Chapter 55. Sentencing and Probation.
Sec. 12.55.005. Declaration of purpose.
The purpose of this chapter is to provide the means for determining the appropriate sentence to be imposed upon conviction of an offense. The legislature finds that the elimination of unjustified disparity in sentences and the attainment of reasonable uniformity in sentences can best be achieved through a sentencing framework fixed by statute as provided in this chapter. In imposing sentence, the court shall consider
     (1) the seriousness of the defendant's present offense in relation to other offenses;

     (2) the prior criminal history of the defendant and the likelihood of rehabilitation;

     (3) the need to confine the defendant to prevent further harm to the public;

     (4) the circumstances of the offense and the extent to which the offense harmed the victim or endangered the public safety or order;

     (5) the effect of the sentence to be imposed in deterring the defendant or other members of society from future criminal conduct;

     (6) the effect of the sentence to be imposed as a community condemnation of the criminal act and as a reaffirmation of societal norms; and

     (7) the restoration of the victim and the community.




Sec. 12.55.010. Imprisonment on judgment for payment of fine. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 12.55.035(a).]
Sec. 12.55.011. Victim and community involvement in sentencing.
 (a) A court, when considering the sentence to be imposed under this chapter for an offense other than a violation of AS 11.41, AS 11.46.400, or a crime involving domestic violence, may permit the victim and the offender to submit a sentence for the court's review based upon a negotiated agreement between the victim and the offender, or between the offender and the community if there is no victim. The court may, with the consent of the victim and the offender, impose the sentence that has been determined by the negotiated agreement between the offender and the victim, or between the offender and the community if there is no victim, if that sentence otherwise complies with this chapter and accomplishes the goals of restoration of the victim and the community and rehabilitation of the offender. Before accepting a negotiated agreement, the court shall determine that the victim has not been intimidated or coerced in reaching the agreement. In this section, “community” has the meaning determined by the court.

 (b) At the time of sentencing, the court shall, if practicable, provide the victim with a form that
     (1) provides information on
          (A) whom the victim should contact if the victim has questions about the sentence or release of the offender;

          (B) the potential for release of the offender on furlough, probation, or parole or for good time credit; and

     (2) allows the victim to update the victim's contact information with the court, the Victim Information and Notification Everyday service, and the Department of Corrections.




Sec. 12.55.015. Authorized sentences; forfeiture.
 (a) Except as limited by AS 12.55.125 — 12.55.175, the court, in imposing sentence on a defendant convicted of an offense, may singly or in combination
     (1) impose a fine when authorized by law and as provided in AS 12.55.035;

     (2) order the defendant to be placed on probation under conditions specified by the court that may include provision for active supervision;

     (3) impose a definite term of periodic imprisonment, but only if an employment obligation of the defendant preexisted sentencing and the defendant receives a composite sentence of not more than two years to serve;

     (4) impose a definite term of continuous imprisonment;

     (5) order the defendant to make restitution under AS 12.55.045;

     (6) order the defendant to carry out a continuous or periodic program of community work under AS 12.55.055;

     (7) suspend execution of all or a portion of the sentence imposed under AS 12.55.080;

     (8) suspend entry of judgment under AS 12.55.078 or suspend imposition of sentence under AS 12.55.085;

     (9) order the forfeiture to the commissioner of public safety or a municipal law enforcement agency of a deadly weapon that was in the actual possession of or used by the defendant during the commission of an offense described in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;

     (10) order the defendant, while incarcerated, to participate in or comply with the treatment plan of a rehabilitation program that is related to the defendant's offense or to the defendant's rehabilitation if the program is made available to the defendant by the Department of Corrections;

     (11) order the forfeiture to the state of a motor vehicle, weapon, electronic communication device, or money or other valuables, used in or obtained through an offense that was committed for the benefit of, at the direction of, or in association with a criminal street gang;

     (12) order the defendant to have no contact, either directly or indirectly, with a victim or witness of the offense until the defendant is unconditionally discharged;

     (13) order the defendant to refrain from consuming alcoholic beverages for a period of time.

 (b) The court, in exercising sentencing discretion as provided in this chapter, shall impose a sentence involving imprisonment when
     (1) the defendant deserves to be imprisoned, considering the seriousness of the present offense and the defendant's prior criminal history, and imprisonment is equitable considering sentences imposed for other offenses and other defendants under similar circumstances;

     (2) imprisonment is necessary to protect the public from further harm by the defendant; or

     (3) sentences of lesser severity have been repeatedly imposed for substantially similar offenses in the past and have proven ineffective in deterring the defendant from further criminal conduct.

 (c) In addition to the penalties authorized by this section, the court may invoke any authority conferred by law to order a forfeiture of property, suspend or revoke a license, remove a person from office, or impose any other civil penalty. When forfeiting property under this subsection, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state.

 (d) [Repealed, § 1 ch 188 SLA 1990.]
 (e) If the defendant is ordered to serve a definite term of imprisonment, the court may recommend that the defendant serve all or part of the term
     (1) in a correctional restitution center;

     (2) by electronic monitoring.

 (f) Notwithstanding (a) of this section, the court shall order the forfeiture to the commissioner of public safety or a municipal law enforcement agency of a deadly weapon that was in the actual possession of or used by the defendant during the commission of a crime involving domestic violence.

