Sec. 33.05.010. Powers of commissioner.

The commissioner shall administer a probation system and enforce the probation laws in the superior court.

History. (§ 2 ch 105 SLA 1960)

Cross references. —

For provisions concerning the grant and conditions of probation, see AS 12.55.080 — 12.55.102 .

Sec. 33.05.020. Duties of commissioner; probation officers and personnel; ignition interlock devices.

1. The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015(a) , a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a person placed on probation for a misdemeanor offense.
2. The commissioner shall fix probation officers’ and assistants’ salaries, assign them to the various judicial districts, and shall provide for their necessary expenses including clerical services and travel.  The commissioner may assign to all probation officers and personnel any duties concerning the administration of the parole system as provided in AS 33.16.
3. The commissioner shall by regulation
   1. establish standards for calibration, certification, maintenance, and monitoring of ignition interlock devices required as a condition of probation or as part of a sentence under AS 12.55.102 or another statute; and
   2. establish a fee to be paid by the manufacturer for the cost of certifying an ignition interlock device.
4. The regulations in (c) of this section must require that the ignition interlock device operate reliably over the range of automobile environments, otherwise known as automobile manufacturing standards, for the geographic area for which the device is certified.
5. The commissioner shall notify the manufacturer of the ignition interlock device when the device is certified. The commissioner may not certify an ignition interlock device unless the device prominently displays a label warning that a person circumventing or tampering with the device violates AS 11.76.140 and may be imprisoned and fined.
6. The commissioner shall establish a program for offenders on probation for a felony offense who have conditions of probation that include not consuming controlled substances or alcoholic beverages and who have been identified as being at moderate to high risk as identified by a risk-needs assessment. The commissioner shall adopt regulations to implement the program. The program shall
   1. include random testing for controlled substances and alcoholic beverage use;
   2. require that the probation officer file a petition with the court seeking appropriate sanctions by the close of the next business day if a probationer
      1. fails to appear for an appointment as directed by the probation officer; or
      2. tests positive for the use of controlled substances, inhalants, or alcoholic beverages; and
   3. include a means to notify the court, by the close of the next business day, that a petition to revoke probation has been filed on a probationer placed in the program by the commissioner so that the court may review the petition, schedule a prompt hearing, address a request for a warrant provided by the probation officer, or take other action the court considers appropriate.
7. The commissioner shall establish an administrative sanction and incentive program to facilitate a swift and effective response to a probationer’s compliance with or violation of the conditions of probation. The commissioner shall adopt regulations to implement the program. At a minimum, the regulations must include
   1. a decision-making process to guide probation officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of probation, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions;
   2. policies and procedures that ensure
      1. a process for responding to negative behavior that includes a review of previous violations and sanctions;
      2. that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner’s designee; and
      3. that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction.
8. The commissioner shall establish by regulation a program allowing probationers to earn credits for complying with the conditions of probation. The credits earned reduce the period of probation. Nothing in this subsection prohibits the department from recommending to the court the early discharge of the probationer as provided in AS 33.30. At a minimum, the regulations must
   1. require that a probationer earn a credit of 10 days for each 30-day period served in which the defendant complied with the conditions of probation;
   2. include policies and procedures for
      1. calculating and tracking credits earned by probationers;
      2. reducing the probationer’s period of probation based on credits earned by the probationer; and
      3. notifying a victim under AS 33.30.013 ;
   3. require that a probationer convicted of a crime involving domestic violence as defined in AS 18.66.990 complete all treatment programs required as a condition of probation before discharge based on credits earned under this subsection.
9. A probationer may not be enrolled in the program established under (h) of this section if the probationer is on probation for
   1. an unclassified felony;
   2. a sex offense as defined in AS 12.63.100 ;
   3. a felony crime against a person under AS 11.41;
   4. a crime involving domestic violence, as defined in AS 18.66.990 , that is an offense under AS 11.41.

History. (§ 2 ch 105 SLA 1960; am § 8 ch 57 SLA 1989; am §§ 10, 11 ch 85 SLA 2010; am § 22 ch 20 SLA 2011; am § 28 ch 83 SLA 2014; am § 114 ch 36 SLA 2016; am § 43 ch 1 4SSLA 2017; am §§ 100, 101 ch 4 FSSLA 2019)

Cross references. —

For provision authorizing the Department of Corrections to adopt regulations necessary to implement the 2014 changes to (f) of this section, see sec. 39(a), ch. 83, SLA 2014.

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(q), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to applicability of the 2017 amendment to subsection (h), see sec. 75(a)(23), ch. 1, 4SSLA 2017, in the 2017 Temporary and Special Acts.

Administrative Code. —

For breath alcohol ignition interlock devices program, see 22 AAC 15.

Effect of amendments. —

The 2014 amendment, effective July 17, 2014, added (f).

The 2016 amendment, effective January 1, 2017, added (g) and (h).

The 2017 amendment, effective November 27, 2017, added (h)(3), and made a related change.

The 2019 amendment, effective July 9, 2019, in (h), substituted “10 days” for “30 days” in (h)(1), and deleted “a sex offense as defined in AS 12.63.100 or” following “probationer convicted of” in (h)(3); and added (i).

Editor’s notes. —

Section 28(c), ch. 20, SLA 2011, provides that the 2011 amendment to (a) of this section applies “to offenses occurring before, on, or after July 1, 2011.”

Under sec. 36(b), ch. 83, SLA 2014, subsection (f) as amended by sec. 28, ch. 83, SLA 2014, applies to convictions occurring before, on, or after July 17, 2014 for offenses occurring before, on, or after July 17, 2014.

Section 142(e), ch. 4, FSSLA 2019, provides that the 2019 amendment to (h) of this section and enactment of (i) of this section applies “to probation ordered before, on, or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.05.030. Probation officers as officers of court.

1. All probation officers made available to the courts under this chapter shall be officers of the superior court and subject to the authority of the superior court.
2. The appointment of a probation officer shall be entered on the journal of the court in the judicial district where the probation officer shall be assigned, and one copy of the journal entry sent to the administrative director of the Alaska Court System.

History. (§ 3 ch 105 SLA 1960; am § 34 ch 8 SLA 2011)

Sec. 33.05.040. Duties of probation officers.

1. A probation officer shall
   1. furnish to each probationer under the supervision of the officer a written statement of the conditions of probation and shall instruct the probationer regarding the same;
   2. keep informed concerning the conduct and condition of each probationer under the supervision of the officer and shall report on the probationer to the court placing that person on probation;
   3. use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition;
   4. keep records of the probation work, including administrative sanctions and incentives the probation officer imposes under AS 33.05.020(g) , keep accurate and complete accounts of all money collected from persons under the supervision of the officer, give receipts for money collected and make at least monthly returns of it, make the reports to the court and the commissioner required by them, and perform other duties the court may direct;
   5. perform duties with respect to persons on parole as the commissioner shall request, and in that service shall be termed a parole officer;
   6. use administrative sanctions and incentives developed under AS 33.05.020(g) to respond to a probationer’s negative and positive behavior in a way that is intended to interrupt negative behavior in a swift, certain, and proportional manner and support progress with a recognition of positive behavior;
   7. upon determining that a probationer under the supervision of the officer meets the requirements of AS 12.55.090(g) , consider recommending to the court that probation be terminated and the probationer be discharged from probation;
   8. for each probationer who owes restitution and who is under the supervision of the officer, create a restitution payment schedule based on the probationer’s income and ability to pay if the court has not already set a restitution payment schedule;
   9. accommodate the diligent efforts of each probationer to secure and maintain steady employment or to participate in educational courses or training programs when prescribing the times at which a probationer shall report;
   10. permit each probationer to travel in the state to make diligent efforts to secure and maintain steady employment or to participate in educational courses or training programs if the travel is not inconsistent with other terms and conditions of probation;
   11. report on the probationer by making a recommendation to the court to revoke probation or to maintain existing probation conditions when a petition to revoke probation is filed.
2. The caseload of a probation officer supervising probationers or the combined caseload of a probation officer or parole officer supervising probationers and persons on parole as provided for in (a)(5) of this section may not exceed an average of 75 persons, except in temporary or extraordinary circumstances approved by the commissioner.

History. (§ 4 ch 105 SLA 1960; am § 115 ch 36 SLA 2016; am § 1 ch 49 SLA 2016; am § 44 ch 1 4SSLA 2017; am § 102 ch 4 FSSLA 2019)

Revisor's notes. —

Paragraphs (9) and (10) were enacted as (6) and (7) and renumbered in 2016.

Cross references. —

For provision relating to the applicability of the first 2016 amendment to this section, see sec. 185(k)(5), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Effect of amendments. —

The first 2016 amendment, effective January 1, 2017, in (2) and (5), substituted “the” for “such”, or similar, in three places; in (4) inserted “, including administrative sanctions and incentives the probation officer imposes under AS 33.05.020(g) ” preceding “keep accurate”; added (6), (7) and (8).

The second 2016 amendment, effective October 26, 2016, in (2) and (5), substituted “that” for “such” and, in (5), deleted “such”; added (6) and (7).

The 2018 amendment, effective July 1, 2019, added (b).

The 2019 amendment, effective July 9, 2019, in (a), deleted “, including responses to technical violations of conditions of probation,” following “negative and positive behavior” in (a)(6), substituted “consider recommending to the court that” for “recommend to the court as soon as practicable that” in (a)(7), added (a)(11), and made related stylistic changes.

Editor's notes. —

Section 142(d), ch. 4, FSSLA 2019, provides that the 2019 amendment to (a)(11) of this section applies “to probation ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Section 142(e), ch. 4, FSSLA 2019, provides that the 2019 amendment to (a)(6) of this section applies “to probation ordered before, on, or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.05.050. Report of probation officer.

When directed by the court, the probation officer shall report to the court with a statement of the conduct of the probationer while on probation. Except as otherwise provided by law, the court may then discharge the probationer from further supervision and may terminate the proceedings against the probationer, or may extend the probation, as shall seem advisable.

History. (§ 5 ch 105 SLA 1960; am § 14 ch 70 SLA 2012)

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, in the second sentence added “Except as otherwise provided by law,”; made stylistic changes.

Sec. 33.05.060. Transfer of jurisdiction over probationer.

Whenever during the period of probation, a probationer goes from the judicial district in which the probationer is being supervised to another judicial district, jurisdiction over the probationer may be transferred, in the discretion of the court, from the court for the district from which the probationer goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation may not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of probation the probationer goes from the district in which the probationer is being supervised to another district.

History. (§ 5 ch 105 SLA 1960)

Sec. 33.05.070. Arrest of probationer.

1. At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090 , the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer’s arrest for violation of probation occurring during the probation period.  The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found.  If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.
2. As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090(f) , the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086(c) .
3. At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.
4. The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to
   1. geographic limitations on the probationer’s movements;
   2. possessing or consuming controlled substances under state or federal law;
   3. possessing firearms;
   4. possessing or consuming alcoholic beverages, or being in a place where they are sold or served;
   5. operating or driving a motor vehicle; or
   6. other conduct that creates an imminent public danger or threatens serious harm to persons or property.

History. (§ 5 ch 105 SLA 1960; am § 3 ch 32 SLA 1979; am § 26 ch 2 SLA 2005; am § 15 ch 70 SLA 2012)

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, in (b), in second sentence added “Except as provided in AS 12.55.090(f) ”; and made stylistic changes.

Sec. 33.05.080. Definitions.

In this chapter, unless the context otherwise requires,

1. “administrative sanctions and incentives” means responses by a probation officer to a probationer’s compliance with or violation of the conditions of probation under AS 33.05.020(g) .
2. “commissioner” means the commissioner of corrections or the designee of the commissioner;
3. “probation,” except as authorized under AS 12.55.086 , is a procedure under which a defendant, found guilty of a crime upon verdict or plea, is released by the superior court subject to conditions imposed by the court and subject to the supervision of the probation service as provided in this chapter.

History. (§ 1 ch 105 SLA 1960; am § 6 ch 104 SLA 1971; am § 4 ch 32 SLA 1979; am E.O. No. 55, § 12 (1984); am § 116 ch 36 SLA 2016)

Revisor’s notes. —

Reorganized in 1986 to alphabetize the defined terms. In 2016, paragraph (1) was enacted as (3) and renumbered to maintain alphabetical order.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, added (3) [now (1)].

Sec. 33.05.090. Short title.

This chapter may be cited as the Probation Administration Act.

History. (§ 7 ch 105 SLA 1960)

Sec. 33.07.010. Pretrial services program; establishment.

The commissioner shall establish and administer a pretrial services program that provides a pretrial risk assessment for all defendants detained in custody in a correctional facility following arrest and for any defendant for whom the prosecution requests to have a pretrial risk assessment at the next hearing or arraignment. The pretrial services program shall make recommendations to the court concerning pretrial release decisions and provide supervision of defendants released while awaiting trial as ordered by the court.

History. (§ 117 ch 36 SLA 2016; am § 45 ch 1 4SSLA 2017)

Effect of amendments. —

The 2017 amendment, effective January 1, 2018, inserted “detained in custody in a correctional facility following arrest and for any defendant for whom the prosecution requests to have a pretrial risk assessment at the next hearing or arraignment” at the end of the first sentence, inserted “The pretrial services program shall make” at the beginning of the second sentence, inserted “provide” preceding “supervision of defendants” in the second sentence, and made stylistic changes.

Cited in

Vaneyck v. State, — P.3d — (Alaska Ct. App. Oct. 9, 2018).

Sec. 33.07.020. Duties of commissioner; pretrial services.

The commissioner shall

1. appoint and make available to the superior court and district court qualified pretrial services officers;
2. fix pretrial services officers’ salaries;
3. assign pretrial services officers to each judicial district;
4. provide for the necessary supervision, training, expenses, including clerical services, and travel of pretrial services officers;
5. approve a risk assessment instrument that is objective, standardized, and developed based on analysis of empirical data and risk factors relevant to pretrial failure, that evaluates the likelihood of failure to appear in court and the likelihood of rearrest during the pretrial period, and that is validated on the state’s pretrial population; and
6. adopt regulations in consultation with the Department of Law, the public defender, the Department of Public Safety, the office of victims’ rights, and the Alaska Court System, consistent with this chapter and as necessary to implement the program; the regulations must include a process for pretrial services officers to make a recommendation to the court concerning a pretrial release decision and guidelines for pretrial diversion recommendations.

History. (§ 117 ch 36 SLA 2016)

Effective dates. —

Section 192, ch. 36, SLA 2016 makes this section effective January 1, 2018.

Sec. 33.07.030. Duties of pretrial services officers.

1. Pretrial services officers shall, in advance of a first appearance before a judicial officer under AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument approved by the commissioner for the purpose of making a recommendation to the court concerning an appropriate pretrial release decision and conditions of release. In conducting a pretrial risk assessment and making a recommendation to the court, the pretrial services officer shall follow the decision-making process established by regulation under this chapter. The pretrial risk assessment shall be completed and presented to the court in a pretrial release report that contains a risk assessment rating of low, moderate, or high and a recommendation regarding release and release conditions, including a recommendation concerning a defendant’s dependency on, abuse of, or addiction to alcohol or controlled substances, to the extent those factors are indicated by the offense or criminal history, before the defendant’s first appearance before a judicial officer.
2. A pretrial services officer shall make a recommendation under (a) of this section for pretrial release to the court based on factors that include the results of a pretrial risk assessment, the offense charged, and the least restrictive condition or conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community. If the offense or criminal history of a defendant identifies that a dependency on, abuse of, or addiction to alcohol or controlled substances is a factor in the defendant’s offense, the pretrial services officer shall include that identified fact in the report to the court and to the attorneys. The recommendation must take into account
   1. the defendant’s risk rating;
   2. the appropriateness for release on the defendant’s own recognizance or upon the execution of an unsecured appearance bond, unsecured performance bond, or both; and
   3. the appropriateness of nonmonetary release conditions permitted under AS 12.30.011 , 12.30.016 , 12.30.021 , and 12.30.027 and supervision of those conditions by a pretrial services officer for defendants who are recommended for release.
3. A pretrial services officer shall recommend for release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, if a defendant is charged with
   1. a misdemeanor, unless that misdemeanor is
      1. a crime involving domestic violence, as defined in AS 18.66.990 ;
      2. a crime against the person under AS 11.41;
      3. an offense under AS 11.56.730 or 11.56.757 ;
   2. a class C felony, unless that felony is
      1. a crime involving domestic violence, as defined in AS 18.66.990 ;
      2. a crime against the person under AS 11.41;
      3. an offense under AS 11.56.730 ;
   3. an offense under AS 28.35.030 or 28.35.032 , if the defendant has been assessed as being low or moderate risk on the pretrial risk assessment.
4. A pretrial services officer shall recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, unless the pretrial services officer finds
   1. by substantial evidence that no nonmonetary conditions of release in combination with release on personal recognizance or upon execution of unsecured bond can reasonably ensure public safety and appearance in court; and
   2. the defendant has been charged with
      1. an offense under AS 28.35.030 or 28.35.032 , and the offender has been assessed as high risk under a pretrial risk assessment;
      2. an offense under AS 11.56.730 or 11.56.757 , and the offender has been assessed as low to moderate risk under a pretrial risk assessment; or
      3. any other offense, and the defendant has been assessed as being low risk under a pretrial risk assessment.
5. A pretrial services officer may recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, for a defendant not otherwise recommended for release under (c) or (d) of this section.
6. A pretrial services officer may supervise a defendant released while awaiting trial, imposing the least restrictive level of supervision that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community, and prioritizing higher levels of supervision for a defendant accused of serious charges or assessed as moderate or high risk under a pretrial risk assessment. The commissioner may, in accordance with AS 36.30, procure and enter into agreements or contracts for the supervision of defendants on electronic monitoring during the pretrial period.
7. A pretrial services officer may
   1. recommend pretrial diversion to the court and parties before adjudication in accordance with the guidelines established by the commissioner under AS 33.07.020 (6);
   2. if the officer has probable cause to believe the defendant has committed an offense under AS 11.56.730 or 11.56.757 or has violated the defendant’s release conditions, file a complaint with the court and
      1. arrest, with or without a warrant, a defendant who has been released while awaiting trial; or
      2. request the court to issue warrants related to any violation of the defendant’s release conditions;
   3. refer interested defendants for substance abuse screening, assessment, and treatment on a voluntary basis and assist any defendant whose offense or criminal history identified a dependency on, abuse of, or addiction to alcohol or controlled substances with accessing and obtaining appropriate treatment in the community to address those needs;
   4. recommend that a defendant charged with an offense involving the use of alcohol or controlled substances comply with a program established under AS 47.38.020 ; and
   5. coordinate with community-based organizations and tribal courts and councils to develop and expand pretrial diversion options.

History. (§ 117 ch 36 SLA 2016; am § 18 ch 22 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective June 15, 2018, in the introductory language in (g)(2), deleted “Arrest, without a warrant, a defendant who has been released while awaiting trial” at the beginning, added “, file a complaint with the court and” at the end, added (g)(2)(A) and (B).

Effective dates. —

Section 192, ch. 36, SLA 2016 makes this section effective January 1, 2018.

Sec. 33.07.040. Pretrial services officers as officers of court.

All pretrial services officers shall be available to the superior and district courts and shall be officers of the court.

History. (§ 117 ch 36 SLA 2016)

Effective dates. —

Section 192, ch. 36, SLA 2016 makes this section effective January 1, 2018.

Sec. 33.07.090. Definitions.

In this chapter,

1. “commissioner” means the commissioner of corrections;
2. “program” means the pretrial services program.

History. (§ 117 ch 36 SLA 2016)

Effective dates. —

Section 192, ch. 36, SLA 2016 makes this section effective January 1, 2018.

Sec. 33.16.010. Parole.

