from the Superior Court, Fourth Judicial District, Bethel,
Raymond M. Funk, Judge. Trial Court No. 4BE-11-453 CR
Kopperud, Assistant Public Advocate, and Richard Allen,
Public Advocate (opening brief), and Jane B. Martinez, Law
Office of Jane B. Martinez, LLC, under contract with the
Office of Public Advocacy (reply brief), Anchorage, for the
E. DeLucia, Assistant Attorney General, Office of Criminal
Appeals, Anchorage, and Craig W. Richards, Attorney General,
Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, Allard, Judge, and Suddock,
Superior Court Judge. [*]
Tyler Kozevnikoff pleaded guilty to one count of first-degree
sexual abuse of a minor. Over a defense objection, the
sentencing judge imposed Special Condition of Probation No.
11 requiring Kozevnikoff to undergo a mental health
evaluation and, if recommended, to take prescribed drugs.
challenges this condition of probation, arguing that it
unduly restricts his liberty. The State responds that the
special condition is reasonably related to Kozevnikoff s
rehabilitation and to the protection of the public, and is
not unduly restrictive.
the current record insufficient to support the probation
condition, and we remand the case for further proceedings.
facts and proceedings
Kozevnikoff was twenty-one, he sexually penetrated and had
sexual contact with his two sisters and an unrelated boy; the
girls were three and five, and the boy was five.
was charged with three counts of first-degree sexual abuse of
a minor and three counts of second-degree sexual abuse of a
minor. Pursuant to a Criminal Rule 11 plea agreement, he
pleaded guilty to one count of first-degree sexual abuse of a
minor. Superior Court Judge pro tern Raymond M. Funk
sentenced him to 35 years' incarceration with 10 years
suspended (25 years to serve) and 15 years' probation.
defense objection, the judge imposed a probation condition
requiring Kozevnikoff to take any medication that he might be
prescribed after a mental health evaluation:
You must obtain a DOC approved mental health evaluation and
follow all recommendations, which may include ingestion of
medications as prescribed by a licensed practitioner. You
shall totally abstain from use and possession of any drugs
not prescribed by a licensed practitioner. If any side effect
issues cannot be resolved with your physician then you are
entitled to have a review hearing with the court.
judge acknowledged that certain psychotropic medications can
have "terrible lifelong side effects [such as]
involuntary shaking." But he concluded that "a
defendant with mental health issues, especially given the
gravity of this kind of case, shouldn't be ...