been the subject of a report of harm under AS 47.17 or a child abuse or neglect investigation by the Department of Health and Social Services or by a similar child protective service in this or another state;
(C) a protective order issued, filed, or recognized under AS 18.66.100, 18.66.110, or 18.66.140 has been in effect during the previous year in which the petitioner or respondent was a member of the deceased child's immediate family or household; or
(D) the child's death occurred in a mental health institution, mental health treatment facility, foster home, or other residential or child care facility, including a day care facility;
(3) review records concerning
(A) abuse or neglect of the deceased child or another child in the deceased child's household;
(B) the criminal history or juvenile delinquency of a person who may have caused the death of the child and of persons in the deceased child's household; and
(C) a history of domestic violence involving a person who may have caused the death of the child or involving persons in the deceased child's household, including records in the central registry of protective orders under AS 18.65.540;
(4) if insufficient information exists to adequately determine the cause and manner of death, recommend to the state medical examiner that additional information be obtained under AS 12.65.020; and
(5) if a local, regional, or district child fatality review team has not been appointed under AS 12.65.015 or is not available, be available to provide recommendations, suggestions, and advice to state or municipal law enforcement or social service agencies in the investigation of deaths of children.
(b) The state child fatality review team may
(1) collect data and analyze and interpret information regarding deaths of children in this state;
(2) develop state and local data bases on deaths of children in this state;
(3) develop a model protocol for the investigation of deaths of children; and
(4) periodically issue reports to the public containing statistical data and other information that does not violate federal or state law concerning confidentiality of the children and their families involved in the reviews; these reports may include
(A) identification of trends, patterns, and risk factors in deaths of the children;
(B) analyses of the incidence and causes of deaths of children in this state;
(C) recommendations for improving the coordination of government services and investigations; and
(D) recommendations for prevention of future deaths of children.
Sec. 12.65.140. Records; information; meetings; confidentiality; immunity.
(a) The state child fatality review team and its members shall have access to all information and records to which the state medical examiner has access under this chapter. The state child fatality review team and its members shall maintain the confidentiality of information and records concerning deaths under review, except when disclosures may be necessary to enable the team to carry out its duties under this chapter. However, the team and its members may not disclose a record that is confidential under federal or state law.
(b) Except for public reports issued by the team, records and other information collected by the team or a member of the team related to duties under this chapter are confidential and not subject to public disclosure under AS 40.25.100 — 40.25.295 (Alaska Public Records Act).
(c) Meetings of the state child fatality review team are closed to the public and are not subject to the provisions of AS 44.62.310 — 44.62.319 (Open Meetings Act).
(d) The determinations, conclusions, and recommendations of the state child fatality review team, or its members, are not admissible in a civil or criminal proceeding. Members may not be compelled to disclose their determinations, conclusions, recommendations, discussions, or thought processes through discovery or testimony in any civil or criminal proceeding. Records and information collected by the state child fatality review team are not subject to discovery or subpoena in connection with a civil or criminal proceeding.
(e) Notwithstanding (d) of this section, the state medical examiner may testify in a civil or criminal proceeding even though the death was reviewed by the state child fatality review team under AS 12.65.130 and information received from the review formed a basis of the state medical examiner's testimony.
(f) A person who is a member or an employee of, or who furnishes services to or advises, the state child fatality review team is not liable for damages or other relief in an action brought by reason of the performance of a duty, a function, or an activity of the review team.
Chapter 70. Uniform Criminal Extradition Act.
Sec. 12.70.010. Fugitives from other states and duty of governor.
Subject to the provisions of this chapter, the provisions of the constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of another state a person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Sec. 12.70.020. Form of demand.
(a) No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) an allegation that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter the accused fled the demanding state; except that this allegation may not be required in a proceeding based on AS 12.70.050;
(2) a copy of an indictment found or an information supported by affidavit in the state having jurisdiction of the crime or by a copy of a complaint, affidavit, or other equivalent accusation made before a magistrate there; the indictment, information, or complaint, affidavit, or other equivalent accusation must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand.
(b) No demand for the extradition of a person convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of bail, probation, or parole;
(2) a copy of the judgment of conviction or of a sentence imposed in execution thereof; the copy must be authenticated by the executive authority making the demand.
Sec. 12.70.030. Investigation of demand and report.
When a demand is made upon the governor of this state by the executive authority of another state for a surrender of a person charged with crime, the governor shall investigate the demand.