1. A prisoner who is serving a term or terms of two years or more is eligible for mandatory parole.
2. A prisoner who is eligible under  AS 33.16.090 may be granted discretionary parole by the board of parole.
3. Except as provided in (g) of this section, a prisoner who is not eligible for special medical or discretionary parole, or who is not released on special medical or discretionary parole, shall be released on mandatory parole for the term of good time deductions credited under AS 33.20, if the term or terms of imprisonment are two years or more.
4. A prisoner released on special medical, discretionary, or mandatory parole is subject to the conditions of parole imposed under AS 33.16.150 . Parole may be revoked under AS 33.16.220 .
5. A prisoner eligible under  AS 33.16.085 may be released on special medical parole by the Parole Board.
6. [Repealed, § 72 ch 1 4SSLA 2017.]
7. A prisoner is not eligible for mandatory parole if the prisoner has been convicted of a crime under AS 11.41.100 or 11.41.110 .

History. (§ 2 ch 88 SLA 1985; am §§ 1, 2 ch 77 SLA 1987; am §§ 2, 3 ch 70 SLA 1995; am §§ 118 — 120 ch 36 SLA 2016; am §§ 46, 47, 72 ch 1 4SSLA 2017; am §§ 103, 104 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(d)(7) and (m)(1) and (2), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For eligibility for discretionary parole, see 22 AAC 20, art. 1.

For conditions of parole, see 22 AAC 20, art. 5.

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (c), inserted “special medical, administrative, or” in two places, following “eligible for” and “not released on”, respectively; in (d), inserted “administrative,” after “special medical,”; added former (f).

The 2017 amendment, effective November 27, 2017, in (c), twice deleted “, administrative,” following “special medical”; in (d), deleted “administrative,” following “special medical,”; repealed (f).

The 2019 amendment, effective July 9, 2019, substituted “Except as provided in (g) of this section, a prisoner” for “A prisoner” at the beginning of (c), and added (g).

Editor's notes. —

Section 142(f), ch. 4, FSSLA 2019, provides that the 2019 amendments to (c) and (g) of this section apply “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.020. Board of parole.

1. There is in the Department of Corrections a board of parole consisting of five members appointed by the governor, subject to confirmation by a majority of members of the legislature in joint session.
2. Members of the board serve for staggered terms of five years and until their successors are appointed.
3. The governor shall choose the presiding officer of the board from among the membership.
4. The governor shall make appointments to the board with due regard for representation on the board of the ethnic, racial, sexual, and cultural populations of the state.
5. The governor shall appoint at least one member who resides in the First Judicial District, one member who resides in the Third Judicial District, and one member who resides in either the Second or Fourth Judicial District.

History. (§ 2 ch 88 SLA 1985)

Sec. 33.16.030. Selection criteria for board members.

1. The governor shall appoint board members on the basis of their qualifications to make decisions that are compatible with the welfare of the community and of individual offenders. The governor shall appoint members who are able to consider the character and background of offenders and the circumstances under which offenses were committed.
2. At least one person appointed to the board must have experience in the field of criminal justice.
3. Officers or employees of the state may not be appointed to the board.

History. (§ 2 ch 88 SLA 1985)

Sec. 33.16.040. Compensation and expenses.

A board member is entitled to compensation at an amount to be set by the governor for each day the member is participating in business of the board, and is also entitled to the per diem and travel allowances provided under AS 39.20.180 .

History. (§ 2 ch 88 SLA 1985)

Sec. 33.16.050. Meetings of the board.

1. The board may meet as often as it considers necessary to carry out its responsibilities, but shall meet at least four times a year.
2. Three members of the board constitute a quorum for the conduct of business.
3. Except when a member of the board imposes special conditions of mandatory parole for the board under AS 33.16.150 and except as provided in (e) of this section, decisions and orders of the board require the affirmative votes of a majority of the members present.
4. The board may conduct meetings by the use of teleconferencing facilities.
5. A meeting of the board is not required for a decision or order setting special conditions of mandatory parole by a single member of the board under AS 33.16.150(b) and (e). If a prisoner or parolee who is aggrieved by the board member’s decision or order applies to the full board under AS 33.16.150(e) and 33.16.160 for a change in parole conditions, the board shall meet to act on the application.

History. (§ 2 ch 88 SLA 1985; am §§ 9, 10 ch 43 SLA 1994; am § 2 ch 44 SLA 1994)

Administrative Code. —

For discretionary parole release hearings, see 22 AAC 20, art. 4.

Sec. 33.16.060. Duties of the board.

1. The board shall
   1. serve as the parole authority for the state;
   2. consider the suitability for parole of a prisoner who is eligible for discretionary parole or special medical parole if
      1. the prisoner had no disciplinary action imposed during incarceration; or
      2. the prisoner had disciplinary action imposed during incarceration and the prisoner filed an application with the board for discretionary or special medical parole;
   3. impose parole conditions on all prisoners released under special medical, discretionary, or mandatory parole;
   4. under AS 33.16.210 , discharge a person from parole when custody is no longer required;
   5. maintain records of the meetings and proceedings of the board;
   6. recommend to the governor and the legislature changes in the law administered by the board;
   7. recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;
   8. upon request of the governor, review and recommend applicants for executive clemency; and
   9. execute other responsibilities prescribed by law.
2. The board shall adopt regulations under the Administrative Procedure Act (AS 44.62)
   1. establishing standards under which the suitability of a prisoner for special medical or discretionary parole shall be determined;
   2. providing for the supervision of parolees and for recommitment of parolees; and
   3. governing procedures of the board.
3. The board shall establish a program for a parolee who has conditions of parole that include not consuming controlled substances or alcoholic beverages and who has been identified as being at moderate to high risk as identified by a risk-needs assessment. The program must
   1. include random testing for controlled substance and alcoholic beverage use;
   2. require that a parole officer file a parole violation report by the close of the next business day if a parolee
      1. fails to appear for an appointment as directed by the parole officer; or
      2. tests positive for the use of controlled substances or alcoholic beverages; and
   3. include a means to notify the board by the close of the next business day that a parole violation report has been filed on a parolee placed in the program by the board.

History. (§ 2 ch 88 SLA 1985; am § 4 ch 70 SLA 1995; am § 29 ch 83 SLA 2014; am § 121 ch 36 SLA 2016; am § 48 ch 1 4SSLA 2017; am § 105 ch 4 FSSLA 2019)

Cross references. —

For regulations relating to parole, see generally 22 AAC 20.

For provision authorizing the board of parole to adopt regulations necessary to implement (c) of this section, see sec. 39(b), ch. 83, SLA 2014.

For provision relating to the applicability of the 2016 amendments to subsection (a), see sec. 185(d)(8), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For eligibility for discretionary parole, see 22 AAC 20, art. 1.

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For conditions of parole, see 22 AAC 20, art. 5.

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

For discharge from parole, see 22 AAC 20, art. 8.

For parole rescission hearings, see 22 AAC 20, art. 9.

For hearing officers, see 22 AAC 20, art. 10.

For recording of hearings, see 22 AAC 20, art. 11.

For parole violations, see 22 AAC 20, art. 12.

For disclosure of information by board member, see 22 AAC 20, art. 13.

For disqualification of board member or hearing officer, see 22 AAC 20, art. 14.

For special medical parole, see 22 AAC 20, art. 15.

Effect of amendments. —

The 2014 amendment, effective July 17, 2014, added (c).

The 2016 amendment, effective January 1, 2017, in (a)(2), deleted “upon receipt of an application,” at the beginning of the paragraph; inserted “for discretionary parole at least 90 days before the prisoner's first date of eligibility and upon receipt of the prisoner's application” following “who is eligible”; deleted “or discretionary” after “special medical”; in (a)(3), inserted “special medical, administrative,” preceding “discretionary”; and made stylistic changes.

The 2017 amendment, effective November 27, 2017, in (a)(3), deleted “administrative,” following “special medical,”.

The 2019 amendment, effective July 9, 2019, rewrote (a)(2), which read, “consider the suitability for parole of a prisoner who is eligible for discretionary parole at least 90 days before the prisoner’s first date of eligibility and upon receipt of the prisoner’s application for special medical parole;”.

Editor's notes. —

Under sec. 36(b), ch. 83, SLA 2014, subsection (c) as amended by sec. 29, ch. 83, SLA 2014, applies to convictions occurring before, on, or after July 17, 2014 for offenses occurring before, on, or after July 17, 2014.

Section 142(f), ch. 4, FSSLA 2019, provides that the 2019 amendment to (a) of this section applies “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.070. Process.

The board or a member of the board may issue subpoenas and subpoenas duces tecum in the performance of board duties under AS 33.16.060(a) . Subpoenas issued under this section are enforceable in Superior Court.

History. (§ 2 ch 88 SLA 1985)

Administrative Code. —

For parole violations, see 22 AAC 20, art. 12.

Sec. 33.16.080. Executive director.

The board shall hire an executive director to serve the board in the discharge of its duties. The executive director must have had training and experience in the field of criminal justice. The executive director may employ additional staff to assist the board.

History. (§ 2 ch 88 SLA 1985)

Sec. 33.16.085. Special medical parole.

1. Notwithstanding a presumptive, mandatory, or mandatory minimum term or sentence a prisoner may be serving or any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term of at least 181 days may, upon application by the prisoner or the commissioner, be released by the board on special medical parole if the board determines that
   1. the prisoner has not been convicted of an offense under AS 11.41.410 — 11.41.425 or 11.41.434 — 11.41.438 and the prisoner is severely medically or cognitively disabled as certified in writing by a physician licensed under AS 08.64;
   2. a reasonable probability exists that
      1. the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
      2. because of the prisoner’s severe medical or cognitive disability, the prisoner will not pose a threat of harm to the public if released on parole; and
      3. release of the prisoner on parole would not diminish the seriousness of the crime;
   3. the prisoner
      1. was not suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated; or
      2. was suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated and the medical or cognitive disability has progressed so that the likelihood of the prisoner’s committing the same or a similar offense is low;
   4. the care and supervision that the prisoner requires can be provided in a more medically appropriate or cost-effective manner than by the department;
   5. the prisoner is incapacitated to an extent that incarceration does not impose significant additional restrictions on the prisoner;
   6. the prisoner is likely to remain subject to the severe medical or cognitive disability throughout the entire period of parole or to die and there is no reasonable expectation that the prisoner’s medical or cognitive disability will improve noticeably; and
   7. an appropriate discharge plan has been formulated that addresses basic life domains of the prisoner, including care coordination, housing, eligibility for public benefits, and health care, including necessary medication.
2. If the board finds a change in circumstances or discovers new information concerning a prisoner who has been granted a special medical parole release date, the board may rescind or revise the previously granted parole release date.
3. The board shall issue its decision to grant or deny special medical parole, or to rescind or revise the release date of a prisoner granted special medical parole, in writing and provide a basis for the decision. A copy of the decision shall be provided to the prisoner.

History. (§ 5 ch 70 SLA 1995; am § 3 ch 25 SLA 2003; am § 27 ch 2 SLA 2005)

Administrative Code. —

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For special medical parole, see 22 AAC 20, art. 15.

Sec. 33.16.087. Rights of victims in connection with special medical parole.

1. If the victim of a crime requests notice of a scheduled hearing to review or consider special medical parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by a copy of the prisoner’s or commissioner’s application for parole submitted under AS 33.16.085 . The copy of the application sent to the victim must include the prisoner’s proposed residence and employment addresses.
2. A victim who requests notice under this section shall maintain a current, valid mailing address on file with the board. The board shall send the notice required by this section to the last known address of the victim. The victim’s address may not be disclosed to the prisoner or the prisoner’s attorney.
3. The victim has a right to attend meetings of the parole board in which the status of the prisoner convicted of the crime against that victim is officially considered and to comment, in writing or in person, on the proposed action of the board. Copies of any written comments shall be provided to the prisoner and the prisoner’s attorney before action by the board.
4. The board shall consider the comments presented under (c) of this section in deciding whether to release the prisoner on special medical parole.
5. If the victim requests, the board shall make every reasonable effort to notify the victim as soon as practicable in writing of its decision to grant or deny special medical parole. The notice under this subsection must include the expected date of the prisoner’s release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner’s conditions of parole that may affect the victim.

History. (§ 5 ch 70 SLA 1995; am § 4 ch 25 SLA 2003)

Administrative Code. —

For special medical parole, see 22 AAC 20, art. 15.

Sec. 33.16.089. Eligibility for administrative parole.

History. [Repealed, § 72 ch 1 4SSLA 2017.]

Sec. 33.16.090. Eligibility for discretionary parole and minimum terms to be served.

1. A prisoner sentenced to an active term of imprisonment of at least 181 days may, in the discretion of the board, be released on discretionary parole if the prisoner
   1. has served the amount of time specified under (b) of this section, except that
      1. a prisoner sentenced to one or more mandatory 99-year terms under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not eligible for consideration for discretionary parole;
      2. a prisoner is not eligible for consideration of discretionary parole if made ineligible by order of a court under AS 12.55.115 ;
      3. a prisoner imprisoned under AS 12.55.086 is not eligible for discretionary parole unless the actual term of imprisonment is more than one year;
      4. a prisoner sentenced to a single sentence within or below a presumptive range set out in AS 12.55.125(c) , (d)(2) — (4), (e)(3) and (4), or (i) who has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole;
      5. a prisoner sentenced to a single sentence, including a consecutive or partially consecutive sentence, that is not eligible for a good time deduction under AS 33.20.010(a)(3) and that has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole; or
   2. is at least 60 years of age, has served at least 10 years of a sentence for one or more crimes in a single judgment, and has not been convicted of an unclassified felony or a sexual felony as defined in AS 12.55.185 .
2. A prisoner eligible under (a)(1) of this section who is sentenced
   1. to a single sentence under AS 12.55.125(a) or (b) may not be released on discretionary parole until the prisoner has served the mandatory minimum term under AS 12.55.125(a) or (b),
      1. two-thirds of the active term of imprisonment imposed, or any term set under AS 12.55.115 , whichever is greatest, for a conviction under AS 11.41.100 or 11.41.110 ;
      2. one-half of the active term of imprisonment imposed, or any term set under AS 12.55.115 , whichever is greatest, for a conviction for an offense not listed in (A) of this paragraph;
   2. to a single sentence under AS 12.55.125(c) , (d)(2) — (4), (e)(3) and (4), or (i), and has been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release during the second half of the sentence, may not be released on discretionary parole until
      1. the prisoner has served that portion of the active term of imprisonment required by the three-judge panel; and
      2. in addition to the factors set out in AS 33.16.100(a) , the board determines that
         1. the prisoner has successfully completed all rehabilitation programs ordered by the three-judge panel that were made available to the prisoner; and
         2. the prisoner would not constitute a danger to the public if released on parole;
   3. to a single enhanced sentence under AS 12.55.155(a) that is above the applicable presumptive range may not be released on discretionary parole until the prisoner has served the greater of the following:
      1. an amount of time, less good time earned under AS 33.20.010 , equal to the upper end of the presumptive range plus one-fourth of the amount of time above the presumptive range; or
      2. any term set under AS 12.55.115;
   4. to a single sentence under any other provision of law may not be released on discretionary parole until the prisoner has served at least one-fourth of the active term of imprisonment, any mandatory minimum sentence imposed under any provision of law, or any term set under AS 12.55.115, whichever is greatest;
   5. to concurrent sentences may not be released on discretionary parole until the prisoner has served the greatest of
      1. any mandatory minimum sentence or sentences imposed under any provision of law;
      2. any term set under AS 12.55.115; or
      3. the amount of time that is required to be served under (1) — (4) or (7) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed;
   6. to consecutive or partially consecutive sentences may not be released on discretionary parole until the prisoner has served the greatest of
      1. the composite total of any mandatory minimum sentence or sentences imposed under any provision of law, including AS 12.55.127 ;
      2. any term set under AS 12.55.115; or
      3. the amount of time that is required to be served under (1) — (4) or (7) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed, plus one-quarter of the composite total of the active term of imprisonment imposed as consecutive or partially consecutive sentences imposed for all crimes other than the primary crime;
   7. to a single sentence under AS 12.55.125(d) for an offense under AS 11.71.030(a)(2) or (9), and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served one-half of the active term of imprisonment imposed.
3. As used in this section,
   1. “active term of imprisonment” has the meaning given in AS 12.55.127 ;
   2. “primary crime” has the meaning given in AS 12.55.127 .

History. (§ 2 ch 88 SLA 1985; am §§ 30 — 32 ch 79 SLA 1992; am § 14 ch 7 SLA 1996; am §§ 5, 6 ch 125 SLA 2004; am § 28 ch 2 SLA 2005; am § 47 ch 41 SLA 2009; am §§ 123, 124 ch 36 SLA 2016; am § 49 ch 1 4SSLA 2017; am §§ 106, 107 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(d)(10) and (m)(3), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For eligibility for discretionary parole, see 22 AAC 20, art. 1.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (c)(1), substituted “AS 12.55.127 ” for “AS 12.55.185 ”.

The 2016 amendment, effective January 1, 2017, in (a), in the introductory language, inserted “and who has not been released on administrative parole as provided in AS 33.16.089 ” following “181 days”; designated a portion of (a) as (1) and redesignated (a)(1), (2) and (3) as (a)(1)(A), (B) and (C); added (a)(2); in the introductory language of of (b), substituted “(a)(1)” for “(a)”; in (b)(2), substituted “AS 12.55.125(i)(1) and (2)” for “AS 12.55.125(c) , (d)(2) – (4), (e)(3) and (4) or (i)”; in (b)(3), substituted “AS 12.55.125(i) ” for “AS 12.55.125(c) , (d)(2) – (4), (e)(3) and (4), or (i)”; added (b)(8); effective July 12, 2016, repealed (c)(2)(B), (d)(2)(B) and (o); and made related and stylistic changes.

The 2017 amendment, effective November 27, 2017, in the introductory language in (a), deleted “and who has not been released on administrative parole as provided in AS 33.16.089 ” following “at least 181 days”.

The 2019 amendment, effective July 9, 2019, added (a)(1)(D) and (a)(1)(E), and made a related stylistic change; in (b), added (b)(1)(A), added the (b)(1)(B) designation, substituted “one-half” for “one-third” at the beginning of (b)(1)(B), and added “, for a conviction for an offense not listed in (A) of this paragraph” at the end, deleted former (b)(2), which read, “to a single sentence within or below a presumptive range set out in AS 12.55.125(i) (1) and (2), and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served the term imposed, less good time earned under AS 33.20.010 ;”, redesignated the following paragraphs accordingly, in present (b)(2), substituted “AS 12.55.125(c) , (d)(2) – (4), (e)(3) and (4), or (i)” for “AS 12.55.125(i) ”, in present (b)(5)(C) and (b)(6)(C), substituted “under (1) – (4) or (7)” for “under (1) – (5)”, and in present (b)(7), substituted “AS 12.55.125(d) for an offense under AS 11.71.030(a)(2) or (9)” for “AS 12.55.125(i)(3) and (4)” and deleted “, after a deduction for good time earned under AS 33.20.010 ,” following “prisoner has served.”

Editor's notes. —

Section 142(b), ch. 4, FSSLA 2019, provides that the 2019 amendments to (a) and (b) of this section apply “to sentences imposed on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.100. Granting of discretionary parole.

1. The board may authorize the release of a prisoner who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability exists that
   1. the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
   2. the prisoner’s rehabilitation and reintegration into society will be furthered by release on parole;
   3. the prisoner will not pose a threat of harm to the public if released on parole; and
   4. release of the prisoner on parole would not diminish the seriousness of the crime.
2. If the board finds a change in circumstances in a prisoner’s preparole reports listed in AS 33.16.110(a) , or discovers new information concerning a prisoner who has been granted a parole release date, the board may rescind or revise the previously granted parole release date. In reconsidering the release date, the procedures set out in AS 33.16.130 shall be followed.
3. [Repealed, § 32 ch 2 SLA 2005.]
4. [Repealed, § 32 ch 2 SLA 2005.]
5. [Repealed, § 179 ch 36 SLA 2016.]
6. [Repealed, § 138 ch 4 FSSLA 2019.]
7. When considering a prisoner for release on discretionary parole under AS 33.16.090(a)(2) , the board may release a prisoner if, taking into consideration the prisoner’s likelihood of recidivism given the prisoner’s age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that
   1. the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
   2. the prisoner’s rehabilitation and reintegration into society will be furthered by release on parole;
   3. the prisoner will not pose a threat of harm to the public if released on parole; and
   4. release of the prisoner on parole would not diminish the seriousness of the crime.
8. If the board considers an application for discretionary parole and denies parole because the prisoner does not meet the standards in (a) or (g) of this section, the board may make the prisoner ineligible for further consideration of discretionary parole or require that additional time be served before the prisoner is again eligible for consideration for discretionary parole.

