The proposed bill establishes a DUI diversion program within the Alaska Court System, aimed at providing eligible defendants an opportunity to avoid a criminal conviction for DUI offenses. Key eligibility criteria include having no prior DUI convictions, not being charged with other criminal offenses related to the current incident, and not having participated in similar diversion programs within the last 15 years. Participants must file a petition, pay a filing fee, and enter a guilty or no contest plea to the DUI charge. The program requires completion of a substance abuse screening, adherence to treatment recommendations, and abstinence from alcohol and drugs during the diversion period. The bill also outlines consequences for non-compliance, including the potential for the guilty plea to be entered as a conviction, and emphasizes community safety while providing a structured path for rehabilitation for first-time offenders.

Additionally, the bill introduces several amendments to existing laws regarding diversion agreements and treatment of defendants. Notably, it stipulates that a diversion agreement cannot be terminated for failure to pay restitution if the defendant has complied with all other conditions. It allows successful participants to apply for dismissal of charges with prejudice and mandates that the court consider any time served towards fulfilling the diversion agreement during sentencing. The bill also clarifies the confidentiality of treatment records and conditions under which permanent fund dividends can be exempted from certain obligations, including DUI-related restitution. Furthermore, it includes provisions for the Department of Administration to adopt necessary regulations for implementation and establishes conditional effects for certain sections, which will only take effect with a two-thirds majority vote in both houses of the legislature. The bill is set to take effect on July 1, 2025, with some sections taking immediate effect.

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