Alaska Statutes Sec. 47.38.020 - Alcohol and Substance Abuse Monitoring Program

(a) The commissioner, in cooperation with the commissioner of corrections, shall establish a program for certain persons with release conditions ordered as provided under AS 12.30, or offenders with conditions of probation, that include not consuming controlled substances or alcoholic beverages.

(b) The commissioner shall adopt regulations to implement the program.

(c) The commissioner shall include in the program

(1) a requirement for twice-a-day testing, in person if practicable, for alcoholic beverage use and random testing for controlled substances;

(2) a means to provide the probation officer, prosecutor's office, or local law enforcement agency with notice within 24 hours, so that a complaint may be filed alleging a violation of AS 11.56.757 , a petition may be filed with the court seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, or an arrest warrant may be issued for the person on release or offender with conditions of probation provided in this subsection, if the person or offender

(A) fails to appear for an appointment as required by the program requirements; or

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

(3) a requirement that the person or offender pay, based on the person's or offender's ability under financial guidelines established by the commissioner, for the cost of participating in the program.

(d) The department shall provide or conduct the testing required under (c) of this section.

Section: Previous  47.38.010  47.38.020  

Last modified: November 15, 2016