History. (§ 2 ch 88 SLA 1985; am § 3 ch 77 SLA 1987; am §§ 29, 32 ch 2 SLA 2005; am §§ 125 — 127, 179 ch 36 SLA 2016; am § 50 ch 1 4SSLA 2017; am §§ 108, 109, 138 ch 4 FSSLA 2019)

Administrative Code. —

For eligibility for discretionary parole, see 22 AAC 20, art. 1.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

For parole rescission hearings, see 22 AAC 20, art. 9.

Cross references. —

For provision relating to applicability of the 2016 amendments to this section, see sec. 185(m)(4) — (6), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (a), inserted “convicted of an unclassified felony who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) ” following “release of a prisoner”; in (b), substituted “preparole reports listed in AS 33.16.110(a) ” for “parole release plan submitted under AS 33.16.130 (a)” and “AS 33.16.130 ” for “AS 33.16.130(b) and (c)”; repealed (e); added (f) and (g).

The 2017 amendment, effective November 27, 2017, in (f), deleted “and has not been released on administrative parole under AS 33.16.089 ,” preceding “unless the board”, and made a related change.

The 2019 amendment, effective July 9, 2019, in (a), deleted “convicted of an unclassified felony” following “release of a prisoner” in the introductory paragraph; repealed (f); and added (h).

Editor's notes. —

Section 142(h), ch. 4, FSSLA 2019, provides that the 2019 amendment of (a) of this section applies “to parole granted on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Section 142(f), ch. 4, FSSLA 2019, provides that the 2019 enactment of (h) of this section applies “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.110. Preparole reports.

1. In determining whether a prisoner is suitable for discretionary parole, the board shall consider the preparole reports including
   1. the presentence report made to the sentencing court;
   2. the recommendations made by the sentencing court, by the prosecuting attorney, and by the defense attorney, and any statements made by the victim or the prisoner at sentencing;
   3. the prisoner’s institutional conduct history while incarcerated;
   4. recommendations made by the staff of the correctional facilities in which the prisoner was incarcerated;
   5. reports of prior crimes, juvenile histories, and previous experiences of the prisoner on parole or probation;
   6. physical, mental, and psychiatric examinations of the prisoner;
   7. information submitted by the prisoner, the sentencing court, the victim of the crime, the prosecutor, or other persons having knowledge of the prisoner or the crime;
   8. information concerning an unjustified disparity in the sentence imposed on a prisoner in relation to other sentences imposed under similar circumstances;
   9. the case plan created under AS 33.30.011(a)(8) for the prisoner, including a compliance report on the case plan;
   10. a reentry plan created under AS 33.30.011(a)(9) ; and
   11. other relevant information that may be reasonably available.
2. The board shall provide information available under (a)(3) and (a)(6) of this section when requesting comments on the discretionary parole of a prisoner from the sentencing court.

History. (§ 2 ch 88 SLA 1985; am § 128 ch 36 SLA 2016)

Administrative Code. —

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (a), added (9), (10), and (11); and made a stylistic change.

Sec. 33.16.120. Rights of certain victims in connection with parole.

1. If the victim of a crime against a person or arson in the first degree requests notice of a scheduled hearing to review or consider discretionary parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by a copy of the prisoner’s parole plan submitted to the board. However, the copy of the parole plan sent to the victim may not include the prisoner’s confidential health information, information protected under  AS 33.16.170 , proposed residence, or employment addresses.
2. A victim who requests notice under this section shall maintain a current, valid mailing address on file with the board. The board shall send the notice required by this section to the last known address of the victim. The victim’s address may not be disclosed to the prisoner or the prisoner’s attorney.
3. The victim has a right to attend meetings of the parole board in which the status of the prisoner convicted of the crime against that victim is officially considered and to comment, in writing or in person, on the proposed action of the board. Copies of any written comments shall be provided to the prisoner and the prisoner’s attorney before action by the board.
4. The board shall consider the comments presented under (c) of this section in deciding whether to release the prisoner on parole.
5. If the victim requests, the board shall make every reasonable effort to notify the victim as soon as practicable in writing of its decision to grant or deny discretionary parole or to release the prisoner under  AS 33.16.010(c) . The notice under this subsection must include the expected date of the prisoner’s release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner’s conditions of parole that may affect the victim.
6. Upon request of the victim, if a prisoner is released under  AS 33.16.010(c) or 33.16.090 , the board shall make every reasonable effort to notify the victim before the prisoner’s release date. Notification under this subsection must include the expected date of the prisoner’s release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner’s conditions of parole that may affect the victim.
7. A victim of a crime involving domestic violence or of a sexual assault under  AS 11.41.410 - 11.41.427 shall be informed by the board at least 30 days in advance of a scheduled hearing to review or consider parole for a prisoner. The board shall inform the victim of any decision to grant or deny parole or to release the prisoner under  AS 33.16.010(c) . If the prisoner is to be released, the victim shall be notified of the expected date of the release, the geographic area in which the prisoner will reside, and any other information concerning conditions of parole that may affect the victim. The victim shall also be informed of any changes in the conditions of parole that may affect the victim. The board shall send the notice required to the last known address of the victim. A person may not bring a civil action for damages for a failure to comply with the provisions of this subsection.
8. [Repealed, § 27 ch 13 SLA 2017.]

History. (§ 2 ch 88 SLA 1985; am §§ 12 — 15 ch 59 SLA 1989; am § 51 ch 64 SLA 1996; am §§ 129 — 132 ch 36 SLA 2016; am § 27 ch 13 SLA 2017; am § 51 ch 1 4SSLA 2017)

Cross references. —

For rights of victims generally, see AS 12.61.

Administrative Code. —

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (a), substituted “parole plan submitted to the board” for “application for parole submitted under AS 33.16.130(a) ” and “parole plan” for “application”; inserted “confidential health information, information protected under AS 33.16.170 ,” following “prisoner’s”; in (f), inserted “33.16.089, or 33.16.090 ” preceding “the board shall”; in (g), inserted “or of a sexual assault under AS 11.41.410 – 11.41.427 ” following “domestic violence”; deleted “discretionary” in two places – following “review or consider” and “grant or deny”, respectively; added (h); and made a minor stylistic change.

The first 2017 amendment, effective June 20, 2017, repealed (h).

The second 2017 amendment, effective November 27, 2017, in (f), deleted “, 33.16.089,” in the list of statutory citations.

Opinions of attorney general. —

Under this section, all family members who meet the statutory definition of “victim” in this chapter are entitled to be present during all parole board hearings concerning the perpetrator and to comment on the proposed board action. May 24, 1996, Op. Att’y Gen.

Sec. 33.16.130. Parole procedures.

1. A prisoner eligible for discretionary parole may apply to the board for discretionary parole. As part of the application for parole, the prisoner shall submit to the board a parole release plan that includes information concerning the prisoner’s plan for employment, residence, and rehabilitation if released on parole.
2. Before the board determines a prisoner’s suitability for discretionary parole, the prisoner is entitled to a hearing before the board. The commissioner or the commissioner’s designee shall furnish to the prisoner a copy of the preparole reports listed in AS 33.16.110(a) , and the prisoner shall be permitted access to all records that the board will consider in making its decision except those that are made confidential by law. The prisoner may also respond in writing to all materials the board considers, be present at the hearing, and present evidence to the board.
3. If the board denies parole, the board shall state the reasons for the denial, identify all of the factors considered relevant to the denial, and provide a written plan for addressing all of the factors relevant to the denial. The board may schedule a subsequent parole hearing at the time of the denial or at a later date.
4. The board shall issue its decision in writing and provide a copy of the decision to the prisoner.

History. (§ 2 ch 88 SLA 1985; § 133 ch 36 SLA 2016; am §§ 52, 53 ch 1 4SSLA 2017; am §§ 110, 111 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(d)(11), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to applicability of the 2017 amendment to subsection (c), see sec. 75(d), ch. 1, 4SSLA 2017, in the 2017 Temporary and Special Acts.

Administrative Code. —

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For parole rescission hearings, see 22 AAC 20, art. 9.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, rewrote the section.

The 2017 amendment, effective November 27, 2017, in the introductory language in (a), deleted the second sentence, which read, “The board shall also hold a hearing if requested by a victim under procedures established for the request for a prisoner eligible for administrative parole.”, and in (a)(1), deleted “, unless the prisoner is eligible for administrative parole” at the end; deleted (c)(1) and (2), setting specific time frames for scheduling of subsequent parole hearings.

The 2019 amendment, effective July 9, 2019, repealed and reenacted (a); and added the first sentence in (b).

Editor's notes. —

Section 142(f), ch. 4, FSSLA 2019, provides that the repeal and reenactment of (a) of this section and the amendment of (b) of this section apply “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.140. Order for parole.

An order for parole issued by the board, setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole custody ends, shall be furnished to each prisoner released on special medical, discretionary, or mandatory parole.

History. (§ 2 ch 88 SLA 1985; am § 6 ch 70 SLA 1995; am § 134 ch 36 SLA 2016; am § 54 ch 1 4SSLA 2017)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(m)(7), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For discretionary parole release hearings, see 22 AAC 20, art. 4.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, inserted “administrative,” following “special medical,".

The 2017 amendment, effective November 27, 2017, deleted “administrative,” following “special medical,”.

Sec. 33.16.150. Conditions of parole.

1. As a condition of parole, a prisoner released on special medical, discretionary, or mandatory parole
   1. shall obey all state, federal, or local laws or ordinances, and any court orders applicable to the parolee;
   2. shall make diligent efforts to maintain steady employment or meet family obligations;
   3. shall, if involved in education, counseling, training, or treatment, continue in the program unless granted permission from the parole officer assigned to the parolee to discontinue the program;
   4. shall report
      1. upon release to the parole officer assigned to the parolee;
      2. at other times, and in the manner, prescribed by the board or the parole officer assigned to the parolee that accommodate the diligent efforts of the parolee to secure and maintain steady employment or to participate in educational courses or training programs;
   5. shall reside at a stated place and not change that residence without notifying, and receiving permission from, the parole officer assigned to the parolee;
   6. shall remain within stated geographic limits unless written permission to depart from the stated limits is granted the parolee;
   7. may not use, possess, handle, purchase, give, distribute, or administer a controlled substance as defined in AS 11.71.900 or under federal law or a drug for which a prescription is required under state or federal law without a prescription from a licensed medical professional to the parolee;
   8. may not possess or control a firearm; in this paragraph, “firearm” has the meaning given in AS 11.81.900 ;
   9. may not enter into an agreement or other arrangement with a law enforcement agency or officer that will place the parolee in the position of violating a law or parole condition without the prior approval of the board;
   10. may not contact or correspond with anyone confined in a correctional facility of any type serving any term of imprisonment or a felon without the permission of the parole officer assigned to a parolee;
   11. shall agree to waive extradition from any state or territory of the United States and to not contest efforts to return the parolee to the state;
   12. shall provide a blood sample, an oral sample, or both, when requested by a health care professional acting on behalf of the state to provide the sample or samples, or an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer, if the prisoner is being released after a conviction of an offense requiring the state to collect the sample or samples for the deoxyribonucleic acid identification registration system under AS 41.41.035;
   13. from a conviction for a sex offense shall submit to regular periodic polygraph examinations; in this paragraph, “sex offense” has the meaning given in AS 12.63.100 .
2. The board may require as a condition of special medical, discretionary, or mandatory parole, or a member of the board acting for the board under (e) of this section may require as a condition of mandatory parole, that a prisoner released on parole
   1. not possess or control a defensive weapon, a deadly weapon other than an ordinary pocket knife with a blade three inches or less in length, or ammunition for a firearm, or reside in a residence where there is a firearm capable of being concealed on one’s person or a prohibited weapon; in this paragraph, “deadly weapon,” “defensive weapon,” and “firearm” have the meanings given in AS 11.81.900 , and “prohibited weapon” has the meaning given in AS 11.61.200 ;
   2. refrain from possessing or consuming alcoholic beverages;
   3. submit to reasonable searches and seizures by a parole officer, or a peace officer acting under the direction of a parole officer;
   4. submit to appropriate medical, mental health, or controlled substance or alcohol examination, treatment, or counseling;
   5. submit to periodic examinations designed to detect the use of alcohol or controlled substances; the periodic examinations may include testing under the program established under AS 33.16.060(c) ;
   6. make restitution ordered by the court according to a schedule established by the board;
   7. refrain from opening, maintaining, or using a checking account or charge account;
   8. refrain from entering into a contract other than a prenuptial contract or a marriage contract;
   9. refrain from operating a motor vehicle;
   10. refrain from entering an establishment where alcoholic beverages are served, sold, or otherwise dispensed;
   11. refrain from participating in any other activity or conduct reasonably related to the parolee’s offense, prior record, behavior or prior behavior, current circumstances, or perceived risk to the community, or from associating with any other person that the board determines is reasonably likely to diminish the rehabilitative goals of parole, or that may endanger the public; in the case of special medical parole, for a prisoner diagnosed with a communicable disease, comply with conditions set by the board designed to prevent the transmission of the disease;
   12. refrain from traveling in the state to make diligent efforts to secure or maintain steady employment or to participate in educational courses or training programs only if the travel violates other conditions of parole.
3. Except for a condition imposed under (b)(1) and (3) — (6) of this section, the board, or a member of the board acting for the board under (e) of this section, may generally delegate imposition of special conditions under (b) of this section to the discretion of the parole officer.
4. The board, or a member of the board acting for the board under (e) of this section, may require a prisoner released on parole to comply with special conditions imposed under (b) of this section for any period up to the maximum term under which the prisoner is subject to the custody and jurisdiction of the board.
5. The board may designate a member of the board to act on behalf of the board in imposing conditions of mandatory parole under (a) and (b) of this section, in delegating imposition of conditions of mandatory parole under (c) of this section, and in setting the period of compliance with the conditions of mandatory parole under (d) of this section. The decision of a member of the board under this section is the decision of the board. A prisoner or parolee aggrieved by a decision of a member of the board acting for the board under this subsection may apply to the board under AS 33.16.160 for a change in the conditions of mandatory parole.
6. In addition to other conditions of parole imposed under this section, the board may impose as a condition of special medical, discretionary, or mandatory parole for a prisoner serving a term for a crime involving domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) — (7); (2) a requirement that, at the prisoner’s expense, the prisoner participate in and complete, to the satisfaction of the board, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by, and that is approved by, the department under AS 44.28.020(b) ; and (3) any other condition necessary to rehabilitate the prisoner. The board shall establish procedures for the exchange of information concerning the parolee with the victim and for responding to reports of nonattendance or noncompliance by the parolee with conditions imposed under this subsection. The board may not under this subsection require a prisoner to participate in and complete a program for the rehabilitation of perpetrators of domestic violence unless the program meets the standards set by, and is approved by, the department under AS 44.28.020(b) .
7. In addition to other conditions of parole imposed under this section for a prisoner serving a sentence for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a condition of special medical, discretionary, and mandatory parole a requirement that the prisoner submit to electronic monitoring. Electronic monitoring under this subsection must comply with AS 33.30.011(a)(10) and provide for monitoring of the prisoner’s location and movements by Global Positioning System technology. The board shall require a prisoner serving a period of parole with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the prisoner has sufficient financial resources to pay the costs or a portion of the costs. A prisoner subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on parole. In this subsection, “correctional facility” has the meaning given in AS 33.30.901 .
8. In addition to other conditions of parole imposed under this section, for a prisoner serving a sentence for an offense involving the use of alcohol or controlled substances, the board may impose, as a condition of special medical, discretionary, or mandatory parole, a requirement that the prisoner comply with a program established under AS 33.16.060(c) or AS 47.38.020 . The board may require a prisoner serving a period of parole and complying with a program established under AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with the program.
9. In addition to other conditions of parole imposed under this section, for a prisoner who is serving a sentence for an offense involving the use of alcohol and whom the board has ordered to refrain from possessing or consuming alcoholic beverages, the board shall require the surrender of the person’s driver’s license or identification card, forward the license or identification card to the department, and impose as a condition of parole that, if the parolee is eligible for a driver’s license or identification card, the parolee shall apply to the department for a new license or identification card with a restriction imposed on the person under AS 04.16.160 . The board shall notify the department of the board’s order under this subsection by providing a copy of the board’s order. Upon discharge from parole, the board shall notify the department of the parolee’s discharge. In this subsection, “department” means the Department of Administration.

History. (§ 2 ch 88 SLA 1985; am § 16 ch 59 SLA 1989; am §§ 3, 4 ch 44 SLA 1994; am §§ 7, 8 ch 70 SLA 1995; am § 52 ch 64 SLA 1996; am § 15 ch 86 SLA 1998; am § 7 ch 95 SLA 1998; am § 4 ch 44 SLA 2000; am § 10 ch 14 SLA 2006; am § 2 ch 27 SLA 2007; am § 30 ch 83 SLA 2014; am §§ 135 — 140 ch 36 SLA 2016; am §§ 2, 3 ch 49 SLA 2016; am §§ 55 — 60 ch 1 4SSLA 2017)

Revisor’s notes. —

Section 11, ch. 43, SLA 1994 added a new subsection (e) for this section, which was superseded by the enactment of a substantially similar provision in § 4, ch. 44, SLA 1994, which took effect the day after ch. 43. Under § 14, ch. 43, SLA 1994, the subsection added by ch. 43 was retroactive to January 1, 1986. It read as follows: “(e) The board may delegate its authority under this section to a single member of the board to issue a decision or order on behalf of the board setting special conditions of mandatory parole. A prisoner or parolee aggrieved by a decision or order of a single board member under this section may request a change in mandatory parole conditions by applying to the full board under AS 33.16.160 .”

Cross references. —

For provision authorizing the board of parole to adopt regulations necessary to implement (b) of this section, see sec. 39(b), ch. 83, SLA 2014.

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(m)(8) - (13), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For conditions of parole, see 22 AAC 20, art. 5.

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

For parole violations, see 22 AAC 20, art. 12.

Effect of amendments. —

The 2014 amendment, effective July 17, 2014, in (b)(5), added “the periodic examinations may include testing under the program established under AS 33.16.060(c) ;” at the end.

The first 2016 amendment, effective January 1, 2017, in (a) inserted “administrative,” following “special medical,”; in (b), inserted “administrative” in two places; in (e), inserted “administrative or” in four places; in (f), inserted “administrative” following “special medical,”; in (g), inserted “administrative” following “special medical,”; inserted “comply with AS 33.30.011(a)(10) and” following “subsection must”; substituted “parole” for “probation”; added (h) and (i).

The second 2016 amendment, effective October 26, 2016, in (a)(4)(B), added “that accommodate the diligent efforts of the parolee to secure and maintain steady employment or to participate in educational courses or training programs” at the end of the sentence; added (b)(12).

The 2017 amendment, effective November 27, 2017, deleted “administrative,” following “special medical,” in the introductory language in (a) and (b), and in (f), (g), and (h); in the introductory language in (b), and three times in (e), it deleted “administrative or” preceding “mandatory parole”.

Editor’s notes. —

Under sec. 36(b), ch. 83, SLA 2014, subsection (b) as amended by sec. 30, ch. 83, SLA 2014, applies to convictions occurring before, on, or after July 17, 2014 for offenses occurring before, on, or after July 17, 2014.

Sec. 33.16.160. Change in parole conditions.

1. Upon application of the state or the parolee, the board may change a condition of parole previously imposed under AS 33.16.150(b) .
2. If the proposed change in conditions of parole is more restrictive of a parolee’s liberty, the parolee is entitled to notice of the proposed change, the reasons for the proposed change, a hearing before the board, and an opportunity to respond to the proposed change and to present evidence.
3. Notwithstanding (a) and (b) of this section, when a parole officer determines that an emergency situation requires an immediate change in a condition of parole, or the imposition of a new condition, the parole officer may impose the change or new condition immediately, without a hearing.  The parole officer shall immediately notify the board of the imposition of the emergency change or new condition and shall provide a written report setting out the basis for the change or new condition and the nature of the emergency.  The effective period of a change in condition or imposition of a new condition under this subsection may not exceed 15 working days.
4. A condition of parole may be changed, a new condition of parole may be imposed, or a new or changed condition imposed under (c) of this section may be extended by a member of the board or the board’s designee if, after a preliminary hearing, an emergency situation is found that requires a change in condition. The effective period of a change in condition under this subsection, the imposition of a new condition under this subsection, or the extension under this subsection of a new or changed condition imposed under (c) of this section may not exceed 90 days.