 (g) Unless a defendant is ineligible for a deduction under AS 33.20, when a defendant is sentenced to a term of imprisonment of two years or more, the sentence consists of two parts: (1) a minimum term of imprisonment that is equal to not less than two-thirds of the total term of imprisonment; and (2) a maximum term of supervised release on mandatory parole that is equal to not more than one-third of the total term of imprisonment; the amount of time that the inmate actually serves in imprisonment and on supervised release is subject to the provisions of AS 33.20.010 — 33.20.060.

 (h) In addition to penalties authorized by this section, the court shall order a person convicted of an offense requiring the state to collect a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035 to submit to the collection of
     (1) the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples; or

     (2) an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer.

 (i) In addition to penalties authorized by this section, the court may order a defendant convicted of a violation of AS 11.41.410 or 11.41.434 where the victim of the offense was under 13 years of age to be subject to electronic monitoring up to the maximum length of probation on the person's release from a correctional facility.

 (j) Nothing in (a)(13) of this section limits or restricts the authority of a court to order a person to refrain from the consumption of alcohol as a condition of sentence or probation.

 (k) In making a determination under (a)(12) of this section for a defendant convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990, there is a presumption that, unless the court finds on the record that contact between a defendant and the victim of the offense is necessary, the court shall order the defendant to have no contact, either directly or indirectly, with the victim until the defendant is unconditionally discharged.

 (l) In this section “deadly weapon” has the meaning given in AS 11.81.900.




Sec. 12.55.020. Enforcing judgment to pay money. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 12.55.025(f), AS 12.55.035(a), (d) and AS 12.55.051.]
Sec. 12.55.022. Victim impact statement.
As part of the presentence report prepared on each felony offender, the probation officer shall prepare a victim impact statement reporting the following information:
     (1) the financial, emotional, and medical effects of the offense on the victim;

     (2) the need of the victim for restitution; and

     (3) any other information required by the court.




Sec. 12.55.023. Participation by victim in sentencing.
 (a) If a victim requests, the prosecuting attorney shall provide the victim, before the sentencing hearing, with a copy of the following portions of the presentence report:
     (1) the summary of the offense prepared by the Department of Corrections;

     (2) the defendant's version of the offense;

     (3) all statements and summaries of statements of the victim;

     (4) the sentence recommendation of the Department of Corrections; and

     (5) letters of support submitted to the court for consideration.

 (b) A victim may submit to the sentencing court a written statement that the victim believes is relevant to the sentencing decision and may give sworn testimony or make an unsworn oral presentation to the court at the sentencing hearing. If there are numerous victims, the court may reasonably limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing. When requested by the victim of a felony or a class A misdemeanor, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41, when the victim does not submit a statement, give testimony, or make an oral presentation, the victims' advocate may submit a written statement or make an unsworn oral presentation at the sentencing hearing on behalf of the victim.




Sec. 12.55.025. Sentencing procedures.
 (a) When imposing a sentence for conviction of a felony offense or a sentence of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that includes the following:
     (1) a verbatim record of the sentencing hearing and any other in-court sentencing procedures;

     (2) findings on material issues of fact and on factual questions required to be determined as a prerequisite to the selection of the sentence imposed;

     (3) a clear statement of the terms of the sentence imposed; if a term of imprisonment is imposed, the statement must include
          (A) the approximate minimum term the defendant is expected to serve before being released or placed on mandatory parole if the defendant is eligible for and does not forfeit good conduct deductions under AS 33.20.010; and

          (B) if applicable, the approximate minimum term of imprisonment the defendant must serve before becoming eligible for release on discretionary parole;

     (4) any recommendations as to the place of confinement or the manner of treatment; and

     (5) in the case of a conviction for a felony offense, information assessing
          (A) the financial, emotional, and medical effects of the offense on the victim;

          (B) the need of the victim for restitution; and

          (C) any other information required by the court.

 (b) The sentencing report required under (a) of this section shall be furnished within 30 days after imposition of sentence to the Department of Law, the defendant, the Department of Corrections, the state Board of Parole if the defendant will be eligible for parole, and to the Alcoholic Beverage Control Board if the defendant is to be sentenced for a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted under AS 04.21.010.

 (c) Except as provided in (d) of this section, when a defendant is sentenced to imprisonment, the term of confinement commences on the date of imposition of sentence unless the court specifically provides that the defendant must report to serve the sentence on another date. If the court provides another date to begin the term of confinement, the court shall provide the defendant with written notice of the date, time, and location of the correctional facility to which the defendant must report. A defendant shall receive credit for time spent in custody pending trial, sentencing, or appeal, if the detention was in connection with the offense for which the sentence was imposed. A defendant may not receive credit for more than the actual time spent in custody pending trial, sentencing, or appeal. The time during which a defendant is voluntarily absent from official detention after the defendant has been sentenced may not be credited toward service of the sentence.

 (d) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If an appeal is taken and the defendant is not admitted to bail, the Department of Corrections shall designate the facility in which the defendant shall be detained pending appeal or admission to bail.

