The proposed bill establishes a DUI diversion program within the Alaska Court System, aimed at providing first-time offenders with an opportunity to avoid a criminal conviction for DUI offenses. Eligible defendants must meet specific criteria, including having no prior DUI convictions, and must file a petition that includes a guilty or no contest plea, a sworn statement of eligibility, and agreements to complete treatment and abstain from alcohol or drugs. The court will review these petitions and may grant or deny participation based on various factors. The bill also outlines penalties for repeat offenders, including mandatory minimum imprisonment, ignition interlock device requirements, and escalating fines, while restricting the suspension of sentences except under certain conditions related to the diversion program.

Additionally, the bill introduces amendments to existing laws regarding diversion agreements, ensuring that a diversion agreement cannot be terminated for failure to pay restitution if the defendant has complied with other terms. It allows successful participants to apply for the dismissal of charges and mandates that courts consider time served towards fulfilling the agreement during sentencing. The bill also clarifies exemptions for permanent fund dividends related to DUI restitution, emphasizes the confidentiality of treatment records, and allows active duty military members to appear in court remotely. Overall, the legislation aims to balance accountability for DUI offenses with opportunities for rehabilitation and improved monitoring of defendants in diversion programs.

Statutes affected:
HB0002A, AM HB 2, introduced 01/10/2025: 04.16.160, 12.55.015, 28.35.030, 28.35.032, 28.35.043, 09.38.500, 47.12.120, 47.12.170, 12.55.025, 12.55.039, 12.55.055, 12.55.078, 12.55.090, 12.55.155, 12.55.125, 11.41.200, 11.41.220, 11.41.410, 11.41.470, 11.46.400, 28.35.028, 12.47.130, 47.38.020, 12.61.010, 47.12.110, 12.55.175, 12.61.017, 12.47.095, 33.16.087, 33.16.120, 33.30.013, 18.85.100, 47.12.105, 18.15.355, 18.15.395, 28.15.151, 28.15.181, 28.35.036, 04.16.050, 11.41.100, 11.41.140, 11.41.230, 28.35.029, 28.35.099, 28.33.190, 43.23.140, 25.27.140, 25.27.220, 12.55.045, 12.55.051, 12.55.100, 43.23.160, 09.65.255, 12.55.101, 18.66.100, 25.20.061, 33.16.150, 34.03.360, 12.30.075, 47.37.210, 28.35.039