History. (§ 2 ch 88 SLA 1985)

Administrative Code. —

For conditions of parole, see 22 AAC 20, art. 5.

For hearing officers, see 22 AAC 20, art. 10.

For parole violations, see 22 AAC 20, art. 12.

Sec. 33.16.170. Confidentiality of records and information.

1. Except as provided in (b) of this section, the preparole reports listed in AS 33.16.110 , and other information obtained and used by the board under this chapter, are confidential and may not be disclosed to anyone other than the board, the sentencing judge, the prosecuting and defense attorneys, the prisoner, the prisoner’s attorney, the attorney for the board, the staff of the board, or others granted access to this information under this chapter.
2. Notwithstanding (a) of this section and AS 33.16.130(b) , in a preparole proceeding under AS 33.16.130 the board may not disclose to the prisoner or the prisoner’s attorney
   1. diagnostic opinions that, if made known to the eligible prisoner, could lead to serious disruption of the prisoner’s institutional program;
   2. portions of a document that reveal sources of information obtained upon a promise of confidentiality; or
   3. other information that, if disclosed, may result in physical harm to any other person.
3. When the board withholds information from a prisoner or the prisoner’s attorney under (b) of this section, the board shall provide the prisoner with an excised copy of the material or summary of the material withheld containing as much specificity as the circumstances allow.
4. Except for portions containing personal medical, mental health, or substance abuse treatment information or information that is otherwise required to be kept confidential by state or federal law, decisions of the board, orders for parole, and parole conditions imposed by the board are not confidential. The board shall post all decisions, orders of parole, and conditions imposed on a publicly available Internet website with any confidential portions redacted.

History. (§ 2 ch 88 SLA 1985; am § 112 ch 4 FSSLA 2019)

Administrative Code. —

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For recording of hearings, see 22 AAC 20, art. 11.

For parole violations, see 22 AAC 20, art. 12.

Effect of amendments. —

The 2019 amendment, effective July 9, 2019, added (d).

Editor's notes. —

Section 142(f), ch. 4, FSSLA 2019, provides that the enactment of (d) of this section applies “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.180. Duties of the commissioner.

The commissioner shall

1. conduct investigations of prisoners eligible for discretionary parole, as requested by the board and as provided in this section;
2. supervise the conduct of parolees;
3. appoint and assign parole officers and personnel;
4. notify the board and provide information on a prisoner 120 days before the prisoner’s mandatory release date, if the prisoner is to be released on mandatory parole;
5. maintain records, files, and accounts as requested by the board;
6. prepare preparole reports under AS 33.16.110(a) ;
7. notify the board in writing of a prisoner’s compliance or noncompliance with the prisoner’s case plan created under AS 33.30.011(a)(8) not less than 30 days before the prisoner’s next parole eligibility date or the prisoner’s parole hearing date, whichever is earlier;
8. establish an administrative sanction and incentive program to facilitate a swift and certain response to a parolee’s compliance with or violation of the conditions of parole and shall adopt regulations to implement the program; at a minimum, the regulations must include
   1. a decision-making process to guide parole officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of parole, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions;
   2. policies and procedures that ensure
      1. a process for responding to negative behavior that includes a review of previous violations and sanctions;
      2. that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner’s designee; and
      3. that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction; and
9. within 30 days after sentencing of an offender, provide the victim of a crime information on the earliest dates the offender could be released on furlough, probation, or parole, including deductions or reductions for good time or other good conduct incentives, and the process for release, including contact information for the decision-making bodies.

History. (§ 2 ch 88 SLA 1985; am § 141 ch 36 SLA 2016; am § 61 ch 1 4SSLA 2017)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(p)(1), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For eligibility for discretionary parole, see 22 AAC 20, art. 1.

For attendance and appearance at parole board adjudicatory hearings, see 22 AAC 20, art. 2.

For parole progress reports, see 22 AAC 20, art. 3.

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For parole violations, see 22 AAC 20, art. 12.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (1), inserted “administrative or” following “eligible for”; inserted “and as provided in this section” following “by the board”; in (4), inserted “administrative parole under AS 33.16.089 or” preceding “discretionary parole”; added (7), (8), (9) and (10); and made minor stylistic changes.

The 2017 amendment, effective November 27, 2017, in (1), deleted “administrative or” preceding “discretionary parole”; deleted (4), relating to information on prisoners eligible for administrative or discretionary parole; made related changes.

Sec. 33.16.190. Authority of parole, pretrial services, and probation officers.

An officer appointed by the commissioner under AS 33.05.020(a) , AS 33.07, or this chapter, may discharge duties under AS 33.05, AS 33.07, or this chapter.

History. (§ 2 ch 88 SLA 1985; am § 19 ch 22 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective June 15, 2018, twice inserted “, AS 33.07” and made a stylistic change.

Sec. 33.16.200. Custody of parolee.

Except as provided in AS 33.16.210 , the board retains custody of special medical, discretionary, and mandatory parolees until the expiration of the maximum term or terms of imprisonment to which the parolee is sentenced.

History. (§ 2 ch 88 SLA 1985; am § 9 ch 70 SLA 1995; am § 142 ch 36 SLA 2016; am § 62 ch 1 4SSLA 2017)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(m)(14), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For discretionary parole release procedures, see 22 AAC 20, art. 6.

For special medical parole, see 22 AAC 20, art. 15.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, inserted “administrative,” following “special medical,”.

The 2017 amendment, effective November 27, 2017, deleted “administrative,” following “special medical,”.

Sec. 33.16.210. Discharge of parolee.

1. The board may unconditionally discharge a parolee from the jurisdiction and custody of the board after the parolee has completed one year of parole. A discretionary parolee with a residual period of probation may, after one year of parole, be discharged by the board to immediately begin serving the residual period of probation.
2. Notwithstanding (a) of this section, the board may unconditionally discharge a mandatory parolee before the parolee has completed one year of parole if the parolee is serving a concurrent period of residual probation under AS 33.20.040(c) , and the period of residual probation and the period of suspended imprisonment each equal or exceed the period of mandatory parole.
3. At the discretion of a parole officer, a parole officer may recommend to the board early discharge for a parolee who
   1. has completed at least one year on parole;
   2. has completed all treatment programs required as a condition of parole;
   3. is currently in compliance with all conditions of parole for all of the cases for which the person is on parole; and
   4. has not been convicted of
      1. an unclassified felony offense under AS 11;
      2. a sexual felony as defined in AS 12.55.185 ; or
      3. a crime involving domestic violence as defined in AS 18.66.990 .

History. (§ 2 ch 88 SLA 1985; am §§ 4, 5 ch 77 SLA 1987; am §§ 143, 144 ch 36 SLA 2016; am § 113 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(p)(2) and (3), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For discharge from parole, see 22 AAC 20, art. 8.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (a), substituted “one year” for “two years” in two places; in (b) substituted “one year” for “two years”; added (c).

The 2019 amendment, effective July 9, 2019, rewrote the introductory paragraph (c), which read, “A parole officer shall recommend to the board early discharge for a parolee who”, and rewrote (c)(3), which read, “has not been found in violation of conditions of parole by the board for at least one year; and”.

Editor's notes. —

Section 142(f), ch. 4, FSSLA 2019, provides that the amendment of (c) of this section applies “to parole ordered on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.215. Sanctions for technical violations and other violations of parole.

History. [Repealed, § 138 ch 4 FSSLA 2019.]

Sec. 33.16.220. Revocation of parole.

1. The board may revoke parole if the prisoner or parolee (1) engages in conduct in violation of AS 33.16.150(a) , (b), or (f), or (2) has violated an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10) . Mandatory parole may be revoked before a prisoner’s actual release on parole.
2. Except as provided in (e) of this section, within 15 working days after the arrest and incarceration of a parolee for violation of a condition of parole, the board or its designee shall hold a preliminary hearing. At the preliminary hearing, the board or its designee shall determine if there is probable cause to believe that the parolee violated the conditions of parole and, when probable cause exists, whether the parolee should be released pending a final revocation hearing. A finding of probable cause at a preliminary hearing in a criminal case is conclusive proof of probable cause that a parole violation occurred.
3. In determining whether a parole violator should be released pending a final revocation hearing, the board or its designee shall consider
   1. the likelihood of the parolee’s appearance at a final revocation hearing;
   2. the seriousness of the alleged violation;
   3. whether the parolee presents a danger to the community;
   4. whether the parolee is likely to further violate conditions of parole; and
   5. whether the parolee is on parole for a crime involving domestic violence; if the violation of the condition of parole involved an act of domestic violence, the parolee may not be released pending the final revocation hearing.
4. If the parole violator is released pending a final revocation hearing, the board or its designee may impose additional conditions necessary to ensure the parolee’s appearance at the final revocation hearing, and to prevent further violation of conditions of parole.
5. A preliminary hearing under (b) of this section is not required if the board holds a final revocation hearing within 20 working days after the parolee’s arrest and incarceration.
6. If a parolee has had a preliminary hearing under (b) of this section, the board shall hold a final revocation hearing not later than 120 days after a parolee’s arrest, subject to restrictions arising under AS 33.36.110 and (g) of this section.
7. When the basis for the revocation proceeding is a criminal charge, the parolee may request, or the board upon its own motion may propose, that further proceedings on the revocation be delayed.  In making the determination to delay further proceedings, the board shall consider prejudice that may result to the parolee’s and the state’s interests in the pending criminal case and the parolee’s decision to delay final revocation proceedings.  If good cause to proceed is found, the board shall consult with the attorney general before continuing the final revocation proceeding.
8. At a final revocation hearing, a violation of a condition of parole must be established by a preponderance of the evidence.
9. If, after the final revocation hearing, the board finds that the parolee has violated a condition of parole imposed under AS 33.16.150(a) , (b), or (f), or a law or ordinance, the board may revoke all or a portion of the remaining period of parole or change any condition of parole. A parolee’s period of parole is tolled from the date of filing with the parole board of a violation report until the date of the final revocation hearing.
10. [Repealed, § 138 ch 4 FSSLA 2019.]

History. (§ 2 ch 88 SLA 1985; am § 10 ch 188 SLA 1990; am §§ 53, 54 ch 64 SLA 1996; am §§ 8, 9 ch 95 SLA 1998; am §§ 146 — 149 ch 36 SLA 2016; am §§ 114, 115, 138 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(p)(5) - (8), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to the applicability of subsection (i) “to decisions of the Board of Parole issued before January 1, 2017”, see sec. 30(a), ch. 13, SLA 2017, in the 2017 Temporary and Special Acts.

Administrative Code. —

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

For parole violations, see 22 AAC 20, art. 12.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (b), inserted “, other than a technical violation under AS 33.16.215 ” following “condition of parole”; in (f), substituted “If a parolee has had a preliminary hearing under (b) of this section, the” for “The” at the beginning of the subsection; substituted “not” for “no”; in (i), inserted “remaining period of” following “portion of the”; inserted “subject to the limits set out in AS 33.16.215 ” preceding “or change any”; and added the following two sentences to the end of the subsection: “A parolee's period of parole is tolled from the date of filing with the parole board of a violation report for absconding and the date of the parolee's arrest, if the parole board finds, after a hearing, that the parolee violated parole by absconding, as defined in AS 33.16.215(f). The board may not extend the period of parole beyond the maximum release date calculated by the department on the parolee's original sentence plus any time that has been tolled as described in this section.”; added (j).

The 2019 amendment, effective July 9, 2019, in (b), deleted “, other than a technical violation under AS 33.16. 215” following “condition of parole” in the first sentence; in (i), deleted “subject to the limits set out in AS 33.16.215 ,” following “remaining period of parole” in the first sentence, and substituted “until the date of the final revocation hearing” for “for absconding and the date of the parolee’s arrest, if the parole board finds, after a hearing, that the parolee violated parole by absconding, as defined in AS 33.16.215 (f)”, and deleted the former third sentence, which read, “The board may not extend the period of parole beyond the maximum release date calculated by the department on the parolee’s original sentence plus any time that has been tolled as described in this section.”; and repealed (j).

Editor's notes. —

Section 142(g), ch. 4, FSSLA 2019, provides that the 2019 amendments to (b) and (i) of this section apply “to parole ordered before, on, or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Sec. 33.16.230. Waiver of hearing.

A prisoner or parolee may waive the right to a hearing provided under AS 33.16.130 , 33.16.160 , or 33.16.220 by submitting a written waiver to the board.

History. (§ 2 ch 88 SLA 1985; am § 37 ch 30 SLA 1996)

Administrative Code. —

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For conditions of parole, see 22 AAC 20, art. 5.

For parole violations, see 22 AAC 20, art. 12.

Sec. 33.16.240. Arrest of parole violator.

1. A parolee may be arrested, with or without a warrant, for a violation of parole.
2. A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred.
3. In addition to the powers granted to a police officer under (g) of this section, a parole officer may, without a warrant, arrest a parolee for a violation of parole only if there is danger to the public, if there is a likelihood that the parolee will flee, or if the parolee committed a crime in the presence of the parole officer.
4. If a parolee is arrested without a warrant, the parole officer shall notify the board no later than the working day immediately following the arrest.  The parole officer shall, within five working days after the arrest, provide the board with a written report setting out the alleged violation and circumstances that required immediate arrest of the parolee.
5. A parolee arrested for violation of parole is not entitled to bail.
6. Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole does not alter the time the parolee was sentenced to serve.
7. At any time within the period of parole supervision, a police officer certified by the Alaska Police Standards Council may detain a parolee if the officer has reasonable suspicion that the person has recently violated or may imminently violate a parole condition relating to one of the topics set out in AS 33.05.070(d) . The officer may also arrest the parolee without a warrant if the officer has probable cause to believe that the person has violated a parole condition relating to one of the topics set out in AS 33.05.070(d) .
8. [Repealed, § 138 ch 4 FSSLA 2019.]
9. The board or its designee may impose additional conditions necessary to ensure the parolee’s appearance at a hearing held under AS 33.16.220(h) .

History. (§ 2 ch 88 SLA 1985; am §§ 30, 31 ch 2 SLA 2005; am § 150 ch 36 SLA 2016; am § 138 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(p)(9), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

For parole violations, see 22 AAC 20, art. 12.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, added (h), and (i).

The 2019 amendment, effective July 1, 2019, repealed (h).

Sec. 33.16.250. Execution of warrant for arrest of parolee.

1. A parole officer, or a peace officer acting at the request of a parole officer, shall execute a warrant issued under AS 33.16.240 by arresting the parolee and confining the parolee in a correctional facility designated by the commissioner.
2. The parole officer or peace officer shall immediately notify the board or a member of the board of an arrest under (a) of this section.

History. (§ 2 ch 88 SLA 1985)

Sec. 33.16.260. Designation of victims’ representative.

If more than one person who qualifies as a victim under AS 12.55.185 requests notice under this chapter, the commissioner shall designate one person for purposes of receiving the notice required and exercising the rights granted by this chapter.

History. (§ 17 ch 59 SLA 1989)

Revisor’s notes. —

Former AS 33.16.260 was renumbered as AS 33.16.900 in 1986.

Administrative Code. —

For discretionary parole release hearings, see 22 AAC 20, art. 4.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

Opinions of attorney general. —

Under this section, all family members who meet the statutory definition of “victim” in this chapter are entitled to be present during all parole board hearings concerning the perpetrator and to comment on the proposed board action. May 24, 1996, Op. Att’y Gen.

Sec. 33.16.270. Earned compliance credits.

1. The commissioner shall establish by regulation a program allowing parolees to earn credits for complying with the conditions of parole. The earned compliance credits reduce the period of parole. Nothing in this section prohibits the department from recommending to the board the early discharge of the parolee as provided in this chapter. At a minimum, the regulations must
   1. require that a parolee earn a credit of 10 days for each 30-day period served in which the parolee complied with the conditions of parole;
   2. include policies and procedures for
      1. calculating and tracking credits earned by parolees;
      2. reducing the parolee’s period of parole based on credits earned by the parolee and notifying a victim under AS 33.30.013 ;
   3. require that a parolee convicted of a crime involving domestic violence complete all treatment programs required as a condition of parole before discharge based on credits earned under this section.
2. A parolee may not earn credits under (a) of this section if the parolee is on parole for
   1. an unclassified felony;
   2. a sex offense as defined in AS 12.63.100 ;
   3. a felony crime against a person under AS 11.41;
   4. a crime involving domestic violence, as defined in AS 18.66.990 , that is an offense under AS 11.41.

History. (§ 151 ch 36 SLA 2016; am § 63 ch 1 4SSLA 2017; am §§ 116, 117 ch 4 FSSLA 2019)

Cross references. —

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(p)(10), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to the applicability of this section "to credit for time served on parole before January 1, 2017", see sec. 30(b), ch. 13, SLA 2017, in the 2017 Temporary and Special Acts.

For provision relating to applicability of the 2017 amendment to this section, see sec. 75(a)(24), ch. 1, 4SSLA 2017, in the 2017 Temporary and Special Acts.

Effect of amendments. —

The 2017 amendment, effective November 27, 2017, added (3), and made a related change.

The 2019 amendment, effective July 9, 2019, in (a)(1), substituted “10 days” for “30 days”, and in (a)(3), deleted “a sex offense as defined in AS 12.63.100 or” following “parolee convicted of”; and added (b).

Effective dates. —

Section 190, ch. 36, SLA 2016 made this section effective January 1, 2017.

Editor's notes. —

Section 142(g), ch. 4, FSSLA 2019, provides that the 2019 amendments to this section apply “to parole ordered before, on, or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Brief on appeal. —

Superior court properly denied defendant's application for post-conviction relief because he failed to meaningfully brief the claim on appeal, the legislature passed legislation stating that neither of the subject statutes applied retroactively, the record showed that the parole board revoked his parole, not, as defendant claimed, by someone in time accounting, and his equal protection argument was not properly raised in the trial court proceedings. Hartvigsen v. State, — P.3d — (Alaska Ct. App. Oct. 9, 2019).

Sec. 33.16.900. Definitions.

In this chapter,

1. [Repealed, § 72,ch. 1, 4SSLA 2017.]
2. “administrative sanctions and incentives” means responses by a parole officer to a parolee’s compliance with or violation of the conditions of parole under AS 33.16.180 .
3. “board” means the board of parole;
4. “commissioner” means the commissioner of corrections;
5. “controlled substance” means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 — 11.71.190 ;
6. “crime against a person” has the meaning given in AS 33.30.901 ;
7. “crime involving domestic violence” and “domestic violence” have the meanings given in AS 18.66.990 ;
8. “department” means the Department of Corrections;
9. “discretionary parole” means the release of a prisoner by the board before the expiration of a term, subject to conditions imposed by the board and subject to its custody and jurisdiction; “discretionary parole” does not include “special medical parole”;
10. “mandatory parole” means the release of a prisoner who was sentenced to one or more terms of imprisonment of two years or more, for the period of good time credited under AS 33.20, subject to conditions imposed by the board and subject to its custody and jurisdiction;
11. “parolee” means a prisoner, sentenced to one or more terms of imprisonment exceeding 180 days in the case of discretionary parole and of two years or more in the case of mandatory parole, released by the board or by operation of law before the expiration of the term, subject to the custody and jurisdiction of the board;
12. “prisoner” means an offender confined for a violation of state law, but does not include a person confined under AS 47;
13. “severely medically or cognitively disabled” means that a person has a medical condition, or a cognitive condition, that substantially reduces the ability to commit an offense similar to the offense for which the person was convicted or to commit an offense in violation of AS 11.41 that is punishable as a felony, and the person is likely to
    1. remain subject to the severe medical or cognitive condition throughout the entire period of parole; or
    2. die from the medical or cognitive condition;
14. “special medical parole” means the release by the board before the expiration of a term, subject to conditions imposed by the board and subject to its custody and jurisdiction, of a prisoner who is severely medically or cognitively disabled;
15. “victim” has the meaning given in AS 12.55.185 .