 (e) [Repealed, § 7 ch 125 SLA 2004.]
 (f) A sentence that the defendant pay money, either as a fine or in restitution or both, constitutes a lien in the same manner as a judgment for money entered in a civil action. Nothing in this section limits the authority of the court to otherwise enforce payment of a fine or restitution.

 (g) [Repealed, § 7 ch 125 SLA 2004.]
 (h) [Repealed, § 7 ch 125 SLA 2004.]
 (i) Except as otherwise provided in this chapter, the preponderance of the evidence standard of proof applies to sentencing proceedings.

 (j) The approximate minimum terms provided under (a)(3) of this section in the sentencing report are for information purposes only. The approximate minimum terms are not part of the sentence imposed and do not form a basis for review or appeal of the sentence imposed or provide a defendant with a right to any specific term of imprisonment or supervised release on mandatory parole.

 (k) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail in connection with an offense for which the defendant is being sentenced, the defendant shall file notice with the court and the prosecutor 10 days before the sentencing hearing. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except as provided in (l) of this section, except for good cause, a court may not consider a request for credit made under this subsection more than 90 days after the sentencing hearing.

 (l) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail while pending appeal, the defendant shall file notice with the court and the prosecutor not later than 90 days after return of the case to the trial court following appeal. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except for good cause, the court may not consider a request for credit made under this subsection after the deadline.

 (m) When imposing a sentence for conviction of a felony offense or a sentence of imprisonment exceeding 90 days or, upon a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the court shall orally state on the record the terms of the sentence of imprisonment imposed and the approximate minimum sentence that must be served before the defendant may be eligible for mandatory parole and that the period of active incarceration may be reduced under other provisions of law.




Sec. 12.55.027. Credit for time spent toward service of a sentence of imprisonment.
 (a) A court may grant a defendant credit toward a sentence of imprisonment for time spent in a treatment program that furthers the reformation and rehabilitation of the defendant if the court finds that the program places a substantial restriction on the defendant's freedom of movement and behavior and is consistent with this section.

 (b) A court may only grant credit under this section
     (1) in the amount of one day of credit toward a sentence of imprisonment for each full day the defendant spent in a treatment program; and

     (2) if the court ordered the defendant to participate in and comply with the conditions of the treatment program before the defendant entered the program.

 (c) In granting credit toward a sentence of imprisonment for time spent in a treatment program, a court shall consider the following factors:
     (1) the restrictions on the defendant's freedom of movement and behavior;

     (2) the circumstances under which the defendant was enrolled in the program;

     (3) the residency requirements of the program;

     (4) the physical custody and supervision of the defendant at the program;

     (5) the circumstances under which the defendant is permitted to leave the program's facility;

     (6) the rules of the program and the requirement that the defendant obey the orders of persons who have immediate custody or control over the defendant;

     (7) the sanctions on the defendant for violating the program's rules or orders;

     (8) whether the defendant is subject to arrest for leaving the program's facility without permission;

     (9) the use of an electronic monitoring device;

     (10) whether the program provides substance abuse treatment;

     (11) the use of other technology that monitors or restricts the defendant's movement and behavior;

     (12) other factors that support the court's finding that the program places a substantial restriction on the defendant's freedom of movement and behavior;

     (13) other factors that support the court's finding that the program furthers the reformation and rehabilitation of the defendant.

 (d) A court may grant credit against a sentence of imprisonment for time spent under electronic monitoring if the person has not committed a criminal offense while under electronic monitoring and the court imposes restrictions on the person's freedom of movement and behavior while under the electronic monitoring program, including requiring the person to be confined to a residence except for a
     (1) court appearance;

     (2) meeting with counsel; or

     (3) period during which the person is at a location ordered by the court for the purposes of employment, attending educational or vocational training, performing community volunteer work, or attending a rehabilitative activity or medical appointment.

 (e) If a defendant intends to claim credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring either as a condition of probation or as a condition of bail release after a petition to revoke probation has been filed, the defendant shall file notice with the court and the prosecutor 10 days before the disposition hearing. The notice shall include the amount of time the defendant is claiming. The defendant must prove by a preponderance of the evidence that the credit claimed meets the requirements of this section. A court may not consider, except for good cause, a request for credit made under this subsection more than 90 days after the disposition hearing.

 (f) To qualify as a treatment program under this section, a program must
     (1) be intended to address criminogenic traits or behaviors;

     (2) provide measures of progress or completion; and

     (3) require notification to the prosecuting authority, pretrial services officer, or probation officer if the person is discharged from the program for noncompliance.

 (g) Unless the defendant participated in a residential treatment program under (c) and (f) of this section while under electronic monitoring, a court may not grant credit against a sentence of imprisonment under (d) of this section if the sentence is for
     (1) a felony crime against a person under AS 11.41;

     (2) a crime involving domestic violence as defined in AS 18.66.990;

     (3) an offense under AS 11.71 involving the delivery of a controlled substance to a person under 19 years of age;

     (4) burglary in the first degree under AS 11.46.300; or

     (5) arson in the first degree under AS 11.46.400.

 (h) Nothing in this section authorizes the release of a person on electronic monitoring after conviction and while awaiting sentencing if the person is ineligible for release under AS 12.30.040(b).

