Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 44.19.645 - Powers and duties of the commission(a) The commission shall(1) contract for data analysis, research, reports, or studies necessary to understand the functions, operations, and outcomes of the criminal justice system in the state, including studies that consider(A) statutes, court rules, and court decisions relevant to sentencing of criminal defendants in misdemeanor and felony cases;(B) the needs and views of crime victims;(C) means of promoting uniformity, proportionality, and accountability in sentencing;(D) alternatives to traditional forms of incarceration;(E) the efficacy of parole and probation in ensuring public safety, achieving rehabilitation, and reducing recidivism;(F) the adequacy, availability, and effectiveness of treatment and rehabilitation programs;(G) crime and incarceration rates, including the rate of violent crime and the abuse of controlled substances, in this state compared to other states, and best practices adopted by other states that have proven to be successful in reducing recidivism;(2) review the information collected under (1) of this subsection to identify areas for improving the efficiencies and effectiveness of the criminal justice system;(3) if requested by the legislature, the governor, or the chief justice of the supreme court, provide the results of data analysis, studies, or research or make recommendations for improving criminal sentencing practices and criminal justice practices, including rehabilitation and restitution; and(4) submit the annual report required under AS 44.19.647. (b) The commission may(1) select and retain the services of consultants as necessary; and (2) enter into data-sharing agreements with the Justice Center and the Alaska Justice Information Center at the University of Alaska, the Alaska Judicial Council, or other research institutions for the purposes of analyzing data and performance metrics.(c) The commission shall(1) receive and analyze data collected by agencies and entities under (e) - (g) of this section, information reported by the Department of Law under AS 44.23.040, and information from other sources determined by the commission ;(2) track and assess outcomes and trends in the criminal justice system; and(3) request, receive, and review data and reports on performance outcome data relating to the efficiency and effectiveness of the criminal justice system, (d) Agencies and entities reporting data to the commission under (e) - (g) of this section shall (1) report data individually by case number, including an identifier number such as the Alaska Public Safety Information Network number, the court case number, the Alaska Corrections Offender Management System number, and the arrest tracking number, as available;(2) include demographic information necessary for tracking individuals across multiple databases, including the individual's first name, last name, middle initial as available, and date of birth; and(3) include information necessary to measure possible disparate effects of criminal justice laws and policies, such as race and gender as available.(e) The judiciary shall report quarterly to the commission. The report shall include criminal case processing data, including (1) the date, type, and number of all charges disposed within the quarter;(2) the disposition of each charge, whether convicted, dismissed, acquitted, or otherwise disposed; (3) the date of the disposition for each charge; and(4) information on pretrial release decisions by judicial officers, including bail and supervision conditions, and information on pretrial outcomes, including whether and when a bench warrant for failure to appear was issued during the pretrial period; if this information is not readily available in electronic format, the court system shall work with the commission to facilitate commission staff review of paper case file records.(f) The Department of Public Safety shall report quarterly to the commission. The report shall include the following information: (1) data on citations and arrests for criminal offenses, including the offense charged and whether an arrest was made;(2) data on the disposition of all criminal charges, including convictions and sentences during the quarter; and(3) criminal history information for selected offenders as agreed on by the Department of Public Safety and the commission.(g) The Department of Corrections shall report quarterly to the commission. The report shall include the following information:(1) data on pretrial decision making and outcomes, including information on pretrial detainees admitted for a new criminal charge; detainees released at any point before case resolution; time spent detained before first release or case resolution; pretrial defendant risk level and charge; pretrial release recommendations made by pretrial services officers; pretrial conditions imposed on pretrial detainees by judicial officers, if known, including bail and supervision conditions; and information on pretrial outcomes of defendants under the supervision of the pretrial services program, including whether or not the defendant appeared in court or was re-arrested during the pretrial period;(2) data on offenders admitted to the Department of Corrections for a new criminal conviction, including the offense type and length of stay;(3) data on the population of the Department of Corrections, using a one-day snapshot on the first day of the first month of each quarter, broken down by type of admission, offense type, and known risk level;(4) data on offenders on probation supervised by the Department of Corrections, including the total number of offenders supervised using a one-day snapshot on the first month of each quarter; admissions to probation; assignments to a program under AS 33.05.020 (f); probation sentence length; time served on the sentence; and whether probation was successfully completed ;(5) data on parole, including the number of offenders supervised on parole, using a one-day snapshot on the first month of each quarter; the number of parole hearings; the parole grant rate and number of parolees released on parole; and information on parolees, including time spent on parole, and whether parole was successfully completed ;(6) data on the number and percentage of offenders who earn compliance credits under AS 33.05.020 (h) or AS 33.16.270 in one or more months, and the total amount of credits earned; the average number of sanctions issued under as 33.05.020 (g) before a petition to revoke probation or parole is filed; and the most common violations of probation or parole; and(7) data on probation and parole revocations, including information on probationers and parolees admitted solely for a technical violation; probationers and parolees admitted for a supervision violation pre-case and post-case resolution; probationers and parolees admitted for a new arrest; the number of previous revocations on the current sentence, if any; the length of time held pre-case resolution; the length of time to case resolution; and the length of stay.(i)[Repealed effective 6/30/2029] The commission shall design and implement a project for the purposes of studying risk factors related to criminal activity, informing the legislature's policy and funding decisions related to primary crime prevention, and improving primary crime prevention strategies in the state. Under the project, the Department of Corrections shall transmit information about offenders sentenced to serve terms of incarceration of 30 days or more to the commission, and the commission shall analyze the information and provide to the legislature, in the report required under AS 44.19.647, the commission's conclusions and findings. The commission shall, in consultation with the Justice Center and the Alaska Justice Information Center at the University of Alaska, the Alaska Judicial Council, the Department of Corrections, and other relevant entities or state agencies, create a list of the types of information and inmate characteristics the Department of Corrections shall collect for the project and may revise the list when necessary to meet project goals. The information may include data relating to adverse childhood experiences, mental health and substance abuse history, education, income, and employment of inmates. The Department of Corrections shall adopt policies establishing procedures for collecting the information identified in the list required under this subsection and providing the information to the commission. The procedures may provide for the collection of the information as part of the risk assessment program established under AS 33.30.011 (a)(7). In this subsection, "primary crime prevention" means intervention programs and strategies designed to reduce crime risk factors among the general population and prevent crime from happening.Amended by SLA 2022, ch. 23,sec.7, sec.8, eff. 9/27/2022 and sec.18 eff. 6/30/2029.Amended by SLA 2019SP1, ch. 4,sec. 122, eff. 7/1/2019.Amended by SLA 2017SP4, ch. 1,sec.67, sec.68 eff. 11/26/2017.Amended by SLA 2017SP4, ch. 1,sec. 73, eff. on the earlier of the date AS 22.20.220 takes effect under SLA 2017SP4, ch. 1,sec. 81 (the day after the date the Alaska Criminal Justice Commission expires under AS 44.66.010) or 2/14/2025.Amended by SLA 2017, ch. 13,sec. 25, eff. 6/19/2017.Amended by SLA 2016, ch. 36,sec.163, sec.164 eff. 7/1/2016.Added by SLA 2014, ch. 83,sec. 32, eff. 7/1/2014.