History. (§ 2 ch 88 SLA 1985; am §§ 6, 7 ch 77 SLA 1987; am §§ 10, 11 ch 70 SLA 1995; am § 55 ch 64 SLA 1996; am § 3 ch 49 SLA 1997; am §§ 5, 6 ch 25 SLA 2003; am § 152 ch 36 SLA 2016; am § 72 ch 1 4SSLA 2017)

Revisor’s notes. —

Formerly AS 33.16.260 . Renumbered in 1986.

In 1995, paragraphs (13) and (14) were enacted as (11) and (12), in 1996, paragraph (7) was enacted as (13), and in 2016, paragraph (2) was enacted as (15); the paragraphs were renumbered to maintain the alphabetical order of the terms.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, added (15) [now (2)].

The 2017 amendment, effective November 27, 2017, repealed (1).

Sec. 33.20.010. Computation of good time.

1. Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3) , a prisoner convicted of an offense against the state or a political subdivision of the state and sentenced to a term of imprisonment that exceeds three days is entitled to a deduction of one-third of the term of imprisonment rounded off to the nearest day if the prisoner follows the rules of the correctional facility in which the prisoner is confined. A prisoner is not eligible for a good time deduction if the prisoner has been sentenced
   1. to a mandatory 99-year term of imprisonment under AS 12.55.125(a) after June 27, 1996;
   2. to a definite term under AS 12.55.125(l) ;
   3. for a sexual felony under AS 12.55.125(i)
      1. and has one or more prior sexual felony convictions as determined under AS 12.55.145(a)(4) ; or
      2. that is an unclassified or a class A felony; or
   4. for an unclassified felony under AS 11.41.100 or 11.41.110 .
2. [Repealed, § 15 ch 7 SLA 1996.]
3. A prisoner may not be awarded a good time deduction under (a) of this section for any period spent in a treatment program, in a private residence, or on electronic monitoring.

History. (§ 1 ch 107 SLA 1960; am § 17 ch 166 SLA 1978; am § 1 ch 11 SLA 1986; am §§ 15, 18 ch 7 SLA 1996; am § 11 ch 90 SLA 2003; am § 31 ch 24 SLA 2007; am § 33 ch 43 SLA 2013; am §§ 153, 154 ch 36 SLA 2016; am §§ 118, 119 ch 4 FSSLA 2019)

Cross references. —

For governor's transmittal letter for ch. 43, SLA 2013 (SB 22), see 2013 Senate Journal 38 — 39.

For provision relating to the applicability of the 2016 amendments to this section, see sec. 185(d)(12) and (r), ch. 36, SLA 2016, in the 2016 Temporary and Special Acts.

Administrative Code. —

For discipline, see 22 AAC 5, art. 6.

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, in (a)(3), added the (A) and (B) designations, added (a)(3)(B), and made related changes.

The 2016 amendment, effective January 1, 2017, added (a)(4), and made a related change; effective July 12, 2016, rewrote (c).

The 2019 amendment, effective July 9, 2019, substituted “for an unclassified felony under AS 11.41.100 or 11.41.110 ” for “to a definite term of imprisonment of not more than 10 days for a technical violation of AS 12.55.110(c) or AS 33.16.215 ” in (a)(4); and repealed and reenacted (c).

Editor's notes. —

Under sec. 46(a), ch. 43, SLA 2013, the 2013 changes to (a) of this section apply to offenses committed before, on, or after July 1, 2013.

Section 142(b), ch. 4, FSSLA 2019, provides that the 2019 amendments to this section apply “to sentences imposed on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Opinions of attorney general. —

Authority exists to both award and forfeit statutory good time for pretrial detainees. February 18, 1986 Op. Att’y Gen.

A prisoner incarcerated for failure to complete community work service should receive credit for good time during the subsequent incarceration. October 27, 1986 Op. Att’y Gen.

Sec. 33.20.020. Good time. [Repealed, § 21 ch 166 SLA 1978.]

Sec. 33.20.030. Discharge.

A prisoner shall be released at the expiration of the term of sentence less the time deducted for good conduct. A certificate of deduction shall be entered on the commitment by the warden, keeper, or the commissioner.

History. (§ 3 ch 107 SLA 1960)

Sec. 33.20.040. Released prisoner.

1. Except as provided in (c) of this section, a prisoner released under AS 33.20.030 shall be released on mandatory parole to the custody and jurisdiction of the parole board under AS 33.16, until the expiration of the maximum term to which the prisoner was sentenced, if the term or terms of imprisonment are two years or more.  However, a prisoner released on mandatory parole may be discharged under AS 33.16.210 before the expiration of the term. A prisoner who was sentenced to a term or terms of imprisonment of less than two years shall be unconditionally discharged from mandatory parole.
2. This section does not prevent delivery of a prisoner to the authorities of a state or the United States entitled to the custody of the prisoner.
3. If a prisoner’s sentence includes a residual period of probation, the probationary period shall run concurrently with a period of mandatory parole for that sentence and the prisoner shall be under the concurrent jurisdiction of the court and the parole board. Nothing in this section precludes both the court and the parole board from revoking the prisoner’s probation and mandatory parole for the same conduct. A period of imprisonment resulting from the revocation of probation or mandatory parole may be imposed consecutively in the discretion of the court or the parole board.

History. (§ 4 ch 107 SLA 1960; am §§ 3, 4 ch 88 SLA 1985; am §§ 8, 9 ch 77 SLA 1987)

Administrative Code. —

For mandatory parole release and revocation, see 22 AAC 20, art. 7.

Sec. 33.20.050. Forfeiture for offense.

If during the term of imprisonment a prisoner commits an offense or violates the rules of the correctional facility, all or part of the prisoner’s good time may be forfeited under regulations adopted by the commissioner of corrections. The amount of good time forfeited shall be related to the severity of the offense or rule violation.

History. (§ 5 ch 107 SLA 1960; am § 2 ch 11 SLA 1986)

Administrative Code. —

For classification, see 22 AAC 5, art. 4.

For discipline, see 22 AAC 5, art. 6.

Opinions of attorney general. —

Authority exists to both award and forfeit statutory good time for pretrial detainees. February 18, 1986 Op. Att’y Gen.

Sec. 33.20.060. Restoration of forfeited good time.

The commissioner of corrections may restore all or a portion of a prisoner’s forfeited good time, under regulations adopted by the commissioner, if the prisoner demonstrates progress in faithfully observing the rules of the correctional facility in which the prisoner is confined. The amount of forfeited good time restored by the commissioner shall be related to the severity of the offense or rule violation committed by the prisoner and the length of time of good conduct that followed the offense or rule violation.

History. (§ 6 ch 107 SLA 1960; am § 3 ch 11 SLA 1986)

Administrative Code. —

For discipline, see 22 AAC 5, art. 6.

Sec. 33.20.070. Governor may grant pardons, commutations, and reprieves.

The governor may grant pardons, commutations of sentence, and reprieves, and suspend and remit fines and forfeitures in whole or part for offenses against the laws of the State of Alaska or the Territory of Alaska.

History. (§ 1 ch 16 SLA 1961)

Cross references. —

For the constitutional provision on this subject, see Alaska Const., art. III, § 21.

Sec. 33.20.080. Required notices and investigation by the board of parole.

1. The governor may not grant executive clemency to a person unless the governor has first provided notice of consideration of executive clemency to the board of parole for investigation and at least 120 days have elapsed since the notice required under (b) of this section has been provided. The board shall investigate each case and, not later than 120 days after receipt of the notice of consideration, submit to the governor a report of the investigation, together with all other information the board has regarding the person. When the report is submitted, the board shall also transmit to the governor the comments it has received under (b) of this section.
2. The board shall send notice of the governor’s consideration of executive clemency to the Department of Law, the office of victims’ rights, and the victim of a crime against a person, a crime involving domestic violence, or arson in the first degree within five business days after receipt of notice of consideration from the governor. The victim may comment in writing to the board on the consideration for executive clemency. The board shall provide notice of any action taken by the governor to the Department of Law, the office of victims’ rights, and the victim.
3. If the victim’s address is unknown, the board shall make reasonable efforts to locate the victim to provide the notice required under this section. The board shall ensure that the victim’s address is kept confidential.
4. In this section,
   1. “crime against a person” has the meaning given in AS 33.30.901 ;
   2. “crime involving domestic violence” has the meaning given in AS 18.66.990 ;
   3. “victim” has the meaning given in AS 12.55.185 .

History. (§ 2 ch 16 SLA 1961; am §§ 18, 19 ch 59 SLA 1989; am §§ 56, 57 ch 64 SLA 1996; am §§ 1 — 3 ch 1 SLA 2007)

Revisor’s notes. —

Paragraph (d)(2) was enacted as (d)(3). Renumbered in 1996, at which time former (d)(2) was renumbered as (d)(3).

Sec. 33.30.010. Commissioner to control and manage state prison facilities. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.011. Duties of commissioner.

1. The commissioner shall
   1. establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; each correctional facility operated by the state shall be established, maintained, operated, and controlled in a manner that is consistent with AS 33.30.015 ;
   2. classify prisoners;
   3. for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to
      1. protect the public and the victims of crimes committed by prisoners;
      2. maintain health;
      3. create or improve occupational skills;
      4. enhance educational qualifications;
      5. support court-ordered restitution; and
      6. otherwise provide for the rehabilitation and reformation of prisoners, facilitating their reintegration into society;
   4. provide necessary
      1. medical services for prisoners in correctional facilities or who are committed by a court to the custody of the commissioner, including examinations for communicable and infectious diseases;
      2. psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that
         1. a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and
         2. the potential for harm to the prisoner by reason of delay or denial of care is substantial; and
      3. assessment or screening of the risks and needs of offenders who may be vulnerable to harm, exploitation, or recidivism as a result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based disorder;
   5. establish minimum standards for sex offender treatment programs offered to persons who are committed to the custody of the commissioner;
   6. provide for fingerprinting in correctional facilities in accordance with AS 12.80.060 ;
   7. establish a program to conduct assessments of the risks and needs of offenders sentenced to serve a term of incarceration of 90 days or more; the program must include a requirement for an assessment before a prisoner’s release on parole, furlough, or electronic monitoring from a correctional facility;
   8. establish a procedure that provides for each prisoner required to serve an active term of imprisonment of 90 days or more a written case plan that
      1. takes effect and is provided to the prisoner within 90 days after sentencing;
      2. is based on the results of the assessment of the prisoner’s risks and needs under (7) of this subsection;
      3. includes a requirement to follow the rules of the institution;
      4. is modified when necessary for changes in classification, housing status, medical or mental health, and resource availability;
      5. includes participation in programming that addresses the needs identified in the assessment;
   9. establish a program to begin reentry planning with each prisoner serving an active term of imprisonment of 90 days or more; reentry planning must begin at least 90 days before release on furlough or probation or parole; the reentry program must include
      1. a written reentry plan for each prisoner completed upon release on furlough or probation or parole that includes information on the prisoner’s proposed
         1. residence;
         2. employment or alternative means of support;
         3. treatment options;
         4. counseling services;
         5. education or job training services;
      2. any other requirements for successful transition back to the community, including electronic monitoring or furlough for the period between a scheduled parole hearing and parole eligibility;
      3. coordination with the Department of Labor and Workforce Development to provide access, after release, to job training and employment assistance; and
      4. coordination with community reentry coalitions or other providers of reentry services if available;
   10. for offenders under electronic monitoring, establish
       1. minimum standards for electronic monitoring, which may include the requirement of active, real-time monitoring using global positioning systems; and
       2. procedures for oversight and approving electronic monitoring programs and systems provided by private contractors;
   11. assist a prisoner in obtaining a valid state identification card if the prisoner does not have a valid state identification card before the prisoner’s release; the department shall pay the application fee for the identification card;
   12. provide to the legislature, by electronic means, by January 10 preceding the first regular session of each legislature, a report summarizing the findings and results of the program established under (7) of this subsection; the report must include
       1. the number of prisoners who were provided with written case plans under (8) of this subsection;
       2. the number of written case plans under (8) of this subsection initiated within the preceding year; and
       3. the number of written case plans under (8) of this subsection that were updated in the preceding year; and
   13. enter into an agreement with the Department of Health and Social Services, consistent with the provisions of AS 47.12.105 , for the detention and care of a minor who is waived into adult court under AS 47.12.030 or 47.12.100 .
2. In this section, "held under authority of state law" includes the confinement of persons under AS 26.05.

History. (§ 6 ch 88 SLA 1986; am § 11 ch 188 SLA 1990; am § 2 ch 54 SLA 1994; am § 12 ch 70 SLA 1995; am § 4 ch 49 SLA 1997; am § 31 ch 83 SLA 2014; am § 155 ch 36 SLA 2016; am § 5 ch 55 SLA 2016; am § 120 ch 4 FSSLA 2019; am § 14 ch 16 SLA 2021)

Revisor's notes. —

In 2016, in subparagraph (a)(8)(B), “subsection” was substituted for “section” to harmonize the 2016 amendments.

Administrative Code. —

For admission to adult correctional facilities, see 22 AAC 5, art. 1.

For security, see 22 AAC 5, art. 2.

For operations, see 22 AAC 5, art. 3.

For classification, see 22 AAC 5, art. 4.

For programs, see 22 AAC 5, art. 5.

For discipline, see 22 AAC 5, art. 6.

For segregation, see 22 AAC 5, art. 7.

For communications, see 22 AAC 5, art. 8.

For discharge, see 22 AAC 5, art. 9.

For sex offender treatment providers, see 22 AAC 30.

Effect of amendments. —

The 2014 amendment, effective January 1, 2016, added (4)(C) and (7) [now (a)(4)(c) and (a)(7)], and made related changes.

The first 2016 amendment, effective January 1, 2017, in (7) [now (a)(7)], inserted “; the program must include a requirement for an assessment before a prisoner's release on parole, furlough, or electronic monitoring from a correctional facility;” at the end; added (8), (9), (10), and (11) [now (a)(8), (a)(9), (a)(10), and (a)(11)].

The second 2016 amendment, effective August 7, 2016, added (b). Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA 2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

The 2019 amendment, effective July 9, 2019, substituted “90 days” for “30 days” in (a)(7) and in the introductory paragraph of (a)(8), in (a)(7), deleted “and provide to the legislature, by electronic means, by January 15, 2017, and thereafter by January 15, preceding the first regular session of each legislature, a report summarizing the findings and results of the program” following “days or more,” inserted “takes effect and” at the beginning of (a)(8)(A), added (a)(9)(D) and (a)(12), and made related stylistic changes.

The 2021 amendment, effective July 9, 2021, added (a)(13) and made a related change.

Editor's notes. —

Section 142(b), ch. 4, FSSLA 2019, provides that the 2019 amendments of (a) of this section apply “to sentences imposed on or after July 9, 2019, for conduct occurring on or after July 9, 2019.”

Section 57(b), ch. 16, SLA 2021, provides that the 2021 amendment of (a) of this section applies to minors subject to AS 47.12.030(a) , as amended by sec. 22, ch. 16, SLA 2021, and AS 47.12.100 “who are held in a facility operated by the Department of Corrections or a facility operated by the Department of Health and Social Services on or after July 9, 2021.”

Legislative history reports. —

For governor’s transmittal letter for ch. 16, SLA 2021 (HB 105), which amended (a) of this section, see 2021 House Journal 181 — 182.

Opinions of attorney general. —

A prisoner has the right to refuse treatment with antipsychotic drugs unless a licensed physician or psychiatrist, applying accepted medical standards, determines that the prisoner is suffering from an illness, that the prisoner presents a threat of violence to himself or others, and that the administration of antipsychotic drugs will provide effective treatment for the illness and is necessary to alleviate that threat. January 22, 1985 Op. Att’y Gen.

Sec. 33.30.012. Notice of release, parole, community placement, work release placement, furlough, or escape of sex offender or child kidnapper.

1. Within 30 days before release of a sex offender or child kidnapper with a duty to register under AS 12.63, the commissioner shall complete the registration of the sex offender or child kidnapper if the offender or kidnapper has not previously registered. The commissioner shall take the sex offender’s or child kidnapper’s photograph, and determine if legible fingerprints of the sex offender or child kidnapper have been previously provided to the Department of Public Safety; if legible fingerprints for the sex offense or child kidnapping have not previously been provided to the Department of Public Safety, the commissioner shall obtain the sex offender’s or child kidnapper’s fingerprints in the manner required by the Department of Public Safety and shall immediately forward the fingerprints to the department. When completing the registration or taking the photograph under this subsection, the commissioner shall also send written notice of release, parole, community placement, work release placement, or furlough of a sex offender or child kidnapper to
   1. the chief of police of the community, if any, in which the inmate will reside;
   2. the Alaska state trooper post located nearest to where the inmate will reside;
   3. the village public safety officer of the rural community without a municipal police department or Alaska state trooper post in which the inmate will reside; and
   4. the central registry of sex offenders and child kidnappers.
2. If an inmate convicted of a sex offense or child kidnapping escapes from a correctional facility, the commissioner shall immediately notify the Department of Public Safety and the chief of police of the community and the Alaska state trooper post located closest to where the inmate resided immediately before the inmate’s arrest and conviction.

History. (§ 7 ch 41 SLA 1994; am § 21 ch 106 SLA 1998)

Sec. 33.30.013. Commissioner to notify victims.

1. The commissioner shall notify the victim if the offender
   1. escapes from custody;
   2. is discharged from parole under AS 33.16; or
   3. is released to the community on a furlough, on an early release program, or for any other reason.
2. The commissioner is required to give notice of a change in the status of an offender under this section only if the victim has requested notice of the change, except that the commissioner is required to give notice, mailed to the last known address of the victim, in every case of a crime involving domestic violence.
3. A victim who has requested notice under (b) of this section shall maintain a current, valid mailing address on file with the commissioner. The commissioner shall send the notice from the department required by this section to the victim’s last known address. The victim’s address may not be disclosed to the offender or the offender’s attorney.
4. The state may not be held liable in damages for the failure of the commissioner to comply with the requirements of this section.
5. As part of the notice under this section, the commissioner shall send the victim a photograph of the offender if the victim has specifically requested in writing that a photograph be sent. The photograph must have been taken within three weeks of the offender’s release or, if the offender escapes from custody, must be the most recent photograph in the commissioner’s possession. The photograph is for the victim’s personal use, and the victim may not make copies of the photograph for distribution to others. An offender who is released under (a) of this section shall be notified that a photograph has been sent to the victim under this subsection.
6. The commissioner’s duty under (a) — (c) of this section to notify a victim of a change in the status of an offender is satisfied by the notice provided by an automated victim notification system established under AS 12.61.050 .

History. (§ 20 ch 59 SLA 1989; am §§ 14, 15 ch 57 SLA 1991; am § 58 ch 64 SLA 1996; am § 2 ch 73 SLA 1997; am § 156 ch 36 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, designated portions of (a) as (a)(1) and (a)(3), added (a)(2).

Sec. 33.30.015. Living conditions for prisoners.