 (i) A court may not grant credit under this section for time spent in a treatment program or under electronic monitoring for a sex offense as defined in AS 12.63.100.

 (j) A court may grant credit under this section for time spent in a treatment program or under electronic monitoring if the court finds that the sentence, including credit toward the sentence of imprisonment, meets the requirements of AS 12.55.005.

 (k) When a court grants credit toward a sentence of imprisonment under this section, if a defendant spends time in a treatment program while under electronic monitoring, the court may grant credit for either the time spent in the treatment program or for the time spent under electronic monitoring, but not for both.

 (l) A court granting credit against a sentence of imprisonment under (a) of this section may grant credit of not more than 365 days against the total term of imprisonment imposed.




Sec. 12.55.030. Discharge of indigents imprisoned for nonpayment of fine. [Repealed, § 16 ch 53 SLA 1973.]
Sec. 12.55.035. Fines.
 (a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.

 (b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than
     (1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;

     (2) $250,000 for a class A felony;

     (3) $100,000 for a class B felony;

     (4) $50,000 for a class C felony;

     (5) $25,000 for a class A misdemeanor;

     (6) $2,000 for a class B misdemeanor;

     (7) $500 for a violation.

 (c) Upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the greatest of
     (1) an amount that is
          (A) $2,500,000 for a felony offense or for a misdemeanor offense that results in death;

          (B) $500,000 for a class A misdemeanor offense that does not result in death;

          (C) $75,000 for a class B misdemeanor offense that does not result in death;

          (D) $25,000 for a violation;

     (2) three times the pecuniary gain
          (A) realized by the defendant as a result of the offense; or

          (B) sought by the defendant for the defendant or for others by the commission of the offense; or

     (3) three times the pecuniary damage or loss
          (A) caused by the defendant to another, or to the property of another, as a result of the offense; or

          (B) to another or the property of another sought by the defendant by the commission of the offense.

 (d) If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.

 (e) In imposing a fine under (c) of this section, in addition to any other relevant factors, the court shall consider
     (1) measures taken by the organization to discipline an officer, director, employee, or agent of the organization;

     (2) measures taken by the organization to prevent a recurrence of the offense;

     (3) the organization's obligation to make restitution to a victim of the offense, and the extent to which imposition of a fine will impair the ability of the organization to make restitution; and

     (4) the extent to which the organization will pass on to consumers the expense of the fine.

 (f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense.

 (g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142.

 (h) [Repealed, § 5 ch 110 SLA 2010.]




Sec. 12.55.036. Day fines. [Repealed, § 4 ch 33 SLA 2009.]
Sec. 12.55.039. Surcharge.
 (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a
     (1) felony shall be assessed a surcharge of $200;

     (2) violation of a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032 and adopted under AS 28.01.010, shall be assessed a surcharge of $150;

     (3) misdemeanor or a violation of a municipal ordinance if a sentence of incarceration may be imposed for the misdemeanor or ordinance violation, other than a provision identified in (2) of this subsection, shall be assessed a surcharge of $100;

     (4) misdemeanor for which a sentence of incarceration may not be imposed, a violation or an infraction under state law, or a violation of a municipal ordinance imposing a penalty authorized by AS 29.25.070(a) if a sentence of incarceration may not be imposed for the ordinance violation, shall be assessed a surcharge of $20 if the fine or bail forfeiture amount for the offense is $30 or more.

 (b) A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.

 (c) The surcharge shall be paid within 10 days of imposition or such shorter period of time as ordered by the court. Failure to pay the surcharge is punishable as contempt of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.

 (d) Money collected under this section shall be deposited into the general fund and accounted for under AS 37.05.142.




Sec. 12.55.040. Increased punishment for habitual criminal after conviction of petty larceny or misdemeanor involving fraud. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.55.041. Correctional facility surcharge.
 (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, a crime under state law shall pay a correctional facility surcharge if, in connection with the crime, the defendant
     (1) was arrested and taken to a correctional facility, regardless of whether the defendant was released or admitted to the facility; or

     (2) is sentenced to serve a term of imprisonment.

 (b) The court shall impose a single surcharge under (a) of this section on a defendant being sentenced for one or more crimes in a single judgment. The surcharge is
     (1) $100 if the judgment includes a sentence for a felony;

     (2) $50 if the judgment does not include a sentence for a felony.

 (c) If the court places the defendant on probation, the court shall order that the defendant pay an additional correctional facility surcharge of $100. The additional surcharge shall be suspended but later imposed if the defendant's probation is revoked and, in connection with the probation revocation, the defendant
     (1) was arrested and taken to a correctional facility, regardless of whether the defendant was released or admitted to the facility; or

     (2) is ordered to serve a term of imprisonment for the probation revocation.

 (d) The court shall include a surcharge imposed under (a) of this section in the judgment of conviction. The court shall include the imposition of a surcharge under (c) of this section in the order revoking probation. For a surcharge that is not paid by the person as required by this section, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.140. For purposes of collection and priority of attachment under AS 43.23.140, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 09.35 as if it were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce surcharges.

 (e) In this section, “correctional facility” has the meaning given in AS 33.30.901.




