HB 10 Summary

• Adds new felony offense of misconduct involving a controlled substance in the third degree under AS 11.71.040(a)(12) for possessing any amount of schedule IA or IIA controlled substance with two or more prior convictions for similar drug offenses.

• Creates substitution of judgment option in AS 12.55.076 allowing courts to defer prosecution, place defendants on probation, and order treatment completion instead of entering a conviction for the new third-degree offense, with successful completion resulting in conviction reduction to fourth degree.

• Prohibits substitution of judgment for defendants with prior violent felony convictions under AS 11.41 or equivalent offenses in other jurisdictions.

• Expands existing overdose good-faith immunity provisions in AS 11.71.311(a) to include the new third-degree offense, protecting persons who seek medical or law enforcement assistance during overdose situations.

• Adds AS 11.71.040(a)(12) to list of offenses where courts cannot suspend imposition of sentence or defer prosecution under AS 12.55.078(f) and AS 12.55.085(f).