13 AAC 68.140. Court disposition

(a) Within one month after disposition, a court disposing of a charging document, including an indictment, criminal complaint, criminal information, or petition or other document showing a violation of probation, shall report to the repository

(1) identification of the court;

(2) the date of disposition;

(3) for each charge disposed,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number;

(D) the offense code for the charge disposed and, if different, the offense code of the original charge filed; and

(E) one of the following dispositions:

(i) dismissed;

(ii) proceedings stayed due to incompetency;

(iii) not guilty;

(iv) not guilty by reason of insanity;

(v) guilty;

(vi) guilty but mentally ill;

(vii) probation revoked;

(viii) probation not revoked; or

(ix) transferred to another court.

(b) A court that reports a disposition described in (a)(3)(E)(i) or (a)(3)(E)(ii) of this section based on a finding of incompetency under AS 12.47.110 shall include in the report the date of commitment and the date of expiration of the commitment.

(c) A court that reports a disposition described under (a)(3)(E)(iv) of this section shall include in the report whether the defendant was committed under AS 12.47.090 and if so, the date of expiration of the maximum term of commitment as described in AS 12.47.090 (d).

(d) A court that orders the release of a person under AS 12.47.090 (g) or (j) or 12.47.110(b) shall immediately report to the repository

(1) identification of the court that issued the order;

(2) the date that the person was ordered released;

(3) the court case number; and

(4) if ordered released under AS 12.47.090 (j), the conditions of release and expiration date of the conditions.

(e) A court that reports a disposition described in (a)(3)(E)(v), (a)(3)(E)(vi), or (a)(3)(E)(vii) of this section shall include in the report an indication if the charge involves domestic violence and the following sentencing information:

(1) if a sentence is concurrent or consecutive to a sentence for another charge, the court case number and charge number of the other charge;

(2) a term of incarceration imposed or suspended;

(3) a fine imposed or suspended;

(4) community work service imposed or suspended;

(5) restitution ordered;

(6) a term of probation imposed, including a description of the conditions of probation;

(7) another direct order or recommendation made by the court.

(f) Within one month after the date of a judgment or order, a court shall report to the repository a judgment or order that reverses, remands, vacates, reinstates, sets aside, amends, or modifies a criminal conviction, sentence, or condition of sentence, including

(1) identification of the court;

(2) the date of the judgment or order;

(3) the trial court case number;

(4) the appellate court case number, if applicable; and,

(5) for each charge,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the charge number;

(D) if a sentence is changed, sentencing information described in (e) of this section.

(g) Within one month after receipt of the judgment or order, a prosecuting agency shall report to the repository receipt of a judgment or order from a federal court that reverses, remands, vacates, reinstates, sets aside, amends, or modifies a criminal conviction, sentence, or condition of sentence in a criminal case originating in this state, including

(1) identification of the court that issued the judgment or order;

(2) the date of the judgment or order;

(3) the state court case number;

(4) the federal court case number; and

(5) for each charge, the information described in (f)(5) of this section.

(h) Information required under this section may be reported to the repository by mail, courier, electronic mail, facsimile, magnetic tape, or method described in 13 AAC 68.100(b) .

(i) The reporting requirements described in (a) - (f) and (h) of this section do not apply to a court unless the administrative director of the court system has signed an agreement with the department that the court will comply with this section.

History: Eff. 1/10/97, Register 140

Authority: AS 12.62.110

AS 12.62.120

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