Sec. 12.70.040. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
(a) When it is desired to have returned to this state a person charged in this state with a crime, and that person is imprisoned or is held under criminal proceedings then pending against that person in another state, the governor of this state may agree with the executive authority of the other state for the extradition of that person before the conclusion of the proceedings or the term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.
(b) The governor of this state may also surrender on demand of the executive authority of another state a person in this state who is charged in the manner provided in AS 12.70.220 with having violated the laws of the state whose executive authority is making the demand, even though that person left the demanding state involuntarily.
Sec. 12.70.050. Extradition of person not present in demanding state at time of commission of crime.
The governor of this state may also surrender, on demand of the executive authority of another state, a person in this state charged in the other state in the manner provided in AS 12.70.020 with committing an act in this state, or a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to those cases, even though the accused was not in that state at the time of the commission of the crime and has not fled from that state.
Sec. 12.70.060. Issue of governor's warrant of arrest.
If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a peace officer or other person whom the governor may think fit to entrust with the execution of the warrant. The warrant must substantially recite the facts necessary to the validity of its issuance.
Sec. 12.70.070. Manner and place of execution of the warrant of arrest.
The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.
Sec. 12.70.080. Authority of arresting officer to command assistance.
Every officer or other person empowered to make the arrest has the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of a criminal process directed to them, with like penalties against those who refuse their assistance.
Sec. 12.70.090. Rights of accused person and application for writ of habeas corpus.
A person arrested on a warrant may not be delivered over to the agent who the executive authority demanding the person has appointed to receive the person unless the person is first taken immediately before a judge or magistrate of this state, who shall inform the person of the demand made for the person's surrender, and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states a desire to test the legality of the arrest, the judge or magistrate shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When that writ is applied for, notice of the application and of the time and place of hearing on it shall be given to the prosecuting attorney of the judicial district in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Sec. 12.70.100. Penalty for noncompliance with AS 12.70.090.
An officer or other person who delivers to the agent for extradition of the demanding state a person in custody under the governor's warrant, in wilful disobedience to AS 12.70.090, is guilty of a misdemeanor and, on conviction, is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
Sec. 12.70.110. Confinement in jail when necessary.
(a) The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in a jail in a political subdivision, judicial district, or city of this state through which the officer or person may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed. The officer or person is chargeable with the expense of keeping.
(b) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in the other state, and who is passing through this state with a prisoner for the purpose of immediately returning that prisoner to the demanding state may, when necessary, confine the prisoner in a jail in a political subdivision, judicial district, or city of this state through which the officer or agent may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed. The officer or agent is chargeable with the expense of keeping. The officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this state.
Sec. 12.70.120. Arrest prior to requisition.
When a person within this state is charged on the oath of a credible person before a judge or magistrate of this state with the commission of a crime in another state and, except in cases arising under AS 12.70.050, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation, or parole; or whenever complaint is made before a judge or magistrate in this state setting out on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused has been charged in that state with the commission of the crime and, except in cases arising under AS 12.70.050, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to a peace officer commanding the officer to apprehend the person named in the warrant, wherever that person may be found in this state, and to bring that person before the same or another judge or magistrate who is available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint or affidavit upon which the warrant is issued shall be attached to the warrant.
Sec. 12.70.130. Arrest without warrant.
The arrest of a person may also be lawfully made by a peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when arrested the accused must be taken before a judge or magistrate without unnecessary delay and, in any event, within 24 hours after arrest, absent compelling circumstances, including Sundays and holidays, and complaint shall be made against the accused under oath setting out the ground for the arrest as in AS 12.70.120. The hearing before the judge or magistrate may not take place more than 48 hours after arrest. Thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant.
Sec. 12.70.140. Commitment to await requisition.
If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the person to jail for not more than 30 days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in AS 12.70.150, or until legally discharged. The commitment by the judge or magistrate shall be by a warrant that shall recite the following:
(1) the accusation against the accused;
(2) the fact that the commitment is for a time as will enable the arrest of the accused to be made under a warrant of the governor of this state; and
(3) that in any event the commitment shall be for not more than 30 days.
Sec. 12.70.150. Bail.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death under the laws of the state in which it was committed, a judge or magistrate in this state shall admit the prisoner to bail by bond or undertaking, with sufficient sureties, and in a sum the judge or magistrate considers proper, conditioned upon the prisoner's appearance before the judge or magistrate at a time specified in the bond or undertaking and for the prisoner's surrender, to be arrested on the warrant of the governor of this state.