1. The commissioner may not
   1. make per capita expenditures for food for prisoners in a state correctional facility operated by the state that exceed 90 percent of per capita expenditures for food that is available to enlisted personnel in the United States Army stationed in the state;
   2. provide, in a state correctional facility operated by the state,
      1. living quarters for a prisoner into which the view is obstructed; however, the commissioner is not required to renovate a facility to comply with this subparagraph if the facility is being used as a correctional facility on August 27, 1997, or if the facility was already built before being acquired by the department;
      2. equipment or facilities for publishing or broadcasting material the content of which is not subject to prior approval by the department as consistent with keeping order in the institution and prisoner discipline;
      3. cable television service other than a level of basic cable television service that is available as a substitute for services that are broadcast to the public in the community in which a correctional facility is located;
   3. allow a prisoner held in a state correctional facility operated by the state to
      1. possess in the prisoner’s cell a cassette tape player or recorder, a video cassette recorder (VCR), or a computer or modem of any kind;
      2. view movies rated “R,” “X,” or “NC-17”;
      3. possess printed or photographic material that
         1. is obscene as defined by the commissioner in regulation;
         2. could reasonably be expected to incite racial, ethnic, or religious hatred that is detrimental to the security, good order, or discipline of the institution or violence;
         3. could reasonably be expected to aid in an escape or in the theft or destruction of property;
         4. describes procedures for brewing alcoholic beverages or for manufacturing controlled substances, weapons, or explosives; or
         5. could reasonably be expected to facilitate criminal activity or a violation of institution rules;
      4. receive instruction in person, or by broadcast medium, or engage in boxing, wrestling, judo, karate, or other martial art or in any activity that, in the commissioner’s discretion, would facilitate violent behavior;
      5. possess or have access to equipment for use in the activities listed in (D) of this paragraph;
      6. possess or have access to free weights;
      7. possess in the prisoner’s cell a coffee pot, hot plate, appliance or heating element for food preparation, or more than three electrical appliances of any kind;
      8. possess or appear in a state of dress, hygiene, grooming, or appearance other than as permitted as uniform or standard in the correctional facility;
      9. use a computer other than those approved by the correctional facility; the use of a computer under this subparagraph may be approved only as part of the prisoner’s employment, education, or vocational training and may not be used for any other purpose;
      10. smoke or use tobacco products of any kind.
2. The commissioner may determine whether the provisions of (a) of this section shall apply to correctional facilities that are not operated by the state and may negotiate with a provider of services for the detention and confinement of persons held under authority of state law under contract or agreement whether the living conditions set out in (a) of this section shall apply to persons held under authority of state law at a facility operated under contract or agreement.
3. On and after January 1, 1998, the commissioner may not allow a prisoner to possess a television in the prisoner’s cell if the prisoner is classified as maximum custody under AS 33.30.011(a)(2) .
4. The commissioner may allow a prisoner who, under AS 33.30.011(a)(2) , has been classified as other than maximum custody to possess a television in the prisoner’s cell only if the prisoner
   1. either is incapable of obtaining or has attained a high school diploma or general education development diploma or the equivalent;
   2. is actively engaged in an educational, vocational training, or employment program;
   3. has satisfied or is on a regular and current payment schedule for all restitution orders entered by the court as part of the prisoner’s sentence and, if applicable, is actively engaged in a treatment plan or counseling, psychiatric, or rehabilitation program ordered by the court or the department as part of the prisoner’s sentence; and
   4. pays for the expense of providing the television and, in addition to the utility service fee required by AS 33.30.017 , pays for the expense of providing any cable television service.
5. The commissioner shall use
   1. appropriate technology to screen programs received by prisoners under (d) of this section;
   2. Alaska farm products and salmon to the greatest extent practicable for food for prisoners in a state correctional facility operated by the state.

History. (§ 5 ch 49 SLA 1997; am § 48 ch 41 SLA 2009)

Revisor's notes. —

In 2016, in subsections (c) and (d), "AS 33.30.011(a)(2) " was substituted for "AS 33.30.011 (2)" to reflect the addition of AS 33.30.011(b) .

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in the introductory language of (a), substituted “The” for “On and after August 27, 1999, the”.

Sec. 33.30.017. Fees for utilities services for prisoners.

1. The commissioner shall establish a reasonable utility fee for electrical utilities that are used by prisoners who are confined in a state correctional facility.
2. The commissioner shall
   1. charge each prisoner who possesses at least one major electrical appliance the utility fee established in (a) of this section; the commissioner may deduct the utility fee monthly from the account established for a prisoner into which money due the prisoner for labor is paid; if a prisoner is indigent, the commissioner shall make the deduction from any amount credited to the indigent inmate’s account;
   2. if available from legislative appropriation, expend money deducted and collected under (1) of this subsection to offset the cost of the department’s utility expenses; the commissioner shall annually report on the amounts that are collected and expended under this paragraph.
3. The provisions of (b) of this section do not apply to prisoners
   1. who are
      1. developmentally disabled; or
      2. severely medically or cognitively disabled, as that term is defined in AS 33.16.900 ;
   2. who are housed in a mental health unit or psychiatric unit of a state correctional facility; or
   3. while placed in a state correctional facility awaiting classification under classification procedures for the purpose of making the appropriate assignment of the prisoner.

History. (§ 5 ch 49 SLA 1997; am § 7 ch 25 SLA 2003)

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Sec. 33.30.020. Commissioner to establish and administer prison facilities. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.021. Regulations.

The commissioner shall adopt regulations to implement this chapter.

History. (§ 6 ch 88 SLA 1986)

Cross references. —

For regulations adopted under this section, see generally 22 AAC 05.

Administrative Code. —

For admission to adult correctional facilities, see 22 AAC 5, art. 1.

For security, see 22 AAC 5, art. 2.

For operations, see 22 AAC 5, art. 3.

For classification, see 22 AAC 5, art. 4.

For programs, see 22 AAC 5, art. 5.

For discipline, see 22 AAC 5, art. 6.

For segregation, see 22 AAC 5, art. 7.

For communications, see 22 AAC 5, art. 8.

For discharge, see 22 AAC 5, art. 9.

For sex offender treatment providers, see 22 AAC 30.

Sec. 33.30.025. Siting of prison facilities.

The commissioner shall notify each community council established by municipal charter or ordinance of the department’s plans to locate a prison facility or to contract for the operation of a prison facility, community residential facility, or other rehabilitation program if the facility or proposed facility will be within one-half mile of the boundary of the area represented by a community council.

History. (§ 4 ch 100 SLA 1988)

Sec. 33.30.026. Procurement Code applicable to contracts.

Contracting for services under this chapter is governed by AS 36.30 (State Procurement Code).

History. (§ 54 ch 14 SLA 1987)

Sec. 33.30.028. Responsibility for costs of medical care.

1. Notwithstanding any other provision of law, the liability for payment of the costs of medical, psychological, and psychiatric care provided or made available to a prisoner committed to the custody of the commissioner is, subject to (b) of this section, the responsibility of the prisoner and the
   1. prisoner’s insurer if the prisoner is insured under existing individual health insurance, group health insurance, or any prepaid medical coverage;
   2. Department of Health and Social Services if the prisoner is eligible for assistance under AS 47.07 or AS 47.25.120 — 47.25.300 ;
   3. United States Department of Veterans Affairs if the prisoner is eligible for veterans’ benefits that entitle the prisoner to reimbursement for the medical care or medical services;
   4. United States Public Health Service, the Indian Health Service, or any affiliated group or agency if the prisoner is a Native American and is entitled to medical care from those agencies or groups; and
   5. parent or guardian of the prisoner if the prisoner is under the age of 18.
2. The commissioner shall require prisoners who are without resources under (a) of this section to pay the costs of medical, psychological, and psychiatric care provided to them by the department. At a minimum, the prisoner shall be required to pay a portion of the costs based upon the prisoner’s ability to pay.
3. The commissioner shall apply for medical assistance under AS 47.07 and for general relief assistance under AS 47.25.120 - 47.25.300 on behalf of a prisoner incarcerated in a correctional facility to establish medical assistance coverage or general relief assistance for the prisoner during a period of hospitalization outside of the correctional facility.
4. The commissioner may obtain information necessary to determine whether a prisoner incarcerated in a correctional facility is eligible for medical assistance under AS 47.07 or public assistance under AS 47.25. Information obtained under this subsection may be used only for the purpose of applying for medical assistance or public assistance under (c) of this section and may not be disclosed for any other purpose without the permission of the prisoner. An employee of the commissioner who discloses a prisoner’s social security number in an application for medical assistance or public assistance under this section is considered to be acting in the performance of the employee’s duties or responsibilities under AS 45.48.400(b) .

History. (§ 13 ch 70 SLA 1995; am § 38 ch 30 SLA 1996; am § 35 ch 25 SLA 2016)

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Effect of amendments. —

The 2016 amendment, effective September 19, 2016, added (c) and (d).

Sec. 33.30.030. Commissioner to adopt regulations. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.031. Contracts for confinement and care of prisoners.

1. The commissioner shall determine the availability of state correctional facilities suitable for the detention and confinement of persons held under authority of state law or under agreement entered into under (e) of this section. If the commissioner determines that suitable state correctional facilities are not available, the commissioner may enter into an agreement with a public or private agency to provide necessary facilities. Correctional facilities provided through agreement with a public agency for the detention and confinement of persons held under authority of state law may be in this state or in another state. Correctional facilities provided through agreement with a private agency must be located in this state unless the commissioner finds in writing that (1) there is no other reasonable alternative for detention in the state; and (2) the agreement is necessary because of health or security considerations involving a particular prisoner or class of prisoners, or because an emergency of prisoner overcrowding is imminent. The commissioner may not enter into an agreement with an agency unable to provide a degree of custody, care, and discipline similar to that required by the laws of this state.
2. [Repealed, § 37 ch 2 FSSLA 1992.]
3. Notwithstanding AS 36.30.300 , an agreement with a private agency to provide necessary facilities under (a) of this section must be based on competitive bids.
4. A person employed outside the facility while confined in a privately operated correctional facility established under (a) of this section is subject to the provisions of AS 33.30.131 .
5. The commissioner may enter into an agreement with the United States, another state, a municipality of this state, or another state agency, to provide a correctional facility for the custody, care, and discipline of a person held under authority of the law of that jurisdiction.

History. (§ 6 ch 88 SLA 1986; am § 49 ch 138 SLA 1986; am § 55 ch 14 SLA 1987; am § 14 ch 90 SLA 1991; am §§ 5, 37 ch 2 FSSLA 1992)

Cross references. —

For interstate compacts concerning the confinement of inmates, see AS 33.36.

Administrative Code. —

For classification, see 22 AAC 5, art. 4.

For programs, see 22 AAC 5, art. 5.

Opinions of attorney general. —

On September 4, 1986, the commissioner of corrections obtained authority to contract for the placement of prisoners found guilty but not mentally ill into privately operated treatment facilities. July 8, 1986 Op. Att’y Gen.

Sec. 33.30.035. Notice to sex offenders or child kidnappers of registration and other requirements.

The department shall provide written notice to a sex offender or child kidnapper of the registration, verification, and change of address requirements of AS 12.63.010 and shall obtain a written receipt of notice from the sex offender or child kidnapper (1) at the time of the sex offender’s or child kidnapper’s release from a state correctional facility; (2) immediately after taking supervision of a sex offender or child kidnapper under the Interstate Corrections Compact or AS 33.36.110 . The department shall forward the written receipt to the Department of Public Safety, along with a description of any identifying features of the offender or kidnapper, the anticipated address of the offender or kidnapper, and a statement concerning whether the offender or kidnapper has received treatment for the offender’s or kidnapper’s mental abnormality or personality disorder related to the sex offense or child kidnapping. In this section, “sex offense” and “child kidnapping” have the meanings given in AS 12.63.100 .

History. (§ 8 ch 41 SLA 1994; am § 22 ch 106 SLA 1998)

Sec. 33.30.040. Duty of commissioner to provide prison facilities. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.041. Lease of correctional facility to municipality.

1. If the commissioner determines that it would be in the best interest of the state, the commissioner may enter into an agreement with a municipality of the state for the lease of a state correctional facility or for the use and operation of a state correctional facility for the joint benefit of the municipality and the state.
2. An agreement executed by the commissioner under (a) of this section must provide that
   1. the state has the right to detain or confine a prisoner held under authority of law in the correctional facility;
   2. the administrator of the correctional facility agrees to implement an order, concerning a prisoner, issued by a court of the state;
   3. the administrator of the correctional facility shall comply with the law, and regulations adopted by the commissioner, relating to the custody, care, and discipline of a prisoner detained or confined in the correctional facility; and
   4. the commissioner may inspect the correctional facility at any time to determine the conditions under which a prisoner is detained or confined.
3. The agreement executed by the commissioner under (a) of this section may require the administrator of the correctional facility to comply with requirements that the commissioner considers necessary for the protection of the public or for the quality of care and programs for prisoners required by this chapter and regulations adopted by the commissioner.

History. (§ 6 ch 88 SLA 1986)

Sec. 33.30.050. Commissioner to provide medical services. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.051. Commitment to commissioner.

1. A person convicted of an offense against the state shall be committed to the custody of the commissioner for the term of imprisonment that the court directs.
2. A person restrained under AS 26.05.400 or convicted of an offense by court-martial under AS 26.05 and confined under AS 26.05.405 shall be committed to the custody of the commissioner for the period of restraint or confinement as directed by the adjutant general.

History. (§ 6 ch 88 SLA 1986; am § 6 ch 55 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective August 7, 2016, added (b). Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA 2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

Sec. 33.30.055. Contraband articles into or out of prisons prohibited. [Repealed, § 21 ch 166 SLA 1978. For current law, see AS 11.56.375 and 11.56.380.]

Sec. 33.30.060. Commissioner may contract for confinement and care of prisoners. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.061. Commissioner to designate facility.

1. The commissioner shall designate the correctional facility to which a prisoner is to be committed to serve a term of imprisonment or period of temporary commitment. The commissioner may designate a facility without regard to whether it is maintained by the state, is located within the judicial district in which the prisoner was convicted, or is located in the state.
2. The commissioner may designate an out-of-state facility under this section only if the commissioner determines that rehabilitation or treatment of the prisoner will not be substantially impaired.
3. The commissioner may, under AS 33.30.065 , designate a prisoner to serve the prisoner’s term of imprisonment or period of temporary commitment, or a part of the term or period, by electronic monitoring. A prisoner serving a term of imprisonment, or a period of temporary commitment, for a crime involving domestic violence is not eligible for electronic monitoring.
4. A prisoner serving a term of imprisonment at a private residence as required by statute when electronic monitoring is not available does not have a liberty interest in that status. The commissioner may return the prisoner to a correctional facility if the commissioner finds that the prisoner has violated the terms and conditions of the imprisonment at the private residence.

History. (§ 6 ch 88 SLA 1986; am § 4 ch 116 SLA 1998; am § 64 ch 1 4SSLA 2017)

Administrative Code. —

For classification, see 22 AAC 5, art. 4.

Effect of amendments. —

The 2017 amendment, effective November 27, 2017, added (d).

Sec. 33.30.062. Contracts with privately operated facilities. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.065. Service of sentence by electronic monitoring.

1. If the commissioner designates a prisoner to serve the prisoner’s term of imprisonment or period of temporary commitment, or a part of the term or period, by electronic monitoring, the commissioner shall direct the prisoner to serve the term or period at the prisoner’s residence or other place selected by the commissioner. The electronic monitoring shall be administered by the department or by a private contractor approved by the department under AS 33.30.011(a)(10)(B) and shall be designed so that any attempt to remove, tamper with, or disable the monitoring equipment or to leave the place selected for the service of the term or period will result in a report or notice to the department.
2. In determining whether to designate a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring, the commissioner shall consider
   1. safeguards to the public;
   2. the prospects for the prisoner’s rehabilitation;
   3. the availability of program and facility space;
   4. the nature and circumstances of the offense for which the prisoner was sentenced or for which the prisoner is serving a period of temporary commitment;
   5. the needs of the prisoner as determined by a classification committee and any recommendations made by the sentencing court;
   6. the record of convictions of the prisoner, with particular emphasis on crimes specified in AS 11.41 or crimes involving domestic violence;
   7. the use of drugs or alcohol by the prisoner; and
   8. other criteria considered appropriate by the commissioner.
3. A decision by the commissioner to designate a prisoner to serve a term of imprisonment or a period of temporary confinement, or a part of the term or period, by electronic monitoring does not create a liberty interest in that status for the prisoner. The prisoner may be returned to a correctional facility at the discretion of the commissioner.
4. The commissioner may require a prisoner designated to serve a term of imprisonment or a period of temporary confinement by electronic monitoring to pay all or a portion of the costs of the electronic monitoring, but only if the prisoner has sufficient financial resources to pay the costs or a portion of the costs.

History. (§ 5 ch 116 SLA 1998; am § 157 ch 36 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (a), inserted “or by a private contractor approved by the department under AS 33.30.011(a)(10)(B) ” preceding “and shall be designed”.

Sec. 33.30.070. Contracts with privately operated facilities. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.071. Responsibility for prisoners pending commitment.

1. The commissioner is not responsible for providing custody, care, and discipline for a person detained under AS 47.30.705 or AS 47.37.170 unless the person is admitted into a state correctional facility.
2. The responsibility of the commissioner under AS 33.30.011 begins when a prisoner is accepted into the commissioner’s custody or admitted into a correctional facility.
3. Medical services for a prisoner who is unconscious or in immediate need of medical attention before admission to a correctional facility or commitment by a court to the custody of the commissioner of corrections shall be provided by the law enforcement agency having custody of the prisoner. The law enforcement agency may require the prisoner to compensate the agency for the cost or for a portion of the cost of medical services provided for any preexisting medical condition.

History. (§ 6 ch 88 SLA 1986; am § 14 ch 70 SLA 1995; am §§ 1, 2 ch 92 SLA 1995; am § 6 ch 49 SLA 1997)

Revisor’s notes. —

Section 14, ch. 70, SLA 1995, effective September 3, 1995, added a cross-reference to AS 33.30.028 to the former second sentence of subsection (a). However, since § 1, ch. 92, SLA 1995, had deleted that second sentence, effective July 1, 1995, the amendment made by § 14, ch. 70, SLA 1995 was not given effect.

Administrative Code. —

For emergency guards, see 13 AAC 62.

For admission to adult correctional facilities, see 22 AAC 5, art. 1.

Sec. 33.30.080. Commissioner may lease state prison facility to political subdivision. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.081. Transportation of prisoners.

1. The commissioner of public safety is responsible for transporting a prisoner to and from the court having jurisdiction over the prisoner and for delivering a prisoner to a correctional facility upon temporary or final commitment by a court or upon transfer of a prisoner from one correctional facility to another either inside or outside the state.
2. The commissioner of corrections shall make available return transportation to the place of arrest for a prisoner who is released from custody in a state correctional facility.
3. The commissioner of public safety shall make available return transportation to the place of arrest for a prisoner who is released from custody before admission to a state correctional facility.
4. The commissioner of corrections shall adopt regulations governing the furnishing of transportation, discharge payments, and clothing to prisoners upon release from a state correctional facility at any stage of a criminal proceeding.
5. Except as provided in (f) of this section or as necessary in a criminal action pending against the prisoner, a court may not order the transportation of a prisoner.
6. A court may order a prisoner who is a party or witness to a civil action or a witness to a criminal action to appear at a place other than within a correctional facility only if the court determines, after providing a reasonable opportunity for the commissioner to comment, that the prisoner’s personal appearance is essential to the just disposition of the action. In making its determination, the court shall consider available alternatives to the prisoner’s personal appearance including deposition and telephone testimony.
7. Except as provided in (h) of this section, the expenses associated with the transportation of a prisoner ordered under (f) of this section, including the costs of travel for the prisoner and escorting officers, and the salary and per diem costs of the escorting officers, shall be borne by the party who has requested the prisoner’s appearance, and shall be paid to the commissioner of public safety before the prisoner is transported.
8. A prisoner who is a party to a civil action is not required to bear the full costs of a prisoner’s own transportation under (g) of this section if the court determines that the prisoner is indigent. In these cases, the court may require the prisoner to bear a portion of the costs, and the commissioner of public safety shall bear the remaining costs of transporting the prisoner. If an indigent prisoner recovers a money judgment, the court may require the prisoner to bear all or part of the expenses required under (g) of this section.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For discharge, see 22 AAC 5, art. 9.

Sec. 33.30.090. Commitment to commissioner. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.091. Designation of programs.

Except as provided in AS 33.30.111 and 33.30.161 , the commissioner may assign a prisoner committed to the commissioner’s custody to a program established under AS 33.30.011(a)(3) considering

1. safeguards to the public;
2. the prospects for the prisoner’s rehabilitation;
3. the availability of program and facility space;
4. the prospect of future judicial proceedings requiring the presence of the prisoner;
5. the nature and circumstances of the offense for which the prisoner was sentenced;
6. the needs of the prisoner as determined by a classification committee and any recommendations made by the sentencing court;
7. the record of convictions of the prisoner with particular emphasis on crimes specified in AS 11.41;
8. the use of drugs or alcohol by the prisoner;
9. the length of the prisoner’s sentence; and
10. other criteria considered appropriate by the commissioner, including experimental evaluation of correctional programs that are consistent with protection of the public and reformation of the prisoner.