Sec. 12.55.045. Restitution and compensation.
 (a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime. In determining the amount and method of payment of restitution or compensation, the court shall take into account the
     (1) public policy that favors requiring criminals to compensate for damages and injury, including loss of income, to their victims; and

     (2) financial burden placed on the victim and those who provide services to the victim and other persons injured by the offense as a result of the criminal conduct of the defendant.

 (b) An order of restitution under this section does not limit any civil liability of the defendant arising from the defendant's conduct.

 (c) If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.

 (d) In any case, including a case in which the defendant is convicted of a violation of AS 11.46.120 — 11.46.150 and the property is commercial fishing gear as defined in AS 16.43.990, the court shall consider the victim's loss, and the order of restitution may include compensation for loss of income.

 (e) [Repealed, § 7 ch 17 SLA 2004.]
 (f) [Repealed, § 7 ch 17 SLA 2004.]
 (g) The court may not, in ordering the amount of restitution, consider the defendant's ability to pay restitution.

 (h) In imposing restitution under this section, the court may require the defendant to make restitution by means other than the payment of money.

 (i) An order of restitution made under this section is a condition of the defendant's sentence and, in cases in which the court suspends all or a portion of the defendant's sentence, the order of restitution is a condition of the suspended sentence. If the court suspends imposition of sentence under AS 12.55.085, the order of restitution is a condition of the suspended imposition of sentence.

 (j) A defendant who is convicted of an offense for which restitution may be ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210. A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant's response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority.

 (k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court's order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person's probation officer, if any.

 (l) An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends entry of judgment under AS 12.55.078 or suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when the proceeding is dismissed under AS 12.55.078 or a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution.

 (m) Notwithstanding another provision of law, the court shall accept
     (1) payments of restitution from a defendant at any time; and

     (2) prepayments of restitution or payments in anticipation of an order of restitution.

 (n) In determining the amount of actual damages or loss for restitution under this section, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

 (o) In this section,
     (1) “conviction” means that the defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;

     (2) “loss of income” includes the total loss of income a business or person suffers as a result of not having stolen property available during the time it takes to obtain a replacement.




Sec. 12.55.050. Increased punishment for persons convicted of more than one felony. [Repealed, § 21 ch 166 SLA 1978. For sentences of imprisonment for felonies, see AS 12.55.125.]
Sec. 12.55.051. Enforcement of fines and restitution.
 (a) If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for nonpayment and, if the payment was made a condition of the defendant's probation, may revoke the probation of the defendant. In a contempt or probation revocation proceeding brought as a result of failure to pay a fine or restitution, it is an affirmative defense that the defendant was unable to pay despite having made continuing good faith efforts to pay the fine or restitution. If the court finds that the defendant was unable to pay despite having made continuing good faith efforts, the defendant may not be imprisoned solely because of the inability to pay. If the court does not find that the default was attributable to the defendant's inability to pay despite having made continuing good faith efforts to pay the fine or restitution, the court may order the defendant imprisoned until the order of the court is satisfied. A term of imprisonment imposed under this section may not exceed one day for each $50 of the unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall be given toward satisfaction of the order of the court for every day a person is incarcerated for nonpayment of a fine or restitution.

 (b) When a fine or restitution is imposed on an organization, the person authorized to make disbursements from the assets of the organization shall pay the fine or restitution from those assets. A person required to pay a fine or restitution under this subsection who intentionally refuses or fails to make a good faith effort to pay is punishable under (a) of this section.

 (c) A defendant who has been sentenced to pay a fine or restitution may request a hearing regarding the defendant's ability to pay the fine or restitution at any time that the defendant is required to pay all or a portion of the fine or restitution. The court may deny the request if it has previously considered the defendant's ability to pay and the defendant's request does not allege changed circumstances. If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule.

 (d) The state may enforce payment of a fine against a defendant under AS 09.35 as if the order were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce fines.

 (e) The Department of Law is authorized to collect restitution on behalf of the recipient unless
     (1) the recipient elects as provided in (f) of this section to enforce the order of restitution without the assistance of the Department of Law; or

     (2) the order requires restitution to be made in a form other than payment of a specific dollar amount.

 (f) The court shall forward a copy of an order of restitution to the Department of Law and the office of victims' rights when the judgment is entered. Along with the copy of the order, the court shall provide the name, date of birth, social security number, and current address of the recipient of the restitution and the defendant, to the extent that the court has that information in its possession. Upon receipt of the order and other information from the court, the Department of Law shall send a notice to the recipient regarding the recipient's rights under this section, including the right to elect to enforce the order of restitution without the assistance of the Department of Law and of the possibility of, and procedure for, receiving payment from the restorative justice account. The information provided to the Department of Law and the office of victims' rights under this subsection is confidential and is not open to inspection as a public record under AS 40.25.110. The Department of Law, the office of victims' rights, or agents for the Department of Law or office of victims' rights may not disclose the information except as necessary to collect on the restitution.

 (g) The Department of Law may not begin collection procedures on the order of restitution until the recipient has been given notice and has been given 90days after receipt of notice to elect to collect the restitution without the assistance of the Department of Law. If the Department of Law receives a response to the notice before the 90-day period, the Department of Law may begin collection on the restitution. A recipient may inform the Department of Law at a later time of the recipient's election to collect the restitution without the assistance of the Department of Law; upon receipt of that information, the Department of Law may no longer proceed with collection efforts on behalf of the recipient. A recipient who has elected under this section to collect restitution without the assistance of the Department of Law may not later request the services of that department to collect the restitution.