Sec. 12.70.160. Extension of time of commitment.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, a judge or magistrate may discharge the accused or may recommit the accused for a further period of not more than 60 days, or a judge or magistrate may again take bail for the appearance and surrender of the accused, as provided in AS 12.70.150, but within a period of not more than 60 days after the date of the new bond or undertaking.
Sec. 12.70.170. Forfeiture of bail.
If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the bond or undertaking, the judge or magistrate, by proper order, shall declare the bond or undertaking forfeited, and order the immediate arrest of the prisoner if the prisoner is within this state. Recovery may be had on the bond or undertaking in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Sec. 12.70.180. Persons under criminal prosecution in this state at time of requisition.
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor has discretion to surrender that person on demand of the executive authority of another state or hold that person until tried and discharged, or convicted and punished in this state.
Sec. 12.70.190. Inquiry into guilt or innocence of accused.
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this chapter, has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Sec. 12.70.200. Governor's warrant.
The governor may recall the warrant of arrest or may issue another warrant whenever the governor deems proper.
Sec. 12.70.210. Fugitives from this state.
When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state from the executive authority of any other state, or from a judge of the District Court of the United States for the District of Columbia authorized to receive the demand under the laws of the United States, the governor shall issue a warrant under the seal of this state to an agent, commanding the agent to receive the person so charged if delivered to the agent and convey that person to the proper officer of the judicial district in this state in which the offense was committed.
Sec. 12.70.220. Application for issuance of requisition.
(a) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney of the judicial district in which the offense is committed, or the attorney general, shall present to the governor a written application for a requisition for the return of the person charged. In the application there shall be stated the name of the person so charged, the crime charged, the approximate time, place, and circumstances of its commission, the state in which the accused is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney or the attorney general, the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.
(b) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of the person's bail, probation, or parole, the prosecuting attorney of the judicial district in which the offense was committed, or the attorney general, the parole or probation authority having jurisdiction over the person, or the commissioner of corrections shall present to the governor a written application for a requisition for the return of that person. In the application there shall be stated the name of the person, the crime for which the person was convicted, the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time the application is made.
(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The attorney general or the prosecuting attorney, the parole or probation authority, or the commissioner of corrections may also attach further affidavits and other documents in duplicate to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement on the application, and one of the certified copies of the indictment, complaint, information and affidavits, or judgment or conviction or sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
Sec. 12.70.230. Immunity from service of process in certain civil actions.
A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding for which the person is being or has been returned, until the person has been convicted in the criminal proceedings, or, if acquitted, until the person has reasonable opportunity to return to the state from which extradited.
Sec. 12.70.240. Written waiver of extradition proceedings.
(a) A person arrested in this state charged with having committed a crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole may waive the issuance and service of the warrant provided for in AS 12.70.060 and 12.70.070 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge or magistrate within this state a writing that states that the person consents to return to the demanding state; however, before the waiver is executed or subscribed by that person, the judge or magistrate shall inform that person of the right to the issuance and service of a warrant of extradition and of the right to apply for a writ of habeas corpus as provided for in AS 12.70.090.
(b) If and when that consent is executed, it shall immediately be forwarded to the office of the governor of this state and filed therein. The judge or magistrate shall direct the officer having the person in custody to deliver immediately that person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the consent.
(c) Nothing in this section is considered to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
Sec. 12.70.250. Nonwaiver by this state.
Nothing in this chapter is considered to constitute a waiver by this state of its right, power, or privilege to try the demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of that person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for a crime committed within this state, nor shall a proceeding had under these sections which results in, or fails to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.
Sec. 12.70.260. No immunity from other criminal prosecutions while in this state.
After a person has been brought back to this state through extradition proceedings, or after waiver of extradition proceedings by that person, that person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition.
Sec. 12.70.270. Interpretation.
The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states that enact it.
(1) "executive authority" includes the governor and a person performing the functions of governor in a state other than this state;
(2) "governor" includes
(A) a person performing the functions of governor by authority of the law of this state; and
(B) the lieutenant governor or the head of a principal department in the executive branch appointed by the governor to act on behalf of the governor in performing extradition duties under this chapter; the appointment shall be in writing and filed with the lieutenant governor;
(3) "state," referring to a state other than this state, includes another state or possession of the United States.
This chapter may be cited as the Uniform Criminal Extradition Act.
Chapter 72. Post-Conviction Relief Procedures for Persons Convicted of Criminal Offenses.
Sec. 12.72.010. Scope of post-conviction relief.