History. (§ 6 ch 88 SLA 1986)

Revisor's notes. —

In 2016, “AS 33.30.011 (a)(3)” was substituted for “AS 33.30.011 (3)” to reflect the addition of AS 33.30.011(b) .

Sec. 33.30.095. Duties of commissioner before release of prisoner.

1. The commissioner shall establish a program to prepare a prisoner who is serving a sentence of imprisonment exceeding one year for the prisoner’s discharge, release on parole or probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the date of the prisoner’s discharge, release, or furlough.
2. The program established under (a) of this section must include
   1. instruction on
      1. obtaining state identification;
      2. community resources available for housing, employment, and treatment;
   2. an individualized reentry plan under AS 33.30.011(a)(9) for the prisoner;
   3. probation and parole orientation, if appropriate; and
   4. a partnership with one or more nonprofit organizations to allow access to a prisoner before the prisoner’s discharge, release, or furlough to assist the prisoner with the prisoner’s application for Medicaid, social security benefits, public assistance under AS 47.25, and a state identification card or driver’s license and provide other programs to assist the prisoner’s transition into the community, promote rehabilitation, and reduce recidivism.

History. (§ 158 ch 36 SLA 2016)

Effective dates. —

Section 190, ch. 36, SLA 2016 made this section effective January 1, 2017.

Sec. 33.30.100. Commissioner to designate facility. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.101. Furloughs.

1. The commissioner shall adopt regulations governing the granting of prerelease and short-duration furloughs to prisoners
   1. to obtain counseling and treatment for alcohol or drug abuse;
   2. to secure or attend vocational training;
   3. to obtain medical or psychiatric treatment;
   4. to secure or engage in employment;
   5. to attend educational institutions;
   6. to secure a residence or make other preparations for release;
   7. to appear before a group whose purpose is a better understanding of crime or corrections; or
   8. for any other rehabilitative purpose the commissioner determines to be in the interests of the prisoner and the public.
2. If the commissioner determines with reasonable probability that a prisoner can live under reduced supervision without violating the law or the conditions established for the conduct of the prisoner, the commissioner may grant a furlough after considering
   1. the factors in AS 33.30.091 ;
   2. violations, if any, by the prisoner of a condition of a prior furlough;
   3. the history, if any, of institutional misconduct by the prisoner; and
   4. the best interests of the prisoner and the public.
3. The regulations adopted under (a) of this section may not provide for the granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term of imprisonment under AS 12.55.125(a) or a definite term of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct custody of a correctional officer while the prisoner is away from the correctional facility.
4. The commissioner may release on furlough a prisoner convicted of a crime involving domestic violence only under conditions that would protect the victim of domestic violence or other household member.

History. (§ 6 ch 88 SLA 1986; am § 16 ch 7 SLA 1996; am § 59 ch 64 SLA 1996)

Revisor’s notes. —

Subsection (d) was enacted as (c). Relettered in 1996. In 2008, in subsection (a), “to” was moved from the end of the introductory language to follow each of paragraphs (a)(1) — (7) to maintain the grammatical structure.

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Sec. 33.30.110. Commissioner may designate facility for service of temporary commitments or sentences of one year or less. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.111. Prerelease furloughs.

1. Furlough programs established under AS 33.30.101 must include prerelease furloughs designed to facilitate the reintegration of a prisoner into society.
2. A facility that is specifically adapted to provide a residence outside prison, including a halfway house, group home, or other placement that provides varying levels of restriction and supervision, may be used for a prisoner on a prerelease furlough.
3. The restrictions and supervision required for a prerelease furlough shall provide safeguards that minimize risk to the public and include, as a minimum,
   1. frequent contact with the prisoner by persons supervising the prisoner;
   2. knowledge by supervisory staff of the location of the prisoner;
   3. periodic reports by supervisory staff to the commissioner on the performance of the prisoner while on furlough; and
   4. a residential setting in which persons supervising a prisoner are obliged to immediately report to the commissioner any violation of a condition set for the prisoner’s conduct.
4. Notwithstanding AS 33.30.101(b) , and other eligibility criteria established by the commissioner that relate to risks to the public posed by the proposed furlough of a prisoner,
   1. a prisoner sentenced to a definite term of imprisonment of more than one year but less than five years is not eligible for a prerelease furlough until the prisoner has served at least one-third of the sentence; and
   2. a prisoner sentenced to a definite term of imprisonment of five years or more is not eligible for a prerelease furlough until the prisoner has served at least one-third of the sentence or is within three years of the release date, whichever is later.
5. A prisoner may request a prerelease furlough under procedures adopted by the commissioner. If the commissioner denies a request for a prerelease furlough, the commissioner shall provide the prisoner with a written explanation of the reasons for the denial.
6. Except as provided in (g) of this section, if the commissioner considers a prisoner convicted of a crime against a person or arson in the first degree for a prerelease furlough and the victim has requested notice under AS 33.30.013 , the commissioner shall send notice of intent to consider the prisoner for a prerelease furlough to the victim. The victim may comment in writing on the commissioner’s intent to release the prisoner on a prerelease furlough status. The commissioner shall consider the victim’s comments before making a final decision to release a prisoner on a prerelease furlough status. The commissioner shall make a reasonable effort to notify the victim of an intent to release the prisoner on a prerelease furlough. The notice must contain the expected date of the prisoner’s release, the geographic area in which the prisoner will reside, and other pertinent information concerning the prisoner’s release that may affect the victim.
7. If the commissioner considers a prisoner convicted of a crime involving domestic violence for a prerelease furlough, the commissioner shall send notice of intent to consider the prisoner for prerelease furlough to the last known address of the victim. The victim may comment in writing on the commissioner’s intention to release the prisoner on a prerelease furlough. The commissioner shall consider the victim’s comments, if any, before making a final decision to release the prisoner on a prerelease furlough. The commissioner shall make a reasonable effort to notify the victim of any decision to release the prisoner on the prerelease furlough. The notice must include the expected date of the furlough and any other information concerning the furlough that may affect the victim. A person may not bring a civil action for damages for a failure to comply with the provisions of this subsection.

History. (§ 6 ch 88 SLA 1986; am § 21 ch 59 SLA 1989; am §§ 60, 61 ch 64 SLA 1996)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Sec. 33.30.120. Transfer of prisoners. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.121. Short-duration furloughs.

1. A short-duration furlough is an authorized leave of absence from a correctional facility for a period not to exceed 12 hours at any one time, except for
   1. family visitations, that may not exceed one week or occur more frequently than once in each four-month period; or
   2. medical treatment, for which the furlough may not last longer than necessary for the treatment.
2. A short-duration furlough may be granted to a prisoner at any time under regulations adopted by the commissioner.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Opinions of attorney general. —

On September 4, 1986, the commissioner of corrections obtained authority to contract for the placement of prisoners found guilty but not mentally ill into privately operated treatment facilities. July 8, 1986 Op. Att’y Gen.

Sec. 33.30.130. Duty of the commissioner of public safety to provide for persons pending commitment. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.131. Prerelease or short duration furlough or correctional restitution center placement involving employment.

1. The commissioner may grant a prerelease or short-duration furlough to permit a prisoner to participate in suitable employment under conditions and at wages that represent the prevailing standard for the area. A prisoner may not participate in employment where an organized labor dispute is in progress.
2. Unless alternative arrangements are expressly approved by the commissioner, when a prisoner is employed outside a correctional facility as part of a prerelease or short-duration furlough program, or as part of serving time in a correctional restitution center under AS 33.30.151 — 33.30.181 , the earnings of the prisoner shall be delivered to the commissioner. If an employer transmits the earnings to the commissioner, the employer has no liability to the prisoner for the earnings. The commissioner shall disburse the earnings of the prisoner, in an order determined appropriate, under procedures adopted by the commissioner to
   1. pay for the room, board, and personal expenses of the prisoner in an amount or at a rate determined by the commissioner;
   2. pay any restitution or fine ordered by the sentencing court;
   3. reimburse the state for an award made for violent crimes compensation under AS 18.67 arising out of the criminal conduct of the prisoner;
   4. pay a civil judgment arising out of the criminal conduct of the prisoner; and
   5. support the dependents of the prisoner, and to provide child support payments as required by AS 25.27.
3. After making the disbursements authorized under (b) of this section, the commissioner shall retain the balance remaining in the account of the prisoner and give it to the prisoner upon release. The commissioner may permit the prisoner to draw upon a portion of this money for other purposes that the commissioner considers appropriate.
4. Only the earnings retained by the commissioner under (c) of this section are subject to lien, attachment, garnishment, execution, or other proceedings to encumber money or property.

History. (§ 6 ch 88 SLA 1986; am § 32 ch 7 FSSLA 1994)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Sec. 33.30.140. Place of service of sentence by prisoner. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.141. Effect of violation of furlough conditions or failure to return.

1. If, after a hearing, a prisoner on a furlough is found to have violated the conditions established for the prisoner’s conduct, the commissioner may immediately require the return of the prisoner to actual confinement for a period not to exceed the balance of the term of imprisonment or initiate disciplinary proceedings authorized by regulations adopted by the commissioner or both.
2. The failure of a prisoner on a furlough to return to the place of confinement or residence within the time specified by those having direct supervision over the prisoner is an unlawful evasion under AS 11.56.335 or 11.56.340 .

History. (§ 6 ch 88 SLA 1986; am § 5 ch 51 SLA 1995; am § 7 ch 57 SLA 2006)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Sec. 33.30.150. Visitation privileges. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.151. Correctional restitution centers.

1. The commissioner shall establish correctional restitution centers in the state. The purpose of the centers is to provide certain offenders with rehabilitation through comprehensive treatment for substance abuse, cognitive behavioral disorders, and other criminal risk factors, including aftercare support, community service, and employment, while protecting the community through partial incarceration of the offender, and to create a means to provide restitution to victims of crimes.
2. The commissioner shall adopt regulations setting standards for the operation of the centers including
   1. requirements that the centers be secure and in compliance with state and local safety laws;
   2. standards for disciplinary rules to be imposed on prisoners confined to the centers;
   3. standards for the granting of emergency absence to prisoners confined to the centers;
   4. standards for classifying prisoners to centers;
   5. standards for mandatory employment and participation in community service programs in each center;
   6. standards for periodic review of the performance of prisoners confined to the centers and quality assurance measures to ensure centers are meeting state standards and contractual obligations;
   7. standards for the provision of treatment, including substance abuse treatment, cognitive behavioral therapy, and aftercare designed to address an offender’s individual criminogenic needs; and
   8. standards and a process to assess an offender’s risk of recidivating and the criminal risk factors and needs that reduce the risk of recidivating and ensure that
      1. high risk offenders with moderate to high needs are a priority for acceptance into a correctional restitution center; and
      2. centers establish internal procedures to limit the mixing of low and high risk prisoners.

History. (§ 6 ch 88 SLA 1986; am § 1 ch 82 SLA 1988; am § 159 ch 36 SLA 2016)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Effect of amendments. —

The 2016 amendment, effective July 1, 2017, in (a), in the introductory language, inserted “comprehensive treatment for substance abuse, cognitive behavioral disorders, and other criminal risk factors, including aftercare support,” following “rehabilitation through”, added “and quality assurance measures to ensure centers are meeting state standards and contractual obligations;” to the end of (b)(6); added (b)(7) and (8); and made a related change.

Sec. 33.30.160. Transportation of prisoners. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.161. Eligibility to serve time in a correctional restitution center.

1. The commissioner may not allow a prisoner to serve time in a correctional restitution center unless the commissioner specifically finds that the prisoner meets the eligibility requirements of this section.
2. To be eligible to serve time in a correctional restitution center, the prisoner
   1. must be employable or eligible to work on community service projects approved by the commissioner and agree to secure employment or participate in community service projects and obey the rules of the center;
   2. may not be serving a sentence for conviction of an offense
      1. involving violence or the use of force;
      2. under AS 11.41.320 , 11.41.330 , or AS 11.56.740 ;
   3. may not have been convicted of a felony offense, in the state or another jurisdiction, involving violence or the use of force;
   4. may not have been convicted of an offense under AS 11.41.410 — 11.41.470 or an offense in the state or another jurisdiction having elements substantially identical to an offense under AS 11.41.410 — 11.41.470 ; and
   5. may not have been sentenced to a
      1. mandatory 99-year term of imprisonment under AS 12.55.125(a) ; or
      2. definite term of imprisonment under AS 12.55.125(l) .
3. Unless the commissioner determines otherwise for good cause shown, a person sentenced to less than five days who is serving time in a correctional restitution center shall participate in a community service project when available.
4. In (b) of this section,
   1. “force” has the meaning given in AS 11.81.900(b) ;
   2. “violence or the use of force” includes possession of a firearm, as defined in AS 11.81.900(b) , in the commission of an offense, whether or not the firearm was actually used.

History. (§ 6 ch 88 SLA 1986; am §§ 2, 3 ch 82 SLA 1988; am § 13 ch 64 SLA 1991; am § 17 ch 7 SLA 1996)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Sec. 33.30.170. Expenses of prisoners to be paid by the department. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.171. Community advisory committees.

The commissioner shall appoint a community advisory committee for each center, to consist of five members of the community in which the center is located. The committee shall act as a liaison between the community and the department regarding community concerns with the center.

History. (§ 6 ch 88 SLA 1986)

Sec. 33.30.180. Copy of commitment. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.181. Confinement to the center.

1. A prisoner shall be confined to the center at all times except while
   1. at work and traveling to and from work;
   2. at and traveling to and from a community service project approved by the commissioner;
   3. on emergency absence;
   4. at and traveling to and from a job interview; or
   5. on a furlough approved by the commissioner.
2. Except for an emergency absence or furlough, a prisoner may not be absent from a center under this section for more than 12 hours in a 24-hour period.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For programs, see 22 AAC 5, art. 5.

Secs. 33.30.185 — 33.30.190. Transmission of criminal records and data to place of imprisonment. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.191. Employment of prison inmates.

1. It is the policy of the state that prisoners be productively employed for as many hours each day as feasible.
2. The commissioner may enter into contracts or cooperative agreements with any public agency for the performance of conservation projects. After June 14, 2006, the commissioner may enter into a contract with an individual or private organization or public agency for the employment of prisoners if the commissioner consults with local union organizations before contracting and ensures that the contract will not result in the displacement of employed workers, be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services. A contract with an individual or private organization must require payment to the commissioner of at least the minimum wage required by AS 23.10.065 for each hour worked by a prisoner. The wage required under the contract, multiplied by the total hours worked by inmates, must be paid weekly, or for another period as required by the contract.
3. The commissioner may direct a prisoner to participate in a type of productive employment listed in (g)(1) and (3) — (5) of this section while the prisoner is confined in a correctional facility. A prisoner who refuses to participate in productive employment inside a correctional facility when directed under this section is subject to disciplinary sanctions imposed in accordance with regulations adopted by the commissioner.
4. In employing prison inmates, the department shall comply with federal and state health and safety regulations, except for providing workers’ compensation under AS 23.30.
5. The provisions of AS 23 do not apply to the employment of prison inmates.
6. Prison inmates productively employed under this section are not state employees nor do they have the rights or privileges given to state employees, including the right to participate in collective bargaining.
7. In this section, “productively employed” includes the following kinds of employment:
   1. routine maintenance and support services essential to the operation of a correctional facility;
   2. education, including both academic and vocational;
   3. public conservation projects, including wildland fire prevention and control, forest and watershed enhancement, recreational area development, construction and maintenance of trails and campsites, fish and game enhancement, soil conservation, and forest watershed revegetation;
   4. renovation, repair, or alteration of existing correctional facilities as permitted by law; and
   5. other work performed inside or outside of a correctional facility under (b) of this section.

History. (§ 6 ch 88 SLA 1986; am § 7 ch 49 SLA 1997; am §§ 2 — 5 ch 58 SLA 2006; am § 2 ch 22 SLA 2008)

Revisor’s notes. —

Subsections (d)-(f) were enacted as (e)-(g), respectively. Relettered in 2006, at which time existing subsection (d) was relettered as subsection (g) and an internal reference to the subsection was changed accordingly.

Cross references. —

For authority to use prisoners for work on trails and campsites, see AS 41.21.858(b) .

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

For discipline, see 22 AAC 5, art. 6.

Sec. 33.30.193. Standard applicable to allowing prisoners access to and use of legal reference materials and legal assistance.

If the commissioner imposes a restriction on access to and use of legal reference materials by or legal assistance of a prisoner in a state correctional facility, a court may not enter an order giving relief to the prisoner unless the court first finds, by a preponderance of the evidence, that enforcement or application of the restriction hinders the prisoner from having access to and use of the legal reference materials or legal assistance

1. in order to gain meaningful access to a court for the purpose of challenging
   1. the prisoner’s conviction or sentence; or
   2. the conditions of the prisoner’s confinement; or
2. in circumstances in which a state court has specifically determined that a provision of the state constitution necessarily requires a prisoner to have access to and use of the legal reference materials or legal assistance.

History. (§ 8 ch 49 SLA 1997)

Sec. 33.30.201. Compensation of prison inmates; deductions; disbursement; liens.

1. Each prisoner who is productively employed, as defined in AS 33.30.191(g)(1) or (3) — (5), may receive for that work compensation at a rate determined by the commissioner under this section if the money is available from legislative appropriations. Compensation established by the commissioner under this section may not exceed 50 percent of the minimum wage established in AS 23.10.065 ; however, if required to comply with a federal statute or regulation, a higher compensation may be established by the commissioner.
2. If compensation established under (a) of this section is 50 percent or more of the minimum wage established in AS 23.10.065 , the commissioner may deduct the cost of confinement of the prisoner up to the statewide average cost of confinement before disbursements are made under (c) of this section.
3. The commissioner shall disburse compensation received under (a) of this section, after any deduction required by (b) of this section, in the following order of priority:
   1. for support of the prisoner’s dependents, if any;
   2. to reimburse the state for compensation awarded under AS 18.67 resulting from the prisoner’s criminal conduct;
   3. to pay a civil judgment resulting from the prisoner’s criminal conduct;
   4. to pay a restitution or fine of the prisoner ordered by a sentencing court;
   5. for the payment of fees for the prisoner’s utilities services under AS 33.30.017 ;
   6. for the purchase of clothing and commissary items for the prisoner’s personal use.
4. A prisoner’s compensation remaining after any deductions under (b) of this section and disbursements under (c) of this section is to be credited to the prisoner and, except as provided in (e) of this section, must be retained by the department for the primary purpose of being available to the prisoner at the time of release. The commissioner shall maintain individual prisoner accounts for those earnings. The commissioner may, however, permit the prisoner to draw on a portion of that money for other purposes that the commissioner considers appropriate.
5. If a prisoner escapes, a portion of the retained compensation of the prisoner, as determined by the commissioner, is to be forfeited. The commissioner shall deposit forfeited compensation in the general fund.
6. Except for execution by the state under AS 09.38.030(f) , only the prisoner compensation retained by the commissioner under (d) of this section is subject to lien, attachment, garnishment, execution, or similar procedures to encumber money or property.

History. (§ 6 ch 88 SLA 1986; am §§ 6, 7 ch 58 SLA 2006)

Revisor’s notes. —

In 2006, in (a) of this section, “AS 33.30.191 (g)(1) or (3) — (5)” was substituted for “AS 33.30.191 (d)(1) or (3) — (5)” to reflect the 2006 relettering in AS 33.30.191.

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Sec. 33.30.211. Transmission of documents.

1. When a prisoner is admitted to a correctional facility, a copy of the commitment shall be delivered with the prisoner as evidence of the authority of the correctional facility to hold the prisoner.
2. When a person is sentenced to a term of imprisonment, copies of the pre-sentence report, sentencing report prepared under AS 12.55.025 , and any other information of the probation office or of the court that may affect the person’s rehabilitation shall be transmitted to the superintendent of the correctional facility in which the prisoner will be confined.
3. The commissioner shall adopt regulations providing for the security, confidentiality, and use of documents transmitted under (b) of this section.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Collateral references. —

Rights of prisoners in private prisons. 119 A.L.R.5th 1.

