AK HB367

Amends AS 12.55.155(d) to add fetal alcohol spectrum disorder (FASD) as a sentencing mitigation factor for defendants in criminal cases, except for offenses defined under AS 11.41 or AS 11.46.400.

Allows courts to impose sentences below the presumptive range if a defendant is found to have FASD that substantially impaired judgment, behavior, capacity to recognize reality, or ability to cope with ordinary demands of life.

Requires that the FASD, while insufficient to constitute a complete defense, must have significantly affected the defendant's conduct to qualify as a mitigating factor.

Defines "fetal alcohol spectrum disorder" as a condition of impaired brain function in the range of permanent birth defects caused by maternal consumption of alcohol during pregnancy.