A person who has been convicted of, or sentenced for, a crime may institute a proceeding for post-conviction relief if the person claims
(1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state;
(2) that the court was without jurisdiction to impose sentence;
(3) that a prior conviction has been set aside and the prior conviction was used as a statutorily required enhancement of the sentence imposed;
(4) that there exists evidence of material facts, not previously presented and heard by the court, that requires vacation of the conviction or sentence in the interest of justice; if the person seeks post-conviction DNA testing to support a claim under this paragraph, the person's exclusive method for obtaining that testing is an application under AS 12.73;
(5) that the person's sentence has expired, or the person's probation, parole, or conditional release has been unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint;
(6) that the conviction or sentence is otherwise subject to collateral attack upon any ground or alleged error previously available under the common law, statutory law, or other writ, motion, petition, proceeding, or remedy;
(7) that
(A) there has been a significant change in law, whether substantive or procedural, applied in the process leading to the person's conviction or sentence;
(B) the change in the law was not reasonably foreseeable by a judge or a competent attorney;
(C) it is appropriate to retroactively apply the change in law because the change requires observance of procedures without which the likelihood of an accurate conviction is seriously diminished; and
(D) the failure to retroactively apply the change in law would result in a fundamental miscarriage of justice, which is established by demonstrating that, had the changed law been in effect at the time of the applicant's trial, a reasonable trier of fact would have a reasonable doubt as to the guilt of the applicant;
(8) that, after the imposition of sentence, the applicant seeks to withdraw a plea of guilty or nolo contendere in order to correct manifest injustice under the Alaska Rules of Criminal Procedure; or
(9) that the applicant was not afforded effective assistance of counsel at trial or on direct appeal.
Sec. 12.72.020. Limitations on applications for post-conviction relief.
(a) A claim may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if
(1) the claim is based on the admission or exclusion of evidence at trial or on the ground that the sentence is excessive;
(2) the claim was, or could have been but was not, raised in a direct appeal from the proceeding that resulted in the conviction;
(3) the later of the following dates has passed, except that if the applicant claims that the sentence was illegal there is no time limit on the claim:
(A) if the claim relates to a conviction, 18 months after the entry of the judgment of the conviction or, if the conviction was appealed, one year after the court's decision is final under the Alaska Rules of Appellate Procedure;
(B) if the claim relates to a court revocation of probation, 18 months after the entry of the court order revoking probation or, if the order revoking probation was appealed, one year after the court's decision is final under the Alaska Rules of Appellate Procedure;
(4) one year or more has elapsed from the final administrative decision of the Board of Parole or the Department of Corrections that is being collaterally attacked;
(5) the claim was decided on its merits or on procedural grounds in any previous proceeding; or
(6) a previous application for post-conviction relief has been filed under this chapter or under the Alaska Rules of Criminal Procedure.
(b) Notwithstanding (a)(3) and (4) of this section, a court may hear a claim
(1) if the applicant establishes due diligence in presenting the claim and sets out facts supported by admissible evidence establishing that the applicant
(A) suffered from a physical disability or from a mental disease or defect that precluded the timely assertion of the claim; or
(B) was physically prevented by an agent of the state from filing a timely claim;
(2) based on newly discovered evidence if the applicant establishes due diligence in presenting the claim and sets out facts supported by evidence that is admissible and
(A) was not known within
(i) 18 months after entry of the judgment of conviction if the claim relates to a conviction;
(ii) 18 months after entry of a court order revoking probation if the claim relates to a court's revocation of probation; or
(iii) one year after an administrative decision of the Board of Parole or the Department of Corrections is final if the claim relates to the administrative decision;
(B) is not cumulative to the evidence presented at trial;
(C) is not impeachment evidence; and
(D) establishes by clear and convincing evidence that the applicant is innocent.
(c) Notwithstanding (a)(6) of this section, a court may hear a claim based on a final administrative decision of the Board of Parole or the Department of Corrections if
(1) the claim was not and could not have been challenged in a previous application for post-conviction relief filed under this chapter or under the Alaska Rules of Criminal Procedure; and
(2) a previous application for post-conviction relief relating to the administrative decision has not been filed under this chapter or under the Alaska Rules of Criminal Procedure.
(d) The court may not consider a substantive claim in an application brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure until the court has first determined that
(1) the application is timely; and
(2) except for an application described in AS 12.72.025 or allowed under (c) of this section, no previous application has been filed.
Sec. 12.72.025. Applications based on claim of ineffective assistance of counsel.
An application may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if it is based on a claim that the assistance the applicant's attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of Criminal Procedure was ineffective, unless it is filed within one year after the court's decision on the prior application is final under the Alaska Rules of Appellate Procedure.