 (h) If the Department of Law or its agents proceed to collect restitution on behalf of a recipient under (g) of this section, the actions of the Department of Law or an agent of the Department of Law on behalf of the recipient do not create an attorney-client relationship between the Department of Law and the recipient. The Department of Law or its agents may not settle a judgment for restitution without the consent of the recipient of the restitution.

 (i) An action for damages may not be brought against the state or any of its agents, officers, or employees based on an action or omission under this section.

 (j) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations necessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.




Sec. 12.55.055. Community work.
 (a) The court may order a defendant convicted of an offense to perform community work as a condition of probation, a suspended sentence, suspended imposition of sentence, or suspended entry of judgment, or in addition to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the court may recommend to the Department of Corrections that the defendant perform community work.

 (b) Community work includes work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public lands, forests, parks, roads, highways, facilities, or education. Community work may not confer a private benefit on a person except as may be incidental to the public benefit.

 (c) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.

 (d) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment. Substitution of community work shall be at a rate of eight hours for each day of imprisonment. A court may not offer substitution of community work for any mandatory minimum period of imprisonment or for any period within the presumptive range of imprisonment for the offense.

 (e) Medical benefits for an individual injured while performing community work at the direction of the state shall be assumed by the state to the extent not covered by collateral sources. When the state pays medical benefits under this subsection, a claim for medical expenses by the injured individual against a third party is subrogated to the state.

 (f) [Repealed, § 11 ch 71 SLA 1996.]
 (g) The court may not
     (1) offer a defendant convicted of an offense the option of serving jail time in lieu of performing uncompleted community work previously ordered by the court; or

     (2) convert uncompleted community work hours into a sentence of imprisonment.

 (h) If a court orders community work as part of the defendant's sentence under this section, the court shall provide notice to the defendant at sentencing and include as a provision of the judgment that if the defendant fails to provide proof of community work within 20 days after the date set by the court, the court shall convert those community work hours to a fine equal to the number of uncompleted work hours multiplied by the state's minimum hourly wage and issue a judgment against the defendant for that amount.




Secs. 12.55.060 — 12.55.075. Prior convictions; sentencing reports; imposition of sentence. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 12.55.078. Suspending entry of judgment.
 (a) Except as provided in (f) of this section, if a person is found guilty or pleads guilty to a crime, the court may, with the consent of the defendant and the prosecution and without imposing or entering a judgment of guilt, defer further proceedings and place the person on probation. The period of probation may not exceed the applicable terms set out in AS 12.55.090(c). The court may not impose a sentence of imprisonment under this subsection.

 (b) The court shall impose conditions of probation for a person on probation as provided in (a) of this section, which may include that the person
     (1) abide by all local, state, and federal laws;

     (2) not leave the state without prior consent of the court;

     (3) pay restitution as ordered by the court; and

     (4) obey any other conditions of probation set by the court.

 (c) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the court finds that the person placed on probation is
     (1) violating the conditions of probation;

     (2) engaging in criminal practices; or

     (3) violating 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).

 (d) If the court finds that the person has successfully completed probation, the court shall, at the end of the probationary period set by the court, or at any time after the expiration of one year from the date the original probation was imposed, discharge the person and dismiss the proceedings against the person. A person who is discharged under this subsection is not convicted of a crime.

 (e) If the court finds that the person has violated the conditions of probation ordered by the court, the court may revoke and terminate the person's probation, enter judgment on the person's previous plea or finding of guilt, and pronounce sentence at any time within the maximum probation period authorized by this section.

 (f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who
     (1) is charged with a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;

     (2) uses a firearm in the commission of the offense for which the person is charged;

     (3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person's prospects for rehabilitation are high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community;

     (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if
          (A) the charges were dismissed under this section;

          (B) the conviction has been set aside under AS 12.55.085; or

          (C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction; or

     (5) is charged with a crime involving domestic violence, as defined in AS 18.66.990.




Sec. 12.55.080. Suspension of sentence and probation.
Upon entering a judgment of conviction of a crime, or at any time within 60 days from the date of entry of that judgment of conviction, a court, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution or balance of the sentence or a portion thereof, and place the defendant on probation for a period and upon the terms and conditions as the court considers best.


Sec. 12.55.085. Suspending imposition of sentence.
 (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and shall place the person on probation, under the charge and supervision of the probation officer of the court during the suspension.

 (b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the interests of justice require, and if the court, in its judgment, has reason to believe that the person placed upon probation is
     (1) violating the conditions of probation;

     (2) engaging in criminal practices; or

     (3) violating 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).

 (c) Upon the revocation and termination of the probation, the court may pronounce sentence at any time within the maximum probation period authorized by this section, subject to the limitation specified in AS 12.55.086(c).

 (d) The court may at any time during the period of probation revoke or modify its order of suspension of imposition of sentence. It may at any time, when the ends of justice will be served, and when the good conduct and reform of the person held on probation warrant it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and pronounced sentence, the defendant shall, at the end of the term of probation, be discharged by the court.