Sec. 33.30.216. Copies of records for child support purposes.

If a copy of a record prepared or maintained by or on behalf of the commissioner for a person in the custody of the commissioner is requested by the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, the official custodian of the record shall provide the requesting agency with a certified copy of the record. If the record is prepared or maintained in an electronic data base, the official custodian of the record may provide the requesting agency with a copy of the electronic record and a statement certifying its contents. The agency receiving information under this section may use the information only for child support purposes authorized under law.

History. (§ 142 ch 87 SLA 1997)

Revisor’s notes. —

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in this section in accordance with § 12(a), ch. 107, SLA 2004.

Editor’s notes. —

The delayed repeal of this section by § 148(c), ch. 87, SLA 1997, as amended by § 53, ch. 132, SLA 1998, which was to take effect July 1, 2001, was repealed by § 15, ch. 54, SLA 2001.

Sec. 33.30.221. Superintendent of correctional facility may administer oaths and acknowledgments.

The superintendent of a correctional facility or the superintendent’s assistant may administer oaths to and take acknowledgments from a prisoner, but may not request or accept compensation from a prisoner for acts performed under this section.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For communications, see 22 AAC 5, art. 8.

Secs. 33.30.225 — 33.30.227. Employment of prison inmates. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.231. Telephone access and monitoring inside correctional institutions.

1. A prisoner shall have reasonable access to a telephone except when access is suspended as punishment for conviction of a rule infraction or pending a hearing for a rule infraction involving telephone abuse.  A suspension under this subsection must be reasonable in length and may not prohibit telephone communication between the prisoner and an attorney or between the prisoner and the office of the ombudsman.
2. [Repealed, § 3 ch 56 SLA 1990.]
3. Notwithstanding  AS 42.20.300 and 42.20.310 , in order to preserve the security and orderly administration of the correctional facility and to protect the public, the commissioner shall monitor or record the telephone conversations of prisoners. The commissioner shall post a warning by each telephone informing prisoners that calls may be monitored or recorded. The monitoring or recording may be conducted on all calls or selectively or in some other limited manner as determined by the commissioner to be appropriate. A recording of a telephone call made under this subsection shall be kept confidential, and access to the recording and its contents is limited to persons who are acting within the scope of their official duties and whose access to specific recordings has been authorized by the facility superintendent. A telephone call between an attorney and a prisoner or between the office of the ombudsman and a prisoner may not be monitored or recorded except when authorized by a court.
4. Notwithstanding (a) of this section, the department may contract under  AS 36.30 for telephone services for use by a prisoner.

History. (§ 6 ch 88 SLA 1986; am §§ 1 — 3 ch 56 SLA 1990; am § 6 ch 2 FSSLA 1992; am § 9 ch 49 SLA 1997)

Administrative Code. —

For communications, see 22 AAC 5, art. 8.

Sec. 33.30.241. Effect of judgment of conviction on civil rights.

1. A person who is convicted of a felony involving moral turpitude as defined in AS 15.80.010 is disqualified from voting in a state or municipal election until the person’s unconditional discharge.
2. A person who is convicted of a felony is disqualified from serving as a juror until the person’s unconditional discharge.
3. In this section “unconditional discharge” has the meaning given in AS 12.55.185 .

History. (§ 6 ch 88 SLA 1986)

Revisor’s notes. —

In 2010, in subsection (a), “AS 15.80.010 ” was substituted for “AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Cross references. —

For loss and restoration of voting rights after certain felony convictions, see AS 15.05.030 .

Sec. 33.30.250. Work furlough. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.251. Disposal of abandoned personal property.

1. Except as provided in (b) of this section, it is the obligation of each person committed to the custody of the commissioner to provide for the appropriate disposition of all of the person’s property remaining at a correctional facility within 90 days of the date of the person’s release or transfer from the correction facility.
2. The commissioner shall provide for the shipment to the receiving facility of a reasonable amount of the prisoner’s property, as determined by the commissioner, when the prisoner is transferred from one correctional facility to another.
3. A prisoner’s personal property that remains at a correctional facility after 90 days from the date of the prisoner’s release or transfer is considered abandoned, and shall be delivered to the Department of Administration for disposal under AS 44.68.110 .
4. The state is not liable for any loss or damage to personal property properly determined to be abandoned under (c) of this section.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For admission to adult correctional facilities, see 22 AAC 5, art. 1.

Sec. 33.30.260. Rehabilitation furloughs. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.261. Excess money as contraband.

1. A prisoner who possesses money in an amount greater than that permitted by the commissioner is subject to disciplinary sanctions under regulations adopted by the commissioner.
2. Money in the possession of a prisoner in an amount greater than that permitted by the commissioner is contraband. If, after a hearing under regulations adopted by the commissioner, a prisoner is found to have been in possession of contraband under this section, the contraband shall be forfeited and deposited into the general fund.

History. (§ 6 ch 88 SLA 1986)

Administrative Code. —

For discipline, see 22 AAC 5, art. 6.

Sec. 33.30.270. Employment of imprisoned persons. [Repealed, § 6 ch 53 SLA 1982.]

Sec. 33.30.271. Forfeiture of property.

A conviction of a person for a crime does not work a forfeiture of property, except in cases where a forfeiture is expressly provided by law.

History. (§ 6 ch 88 SLA 1986)

Sec. 33.30.280. Credit for labor while imprisoned. [Repealed, § 6 ch 53 SLA 1982.]

Sec. 33.30.281. Crime against sentenced prisoner.

A person who commits a crime against a sentenced prisoner is punishable as if the prisoner was not sentenced and incarcerated.

History. (§ 6 ch 88 SLA 1986)

Secs. 33.30.282 — 33.30.290. Correctional restitution centers. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.291. Treaties.

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of prisoners sentenced to serve a term of incarceration to the country where they are citizens or nationals, the commissioner may, on behalf of the state and subject to the terms of the treaty, consent to the transfer or exchange of prisoners and take any other action necessary to initiate the participation of the state in the treaty.

History. (§ 6 ch 88 SLA 1986)

Sec. 33.30.292. Designation of victims’ representative.

If more than one person who qualifies as a victim under AS 12.55.185 requests notice under this chapter, the commissioner shall designate one person for purposes of receiving the notice required and of exercising the rights granted by this chapter.

History. (§ 22 ch 59 SLA 1989)

Sec. 33.30.295. Review of prisoner disciplinary decisions.

1. A prisoner may obtain judicial review by the superior court of a final disciplinary decision by the department only if the prisoner alleges specific facts establishing a violation of the prisoner’s fundamental constitutional rights that prejudiced the prisoner’s right to a fair adjudication. An appeal shall be commenced by the prisoner filing a notice of appeal and other required documents in accordance with AS 09.19 and the applicable rules of court governing administrative appeals that do not conflict with AS 09.19. Unless the appeal is not accepted for filing under AS 09.19.010 or is dismissed under AS 09.19.020 , a record of the proceedings shall be prepared by the department, consisting of the original papers and exhibits submitted in the disciplinary process and a cassette tape of the disciplinary hearing. The record shall be prepared and transmitted in accordance with the applicable rules of court governing administrative appeals.
2. A disciplinary decision may not be reversed
   1. unless the court finds that the prisoner’s fundamental constitutional rights were violated in the course of the disciplinary process, and that the violation prejudiced the prisoner’s right to a fair adjudication;
   2. because the department failed to follow hearing requirements set out in state statutes and regulations, unless the prisoner was prejudiced by the denial of a right guaranteed by the Alaska Constitution or United States Constitution; if such prejudice is found, the court shall enter judgment as provided in (c) of this section and remand the case to the department; or
   3. because of insufficient evidence if the record described in (a) of this section shows that the disciplinary decision was based on some evidence that could support the decision reached.
3. The court shall enter judgment setting aside or affirming the disciplinary decision without limiting or controlling the discretion vested in the department to allocate resources within the department and to control security and administration within the prison system.

History. (§ 14 ch 79 SLA 1995)

Secs. 33.30.300 — 33.30.900. Crime against convict in penitentiary. [Repealed, § 12 ch 88 SLA 1986.]

Sec. 33.30.901. Definitions.

In this chapter, unless the context requires otherwise,

1. “center” means a correctional restitution center;
2. “commissioner” means the commissioner of corrections;
3. “community service” means work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public services, lands, forests, parks, roads, highways, facilities, or education; community service may not confer a private benefit on a person except as may be incidental to the public benefit;
4. “correctional facility” or “facility” means a prison, jail, camp, farm, half-way house, group home, or other placement designated by the commissioner for the custody, care, and discipline of prisoners; a “state correctional facility” means a correctional facility owned or run by the state;
5. “court” means the supreme court, the court of appeals, the superior court, the district or magistrate court, or a justice or judge of a court;
6. “crime against a person” means a crime as set out in AS 11.41, or a crime against a person in this or another jurisdiction having elements substantially identical to those of a crime as set out in AS 11.41;
7. “crime involving domestic violence” has the meaning given in AS 18.66.990 ;
8. “department” means the Department of Corrections;
9. “furlough” means an authorized leave of absence from actual confinement for a designated purpose and period of time;
10. “health care provider” means
    1. a physician assistant licensed to practice in the state and working under the direct supervision of a licensed physician or psychiatrist;
    2. a mental health professional as defined in AS 47.30.915 ; or
    3. an advanced practice registered nurse as defined in AS 08.68.850 ;
11. “municipality” means a municipality authorized by law to establish a correctional facility;
12. “prisoner”
    1. means a person held under authority of state law in official detention as defined in AS 11.81.900(b) ;
    2. includes a minor committed to the custody of the commissioner when,
       1. under AS 47.12.030 , 47.12.065 , or 47.12.100 , the minor has been charged, prosecuted, or convicted as an adult; or
       2. under AS 47.12.160(e) , the minor has been ordered transferred to the custody of the commissioner;
13. “sex offender or child kidnapper,” “sex offense,” and “child kidnapping” have the meanings given in AS 12.63.100 ;
14. “temporary commitment” means detention of a person for any period under authority of state law, but does not include confinement upon conviction and judgment of a court of this state;
15. “victim” has the meaning given in AS 12.55.185 .

History. (§ 6 ch 88 SLA 1986; am § 23 ch 59 SLA 1989; am § 9 ch 41 SLA 1994; am § 4 ch 113 SLA 1994; am § 62 ch 64 SLA 1996; am § 23 ch 106 SLA 1998; am § 5 ch 107 SLA 1998; am § 47 ch 33 SLA 2016)

Revisor’s notes. —

Paragraph (13) was enacted as (14). Renumbered as (12) in 1994, at which time former (12) and (13) were renumbered as (13) and (14) respectively. Paragraph (7) was enacted as (15). Renumbered in 1996, at which time former paragraphs (7) — (14) were renumbered as (8) — (15).

In 2001, in the definition of “health care provider,” “physician assistant” was substituted for “physician’s assistant” to correct a manifest error.

Effect of amendments. —

The 2016 amendment, effective July 7, 2016, in (10)(A), deleted “or nurse practitioner” following “a physician assistant”; added (10)(C); and made related changes.

Sec. 33.35.010. Agreement enacted.

The Agreement on Detainers is enacted into law and entered into by the State of Alaska with all other jurisdictions legally joining in it in a form substantially as follows:

THE AGREEMENT ON DETAINERS. Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of those charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide those cooperative procedures.

Sec. 33.35.020. “Appropriate court” defined.

The phrase “appropriate court” in AS 33.35.010 , with reference to the courts of this state, means the superior court.

History. (§ 1 ch 39 SLA 1981)

Sec. 33.35.030. Enforcement.

All courts, departments, agencies, officers, and employees of the state and its political subdivisions shall enforce the Agreement on Detainers under AS 33.35.010 and cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

History. (§ 1 ch 39 SLA 1981)

Sec. 33.35.040. Central administrator and information agent.

The commissioner of corrections or the designee of the commissioner of corrections is the central administrator of and information agent for the Agreement on Detainers under AS 33.35.010 .

History. (§ 1 ch 39 SLA 1981; am E.O. No. 55, § 33 (1984))

Sec. 33.36.010. Compact enacted.

The Interstate Corrections Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining in it in a form substantially as follows. It is the policy of the State of Alaska not to transfer a resident inmate outside of the state under this compact if that inmate’s continued confinement in Alaska will better facilitate rehabilitation or treatment:

History. (§ 1 ch 127 SLA 1982)

INTERSTATE CORRECTIONS COMPACT

Sec. 33.36.020. Commitment or transfer of inmates under compact.

An agency or officer of the State of Alaska having power to commit or transfer an inmate to an institution for confinement may commit or transfer the inmate to an institution inside or outside the State of Alaska, if the State of Alaska has entered into a contract for the confinement of inmates in the institution under Article III of the Interstate Corrections Compact.

History. (§ 1 ch 127 SLA 1982)

Revisor’s notes. —

Enacted as AS 33.24.020. Renumbered in 1982.

Sec. 33.36.030. Enforcement of compact.

The courts, departments, agencies, and officers of the State of Alaska and its subdivisions shall enforce the Interstate Corrections Compact and shall do all things appropriate to carry out its purposes and intent which may be within their respective jurisdictions but not limited to making and submitting required reports.

History. (§ 1 ch 127 SLA 1982)

Revisor’s notes. —

Enacted as AS 33.24.030. Renumbered in 1982.

Sec. 33.36.040. Implementation.

The commissioner of corrections or the commissioner’s designee shall do all things necessary or incidental to the carrying out of the Interstate Corrections Compact. However, no contract is of any force or effect until approved by the commissioner of administration.

History. (§ 1 ch 127 SLA 1982; am E.O. No. 55, § 34 (1984))

Revisor’s notes. —

Enacted as AS 33.24.040. Renumbered in 1982.

Sec. 33.36.060. Compact enacted.

The Western Interstate Corrections Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any and all other states legally joining in it in a form substantially as follows:

History. (§ 1 ch 18 SLA 1961)

WESTERN INTERSTATE CORRECTIONS COMPACT

Sec. 33.36.070. Commitment or transfer of inmates under compact.

An agency or officer of the State of Alaska having power to commit or transfer an inmate (as defined in art. II(d) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer the inmate to an institution within or without the State of Alaska if the State of Alaska has entered into a contract or contracts for the confinement of inmates in the institution under art. III of the Western Interstate Corrections Compact.

History. (§ 2 ch 18 SLA 1961)

Revisor’s notes. —

Formerly AS 33.25.020. Renumbered in 1982.

Sec. 33.36.080. Enforcement of compact.

The courts, departments, agencies and officers of the State of Alaska and its subdivisions shall enforce this compact and shall do all things appropriate to carry out its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of reports required by the compact.

History. (§ 3 ch 18 SLA 1961)

Revisor’s notes. —

Formerly AS 33.36.030 . Renumbered in 1982.

Sec. 33.36.090. Board of parole to hold hearings under compact.

The Alaska board of parole shall hold such hearings as may be requested by another party state under art. IV(f) of the Western Interstate Corrections Compact.

History. (§ 4 ch 18 SLA 1961)

Revisor’s notes. —

Formerly AS 33.36.040 . Renumbered in 1982.

Sec. 33.36.100. Implementation of compact.

The commissioner of corrections may enter into such contracts on behalf of the State of Alaska as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact under art. III of the compact. No contract is of any force or effect until approved by the commissioner of administration.

History. (§ 5 ch 18 SLA 1961; am § 6 ch 104 SLA 1971; am E.O. No. 55, § 35 (1984))

Revisor’s notes. —

Formerly AS 33.25.050. Renumbered in 1982.

Sec. 33.36.110. Authorizing governor to execute interstate compact.

The governor of this state is authorized and directed to execute a compact on behalf of this state with any of the United States legally joining in the compact in the form substantially as follows:

History. (§ 2 ch 138 SLA 1957; am § 1 ch 106 SLA 1960; am § 2 ch 61 SLA 2002)

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

Sec. 33.36.120. Definition. [Repealed, § 5 ch 61 SLA 2002.]

Sec. 33.36.130. Compact administrator.

1. The governor shall appoint the administrator for the compact set out in AS 33.36.110 in consultation with the legislature and judiciary. The compact administrator must have a background in criminal justice.
2. The compact administrator is responsible for the administration and management of the state’s supervision and transfer of offenders under AS 33.36.110 , and shall report to the state council under AS 33.36.140 .
3. The compact administrator shall work within the Department of Corrections under the direction of the commissioner of corrections. The compact administrator serves at the pleasure of the governor.

History. (§ 3 ch 61 SLA 2002)

Sec. 33.36.135. Review of rules.

The compact administrator shall annually, not later than January 31, provide a report on any rules that have been adopted by the Interstate Commission during the previous calendar year to the legislature. The legislature shall review the rules to determine if the compact should be repealed, amended, or permitted to continue. In this section, “compact,” “compact administrator,” and “Interstate Commission,” have the meanings given in AS 33.36.110 .

History. (§ 8 ch 61 SLA 2002)

Revisor’s notes. —

Enacted as uncodified law in § 8, ch. 61, SLA 2002. Codified in 2002.

Sec. 33.36.140. State council.

1. There is created the State Council for Interstate Adult and Juvenile Offender Supervision to implement the provisions of the compact set out in AS 33.36.110 as the State Council for Interstate Adult Offender Supervision and the compact set out in AS 47.15.010 as the State Council for Interstate Juvenile Supervision. The state council shall meet as frequently as necessary to carry out its responsibilities.
2. The state council consists of nine members as follows:
   1. the commissioner of corrections; the commissioner of corrections may name a designee to serve in this capacity;
   2. the compact administrator appointed under AS 33.36.130 ;
   3. an attorney employed in the Department of Law, appointed by the governor;
   4. two members appointed by the governor from among the citizens of the state, at least one of whom must be a representative from victims’ groups;
   5. one ex officio nonvoting member from the legislative branch selected by the legislature and one ex officio nonvoting member from the judicial branch selected by the judiciary;
   6. the commissioner of health and social services; the commissioner of health and social services may name a designee to serve in this capacity;
   7. the compact administrator appointed under AS 47.15.020 .
3. The commissioner of corrections or the commissioner’s designee shall serve as chair of the state council.
4. The term of office of a member of the state council appointed under (b)(4) of this section is three years. The members of the state council appointed under (b)(3) and (4) of this section serve at the pleasure of the governor.
5. Voting members of the state council who are not state employees receive no salary for their work on the council, but are entitled to per diem and travel expenses authorized for other boards and commissions.
6. The state council shall
   1. designate the compact administrator, appointed under AS 33.36.130 , as its commissioner to the Interstate Commission for Adult Offender Supervision under the Interstate Compact for Adult Offender Supervision set out in AS 33.36.110 ; if the compact administrator is unavailable to serve as commissioner at a meeting of the Interstate Commission for Adult Offender Supervision, the council shall designate another person to serve in place of the compact administrator;
   2. exercise oversight and advocacy concerning the state’s participation in the Interstate Commission for Adult Offender Supervision;
   3. subject to available appropriations and other legal obligations, recommend policy development concerning the operations and procedures of the compact within the state; and
   4. make recommendations to the legislature to facilitate the implementation of the compact and the rules and bylaws adopted by the Interstate Commission for Adult Offender Supervision.

History. (§ 3 ch 61 SLA 2002; am §§ 1, 2 ch 37 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective July 1, 2009, in (a), added “and Juvenile” following “Interstate Adult”, and added “as the State Council for Interstate Adult Offender Supervision and the compact set out in AS 47.15.010 as the State Council for Interstate Juvenile Supervision” at the end of the first sentence; in (b), substituted “nine” for “seven” in the introductory language, added (b)(6) and (b)(7), and made a related stylistic change.

Sec. 33.36.145. Application fee.

A person under probation or parole supervision by the Department of Corrections who applies for a transfer of supervision to another state under the Interstate Compact for Adult Offender Supervision shall pay to the Department of Corrections a nonrefundable application fee of $100.

History. (§ 2 ch 88 SLA 2004)