Sec. 12.72.030. Filing of application for post-conviction relief.
(a) An application for post-conviction relief shall be filed with the clerk at the court location where the underlying criminal case is filed.
(b) A person who files an application for post-conviction relief under this chapter or the Alaska Rules of Criminal Procedure may not pursue discovery related to the application unless the applicant first pleads a prima facie case for relief and the court finds that a prima facie case for relief has been established under this chapter or the Alaska Rules of Criminal Procedure.
Sec. 12.72.040. Burden of proof in post-conviction relief proceedings.
A person applying for post-conviction relief must prove all factual assertions by clear and convincing evidence.
Chapter 73. Post-Conviction DNA Testing Procedure.
Sec. 12.73.010. Application for post-conviction DNA testing.
(a) A person convicted of a felony against a person under AS 11.41 who has not been unconditionally discharged may apply to the superior court for an order for DNA testing of evidence. The application must be filed in the court that entered the judgment of conviction, and a copy shall be served on the prosecuting authority responsible for obtaining the conviction.
(b) An application filed under (a) of this section must specifically identify the evidence sought to be tested and must include facts from which the court can make the findings required under AS 12.73.020. The application must also include
(1) an affidavit by the applicant that attests to the following:
(A) the applicant did not commit the offense for which the applicant was convicted or a lesser included offense;
(B) the applicant did not solicit another person to commit, or aid or abet another person in planning or committing, that offense or a lesser included offense; and
(C) the applicant did not admit or concede guilt under oath in an official proceeding for the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this subparagraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;
(2) an affidavit by the applicant or the applicant's attorney stating the results of each DNA test performed on the evidence in the prosecution that resulted in the applicant's conviction;
(3) an affidavit by the applicant or the applicant's attorney describing all previous efforts to obtain DNA testing and any previous application filed under AS 12.72 or this section.
(c) An attorney who represents an applicant under this section shall investigate and, if possible, confirm the accuracy of information provided by the applicant under (b)(2) and (3) of this section.
(d) If an applicant is indigent, filing fees must be paid under AS 09.19, and counsel shall be appointed under AS 18.85.100 to represent the applicant.
Sec. 12.73.020. Findings required for post-conviction DNA testing orders.
The court shall order post-conviction DNA testing of specific evidence if
(1) the applicant was convicted of a felony under AS 11.41;
(2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 12.73.010(b);
(3) the applicant did not admit or concede guilt under oath in an official proceeding for the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this paragraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;
(4) the evidence either
(A) was not subjected to DNA testing; or
(B) was previously subjected to DNA testing, and
(i) the applicant is requesting DNA testing using a method or technology that is substantially more probative than the previous DNA testing; or
(ii) the court determines that granting the application is in the best interest of justice;
(5) the evidence to be tested has been subject to a chain of custody and retained under conditions that ensure that the evidence has not been substituted, contaminated, or altered in any manner material to the proposed DNA testing;
(6) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;
(7) the applicant identifies a theory of defense that would establish the applicant's innocence;
(8) the applicant was convicted after a trial and the identity of the perpetrator was a disputed issue in the trial;
(9) the proposed DNA testing of the specific evidence may produce new material evidence that would
(A) support the theory of defense described in (7) of this section; and
(B) raise a reasonable probability that the applicant did not commit the offense;
(10) the applicant consents to provide a DNA sample for purposes of comparison and to entry of the results into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database; and
(11) the application is timely as described in AS 12.73.040.
Sec. 12.73.030. Summary dismissal and response.
(a) If an application under AS 12.73.010(a) does not set out the specific facts necessary for the court to make the findings required under AS 12.73.020 or does not comply with AS 12.73.010(b), the court shall deny the application without further proceedings.
(b) If an application filed under AS 12.73.010(a) is not denied under (a) of this section, the prosecuting authority shall file a response within 45 days after service of the application. The court shall conduct an evidentiary hearing to resolve any disputed facts.
Sec. 12.73.040. Timeliness.
In determining whether an application is timely under AS 12.73.020(11), there is a presumption of
(1) timeliness if the application is filed before three years after the date of conviction; this presumption may be rebutted if the court finds that the application is based solely upon information used in a previously denied application; and
(2) untimeliness if the application is filed three years or more after conviction; this presumption may be rebutted if the court finds good cause for filing three years or more after conviction.
(a) If the court grants the application and DNA samples for comparison purposes are required, samples taken from the applicant or a prisoner must be collected at a law enforcement or correctional facility. If the DNA sample is being collected from a person other than the applicant or a prisoner, the sample must be taken by a law enforcement officer or other authorized person at a location that is convenient for the person from whom the sample is being collected and the person collecting the sample.