 (e) Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that effect.

 (f) The court may not suspend the imposition of sentence of a person who
     (1) is convicted of a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;

     (2) uses a firearm in the commission of the offense for which the person is convicted; or

     (3) is convicted of a violation of AS 11.41.230 — 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.




Sec. 12.55.086. Imprisonment as a condition of suspended imposition of sentence.
 (a) When the imposition of sentence is suspended under AS 12.55.085, the court may require, as a special condition of probation, that the defendant serve a definite term of continuous or periodic imprisonment, not to exceed the maximum term of imprisonment that could have been imposed. The court may recommend that the defendant serve all or part of the term in a correctional restitution center.

 (b) A defendant imprisoned under this section is entitled to a deduction from the term of imprisonment for good conduct under AS 33.20.010. Unless otherwise specified in the order of suspension of imposition of sentence, a defendant imprisoned under this section is eligible for parole if the term of imprisonment exceeds one year and is eligible for any work furlough, rehabilitation furlough, or similar program available to other state prisoners.

 (c) If probation is revoked and the defendant is sentenced to imprisonment, the defendant shall receive credit for time served under this section. Deductions for good conduct under AS 33.20.010 do not constitute “time served.”




Sec. 12.55.088. Modification of sentence.
 (a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 days of the original sentencing.

 (b) The sentencing court may not be required to entertain a second or successive motion for similar relief brought under (a) of this section on behalf of the same prisoner.

 (c) A sentence may not be reduced or modified so as to result in a term of imprisonment that is less than the minimum sentence or lower than the presumptive range required by law for the original sentence.

 (d) A victim has the right to comment in writing to the court on a motion to modify or reduce a sentence filed by the person who perpetrated the offense against the victim, and has the right to give sworn testimony or make an unsworn oral presentation at a hearing held in connection with the motion. If there are numerous victims, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing.

 (e) If a motion is filed to modify or reduce a sentence by a defendant who perpetrated a crime against a person or arson in the first degree, the court shall, if feasible, send a copy of the motion to the Department of Corrections sufficiently in advance of any scheduled hearing or briefing deadline to enable the department to notify the victim of that crime. If that victim has earlier requested to be notified, the Department of Corrections shall send the victim a copy of the motion and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.

 (f) The court shall provide copies of the victim's written comments to the prosecuting attorney, the person filing the motion to reduce or modify a sentence, and that person's attorney.

 (g) In deciding whether to modify or reduce a sentence, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and the person filing the motion.

 (h) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the offender or to the offender's attorney.




Sec. 12.55.090. Granting of probation.
 (a) Probation may be granted whether the offense under AS 11 or AS 16 or the crime is punishable by fine or imprisonment or both. If an offense under AS 11 or AS 16 or a crime is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.

 (b) Except as otherwise provided in (f) of this section, the court may revoke or modify any condition of probation, change the period of probation, or terminate probation and discharge the defendant from probation.

 (c) The period of probation, together with any extension, may not exceed
     (1) 25 years for a felony sex offense; or

     (2) 10 years for any other offense.

 (d) [Repealed, § 11 ch 68 SLA 1965.]
 (e) [Repealed, § 11 ch 68 SLA 1965.]
 (f) Unless the defendant and the prosecuting authority agree at the probation revocation proceeding or other proceeding related to a probation violation, the person qualifies for a reduction under AS 33.05.020(h), or a probation officer recommends to the court that probation be terminated and the defendant be discharged from probation under (g) of this section or AS 33.05.040, the court may not reduce the specific period of probation or the specific term of suspended incarceration except by the amount of incarceration imposed for a probation violation, if
     (1) the sentence was imposed in accordance with a plea agreement under Rule 11, Alaska Rules of Criminal Procedure; and

     (2) the agreement required a specific period of probation or a specific term of suspended incarceration.

 (g) At the discretion of the probation officer, a probation officer may recommend to the court that probation be terminated and a defendant be discharged from probation if the defendant
     (1) has completed at least
          (A) two years on probation if the person was convicted of a class A or class B felony that is not a crime under (4) of this subsection; or

          (B) 18 months on probation if the person was convicted of a crime that is not a crime
               (i) under (A) of this paragraph; or

               (ii) under (4) of this subsection;

     (2) has completed all treatment programs required as a condition of probation;

     (3) is currently in compliance with all conditions of probation for all of the cases for which the person is on probation; and

     (4) has not been convicted of an unclassified felony offense, a sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as defined in AS 18.66.990.

 (h) Before a court may terminate probation and discharge the defendant before the period of probation for the offense has been completed under (g) of this section, the court shall allow victims to comment in writing to the court or allow a victim to give sworn testimony or make an unsworn oral presentation at a hearing held to determine whether to reduce the period of probation or terminate probation and discharge the defendant.

 (i) If a probation officer recommends to the court that probation be terminated and a defendant be discharged from probation under (g) of this section, and if the victim has earlier requested to be notified, the Department of Corrections shall send the victim notice of the recommendation under (g) of this section and inform the victim of the victim's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.

 (j) If the victim submits written comments directly to the court and the parties do not otherwise have the victim statements, the court shall distribute the statements to the parties.

