Alaska Statutes Sec. 33.05.020 - Duties of Commissioner; Probation Officers and Personnel; Ignition Interlock Devices

(a) The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015 (a), a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a person placed on probation for a misdemeanor offense.

(b) The commissioner shall fix probation officers' and assistants' salaries, assign them to the various judicial districts, and shall provide for their necessary expenses including clerical services and travel. The commissioner may assign to all probation officers and personnel any duties concerning the administration of the parole system as provided in AS 33.16.

(c) The commissioner shall by regulation

(1) establish standards for calibration, certification, maintenance, and monitoring of ignition interlock devices required as a condition of probation or as part of a sentence under AS 12.55.102 or another statute; and

(2) establish a fee to be paid by the manufacturer for the cost of certifying an ignition interlock device.

(d) The regulations in (c) of this section must require that the ignition interlock device operate reliably over the range of automobile environments, otherwise known as automobile manufacturing standards, for the geographic area for which the device is certified.

(e) The commissioner shall notify the manufacturer of the ignition interlock device when the device is certified. The commissioner may not certify an ignition interlock device unless the device prominently displays a label warning that a person circumventing or tampering with the device violates AS 11.76.140 and may be imprisoned and fined.

(f) The commissioner shall establish a program for offenders on probation for a felony offense who have conditions of probation that include not consuming controlled substances or alcoholic beverages and who have been identified as being at moderate to high risk as identified by a risk-needs assessment. The commissioner shall adopt regulations to implement the program. The program shall

(1) include random testing for controlled substances and alcoholic beverage use;

(2) require that the probation officer file a petition with the court seeking appropriate sanctions by the close of the next business day if a probationer

(A) fails to appear for an appointment as directed by the probation officer; or

(B) tests positive for the use of controlled substances, inhalants, or alcoholic beverages; and

(3) include a means to notify the court, by the close of the next business day, that a petition to revoke probation has been filed on a probationer placed in the program by the commissioner so that the court may review the petition, schedule a prompt hearing, address a request for a warrant provided by the probation officer, or take other action the court considers appropriate.

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Last modified: November 15, 2016