(b) The court may not order that a person other than the applicant provide a DNA sample for comparison purposes unless that person is first afforded notice and an opportunity to be heard by the court. The results of DNA testing of a sample provided by a person other than the applicant may not be made available to the DNA identification registration system under AS 44.41.035 or to any other law enforcement database unless specifically ordered by the court.
(c) DNA testing ordered under this section shall be performed at the state's expense and at a laboratory operated or approved by the Department of Public Safety. If, after completion of the testing ordered under this section, an applicant requests additional testing, any additional testing ordered by the court at the applicant's request must be at the applicant's expense. If the court orders additional testing by another laboratory at the request of the applicant, the laboratory operated or approved by the Department of Public Safety shall preserve a portion of the evidence for later testing. A laboratory selected by the applicant to perform testing under this section must comply with the quality assurance standards for DNA adopted by the United States Department of Justice and be accredited by the American Society of Crime Laboratory Directors Laboratory Accreditation Board or accepted as equivalent by the Department of Public Safety.
(d) Except as provided in (b) of this section, the results of testing ordered under this section shall be entered into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database available to the Department of Public Safety.
Sec. 12.73.060. Post-conviction testing by stipulation.
The provisions of this chapter do not prohibit an applicant and the prosecuting authority from agreeing to conduct post-conviction DNA testing without the person's filing an application under this chapter. The parties may also stipulate to the payment of costs for the DNA testing and other costs associated with the terms of the agreement.
(2) "innocence" means that the applicant was not a perpetrator of or an accomplice to the offense or lesser included offense for which the applicant was convicted;
(4) "unconditionally discharged" means that a defendant is released from all disability arising under a sentence, including probation and parole.
Chapter 75. Habeas Corpus.
Sec. 12.75.010. Persons entitled to prosecute writ.
A person imprisoned or otherwise restrained of liberty under any pretense whatsoever, except in the cases specified in AS 12.75.020, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint, and, if illegal, to be released from custody or to be granted another remedy as law and justice require. Procedure may be as prescribed in the Rules of Civil Procedure.
Sec. 12.75.020. Persons not entitled to prosecute writ.
A person properly imprisoned or restrained by virtue of the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued upon that judgment or decree shall not be allowed to prosecute the writ.
Sec. 12.75.030. Offense not bailable.
When it appears that the cause or offense for which the person prosecuting the writ is imprisoned or restrained is not bailable, the production of the party may be dispensed with and the writ issued accordingly.
Sec. 12.75.040. Production of body.
The person on whom a writ is served shall bring the body of the person in custody or under restraint, according to the command of the writ, except in the cases provided in AS 12.75.050.
Sec. 12.75.050. Hearing without production of person.
When, from the sickness or infirmity of the person directed to be produced, that person cannot without danger be brought before the court, the person in whose custody or power that person is may state that fact in the return to the writ. If the court is satisfied of the truth of the return and the return is otherwise sufficient, the court shall proceed to decide on the return and to dispose of the matter as if the party had been produced.
Sec. 12.75.060. Proceedings on disobedience of writ.
If the person upon whom the writ is served refuses or neglects to obey it within the time required, and no sufficient excuse is shown, it is the duty of the court before whom the writ is returnable, upon due proof of service, to immediately issue a warrant against that person, directed to a peace officer commanding the officer to immediately apprehend and bring the person before the court. Upon that person being brought before the court, the court shall commit that person to custody until the person makes return to the writ and complies with any order that may be made.
Sec. 12.75.070. Precept to peace officer.
A court that issues a writ without requiring the production of the person or that issues a warrant may also, at any time before final decision, issue a precept to the peace officer to whom the writ or warrant is directed commanding the officer to immediately bring the person for whose benefit the writ was allowed before the court. That person shall remain in the custody of the peace officer until discharged, remanded, or the matter is otherwise disposed of as law and justice require.
Sec. 12.75.080. Discharge of party.
If no legal cause is shown for the imprisonment or restraint, or for its continuation, the court shall discharge the party from the custody or restraint under which the party is held or grant any other appropriate remedy.
Sec. 12.75.090. Remand of party legally detained.
The court shall remand the party if it appears that the party is legally detained in custody.
Sec. 12.75.100. Remedy of person in custody by virtue of civil process.
If it appears on the return of the writ that the prisoner is in custody by virtue of an order or civil process of a court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, the prisoner shall be discharged or granted any other appropriate remedy in any of the following cases:
(1) when the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person;
(2) when, though the original imprisonment was lawful, yet by some act, omission, or event that has taken place afterwards, the party has become entitled to a discharge or other remedy;
(3) when the order or process is defective in some matter of substance required by law, rendering the process void;
(4) when the order or process, though in proper form, has been issued in a case not allowed by law;
(5) when the person having the custody of the prisoner under the order or process is not the person empowered by law to detain the prisoner; or
(6) when the order or process is not authorized by a judgment of a court or by a provision of law.
Sec. 12.75.110. Limitation on scope of court's inquiry.
No court or judge, on the return of a writ of habeas corpus, may inquire into the legality or justice of any order, judgment, or process specified in AS 12.75.020 or into the justice, propriety, or legality of a commitment for a contempt made by a court, officer, or body, according to law, and charged in the commitment, as provided by law.
Sec. 12.75.120. Proceedings where commitment irregular.
If it appears by the testimony offered with the return, or upon the hearing that the party is probably guilty of a criminal offense, the court, although the commitment is irregular, shall immediately remand the party to the custody of the proper person.
Sec. 12.75.130. Custody of party pending judgment.
Until judgment is given upon the return, the party may either be committed to the custody of a peace officer or placed in the officer's care or under such custody as the party's age or circumstances require.
Sec. 12.75.140. Admission to bail.
A person prosecuting a writ of habeas corpus may, at any time after the writ is allowed, be admitted to bail by the court allowing the writ, or by another judge or magistrate designated by that court or judge, pending the hearing upon the writ and the final order of the court and, in case of appeal, during the pendency of the appeal and until the final order of the appellate court. The bail shall be by written undertaking and executed as bail upon arrest, and the undertaking shall be conditioned that the person so admitted to bail shall appear in the designated court or before the designated judge or magistrate whenever required, and shall at all times be amenable to the order or process of that court, judge, or magistrate, and that if the person fails to perform either of those conditions, the surety or sureties on the undertaking will pay to the state the sum in which that person is so admitted to bail.
Sec. 12.75.150. Effect of admitting to bail.
The admitting to bail of a person prosecuting a writ of habeas corpus does not in any manner affect the writ or other proceedings or the full right of that person to have the cause and legality of the person's imprisonment inquired into and determined both in the trial court and upon appeal.
Sec. 12.75.160. Enforcing judgment of discharge.
Obedience to a judgment for the discharge of a person imprisoned or restrained, pursuant to the provisions of this chapter, may be enforced by the court by proceedings for a contempt. A peace officer or other person is not liable to an action or proceeding for obeying the judgment of discharge.
Sec. 12.75.170. Discharge as bar to subsequent restraint.
No person who has been discharged by the order of a court upon habeas corpus shall again be imprisoned, restrained, or kept in custody for the same cause except in the following cases:
(1) if the party has been discharged from a commitment on a criminal charge and is afterwards committed for the same offense by legal order or process;
(2) if, after a judgment or discharge for a defect of evidence, or for a material defect in the commitment, in a criminal case, the party is again arrested on sufficient evidence and committed by legal process for the same offense;
(3) if, after a civil action, the party has been discharged for any illegality in the judgment, decree, or process specified in AS 12.75.100, and is afterwards imprisoned for the same cause of action;
(4) if, in a civil action, the party has been discharged from commitment on an order of arrest, and is afterwards committed on execution, in the same action, or on order of arrest in another action, after the dismissal of the first action.
Sec. 12.75.180. Grounds for warrant in lieu of writ.
When it appears to a court authorized to issue the writ of habeas corpus that a person is illegally imprisoned or restrained, and that there is good reason to believe that the person will be carried out of the state or suffer some irreparable injury before the person can be relieved by the issuing of a writ of habeas corpus, a court or judge authorized to issue the writ may issue a warrant reciting the facts, and directed to a peace officer commanding the officer to immediately bring the person before the court to be dealt with according to law.
Sec. 12.75.190. Warrant may include command for arrest of defendant.
When the proof mentioned in AS 12.75.180 is also sufficient to justify the arrest of the person having the party in custody, as for a criminal offense, committed in the taking or detaining of the party, the warrant may also contain an order for the arrest of the person for that offense.
Sec. 12.75.200. Warrant in lieu of writ.
The peace officer to whom the warrant is directed shall execute it by bringing the party named and the person who detains the party, if so commanded by the warrant, before the judge issuing the warrant. The person detaining the party shall make a return to the warrant as in the case of a writ of habeas corpus, and a proceeding shall be had as if a writ of habeas corpus had been issued in the first instance.
Sec. 12.75.210. Proceedings as to person having party in custody.
If the person having the party in custody is brought before the court as for a criminal offense, the person shall be examined, committed, bailed, or discharged by the court in like manner as in other criminal cases of the same nature.
Sec. 12.75.220. Penalty for refusing to deliver copy of or obey authority to detain party.
If a peace officer or other person refuses to deliver a copy of an order, warrant, process, or other authority by which the officer or other person detains a person to anyone who demands a copy and tenders the fees therefor, the officer or other person shall forfeit and pay to the person detained a sum of not more than $200.
Sec. 12.75.230. Appeal.
A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be re-examined upon another or subsequent proceeding of the same kind.
The provisions of the Code of Civil Procedure relating to contempt (AS 09.50.010 — 09.50.060) shall apply in criminal actions.
Sec. 12.80.020. Indictment, information, and complaint.
No person shall be held to answer for an infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces in time of war or public danger. Indictment may be waived by the accused. In that case the prosecution shall be by information or complaint in the manner and form set out in the Rules of Criminal Procedure.
Sec. 12.80.030. Taxation of costs.
Costs may not be taxed to the defendant in a criminal action or proceeding begun or prosecuted in any of the courts of the state unless otherwise ordered by supreme court rule.
Sec. 12.80.040. Violations and infractions.
Except as provided in AS 11.81.900(b) and AS 28.90.010(d), all laws of the state relating to misdemeanors apply to violations and infractions, including the powers of peace officers, the jurisdiction of courts, and the periods for commencing actions and for bringing a case to trial.
Sec. 12.80.060. Fingerprinting.
(a) When a person is arrested for an offense, with or without a warrant, fingerprints of the person may be taken by the law enforcement agency with custody of the person. If the law enforcement agency with custody of the person does not take the fingerprints, the person's fingerprints shall be taken by the correctional facility where the person is lodged following the arrest.
(b) At the initial court appearance or arraignment of a person for an offense, the court shall determine if the person's fingerprints have been taken in connection with the offense. If the court is unable to conclusively determine that the person's fingerprints have been taken, the court shall order the person to submit to fingerprinting within 24 hours at the appropriate correctional facility or another place for taking fingerprints that is more appropriate.
(c) When a defendant is sentenced or otherwise adjudicated for an offense, the court shall determine if legible fingerprints have been taken in connection with the proceedings. If the court is unable to conclusively determine that legible fingerprints have been taken, the court shall order that the defendant, as a condition of sentence, adjudication, suspended imposition of sentence, probation, or release, submit to fingerprinting within 24 hours at the appropriate correctional facility or another place for taking fingerprints that is more appropriate.
(d) The Department of Public Safety shall develop standard forms and procedures for the taking of fingerprints under this section. Fingerprints shall be
(1) taken on a form, and in the manner, prescribed by the Department of Public Safety; and
(2) forwarded within five working days to the Department of Public Safety.
(e) When the Department of Public Safety receives fingerprints of a person in connection with an offense, the Department of Public Safety shall make a reasonable effort to confirm the identity of the person fingerprinted. If the Department of Public Safety finds that the person fingerprinted has criminal history record information under a name other than the name submitted with the fingerprints, the Department of Public Safety shall promptly notify the officer, agency, or facility that took the fingerprints.
(f) If the arresting officer, the law enforcement agency that employs the officer, or the correctional facility where fingerprints were taken is notified by the Department of Public Safety that fingerprints taken under this section are not legible, the officer, agency, or facility shall make a reasonable effort to obtain a legible set of fingerprints. If legible fingerprints cannot be obtained within a reasonable period of time, and if the illegible fingerprints were taken under a court order, the officer or agency shall inform the court, which shall order the defendant to submit to fingerprinting again.
(2) "offense" means conduct subjecting a person to arrest as an adult offender, or as a juvenile charged as an adult,
(A) due to a violation of a federal or state criminal law, or municipal criminal ordinance;
(B) under AS 12.25.180;
(C) under AS 11.56.730; or
(D) under AS 12.70.
Sec. 12.85.010. Applicability of title and supreme court rules.
The provisions of this title apply to all criminal actions and proceedings in all courts except where specific provision is otherwise made or where the Rules of Criminal Procedure adopted by the supreme court under its constitutional authority apply. This title governs all proceedings in actions brought after January 1, 1963, and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event, the laws in effect before January 1, 1963, apply.
This title may be cited as the Code of Criminal Procedure. |