 (k) In deciding whether to terminate probation and discharge the defendant from probation under (g) of this section, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and defendant.

 (l) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the defendant or the defendant's attorney.

 (m) The court shall discharge the defendant from probation upon completion of the period of probation. The period of probation is considered to be completed when the combination of time served and credits earned under AS 33.05.020 is equal to the probation period imposed, or after the probationer has been discharged from probation under this section.

 (n) In this section, “sex offense” has the meaning given in AS 12.63.100.




Sec. 12.55.100. Conditions of probation.
 (a) While on probation and among the conditions of probation, the defendant
     (1) shall be required to obey all state, federal, and local laws or ordinances, and any court orders applicable to the probationer; and

     (2) may be required
          (A) to pay a fine in one or several sums;

          (B) to make restitution or reparation to aggrieved parties for actual damages or loss caused by the crime for which conviction was had, including compensation to a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime; when determining the amount of actual damages or loss under this subparagraph, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of the replacement of the property within a reasonable time after the crime;

          (C) to provide for the support of any persons for whose support the defendant is legally responsible;

          (D) to perform community work in accordance with AS 12.55.055;

          (E) to participate in or comply with the treatment plan of an inpatient or outpatient rehabilitation program specified by either the court or the defendant's probation officer that is related to the defendant's offense or to the defendant's rehabilitation;

          (F) to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment;

          (G) to comply with a program established under AS 47.38.020; and

          (H) to comply with the sanctions imposed by the defendant's probation officer under AS 33.05.020(g).

 (b) The defendant's liability for a fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

 (c) A program of inpatient treatment may be required by the authorized agency under (a)(2)(F) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days after the agency's referral, and shall specifically set out the grounds on which the request for review is based. The court may order a hearing on the request for review.

 (d) If the court orders probation for a defendant convicted of an offense requiring the state to collect a blood sample, oral sample, or both, from the defendant for the deoxyribonucleic acid identification registration system under AS 44.41.035, the court shall order the defendant, as a condition of probation, to submit to the collection of
     (1) the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples; or

     (2) an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer.

 (e) In addition to other conditions imposed on the defendant, while on probation and as a condition of probation
     (1) for a sex offense, as described in AS 12.63.100, the defendant
          (A) shall be required to submit to regular periodic polygraph examinations;

          (B) may be required to provide each electronic mail address, instant messaging address, and other Internet communication identifier that the defendant uses to the defendant's probation officer; the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the local law enforcement agency;

     (2) if the defendant was convicted of a violation of AS 11.41.434 — 11.41.455, AS 11.61.125 — 11.61.128, or a similar offense in another jurisdiction, the defendant may be required to refrain from
          (A) using or creating an Internet site;

          (B) communicating with children under 16 years of age;

          (C) possessing or using a computer; or

          (D) residing within 500 feet of school grounds; in this subparagraph, “school grounds” has the meaning given in AS 11.71.900.

 (f) While on probation and as a special condition of probation for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the court shall require that the defendant submit to electronic monitoring. Electronic monitoring under this subsection must provide for monitoring of the defendant's location and movements by Global Positioning System technology. The court shall require a defendant serving a period of probation 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 defendant has sufficient financial resources to pay the costs or a portion of the costs. A defendant 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 probation. In this subsection, “correctional facility” has the meaning given in AS 33.30.901.




Sec. 12.55.101. Additional conditions of probation for domestic violence crimes.
 (a) Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family. If a person convicted of a crime involving domestic violence is placed on probation, the court may order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) — (7) and (11), and may
     (1) require the defendant to participate in and complete to the satisfaction of the court one or more programs for the rehabilitation of perpetrators of domestic violence that meet the standards set by, and that are approved by, the Department of Corrections under AS 44.28.020(b), if the program is available in the community where the defendant resides; the court may not order a defendant to participate in or complete a program for the rehabilitation of perpetrators of domestic violence that does not meet the standards set, and that is not approved, by the Department of Corrections under AS 44.28.020(b);

     (2) require the defendant to refrain from the consumption of alcohol; and

     (3) impose any other condition necessary to protect the victim and any members of the victim's family, or to rehabilitate the defendant.

 (b) If the defendant is not in custody, the defendant shall pay the costs of an evaluation or a program of rehabilitation ordered under (a)(1) — (3) of this section. If the defendant is in custody, the responsibility for costs shall be as provided in AS 33.30.028.




Sec. 12.55.102. Alcohol-related offenses.
 (a) The court may order as a condition of probation or generally as part of a sentence that a defendant convicted of an offense involving the use, consumption, or possession of an alcoholic beverage may not operate a motor vehicle during the period of probation unless the vehicle is equipped with a properly functioning, monitored, and maintained ignition interlock device. A condition of probation or sentence imposed under this subsection takes effect after any period of license revocation imposed under AS 28.15.165(d) or 28.15.181(c).

 (b) The court, in imposing probation or a condition of a sentence under (a) of this section, may allow the defendant limited privileges to drive a motor vehicle without an ignition interlock device if the court determines that the defendant is required as a condition of employment to drive a motor vehicle owned or leased by the defendant's employer and that the defendant's driving will not create substantial danger. If the court imposes probation described by this subsection, the court shall require the defendant to notify the defendant's employer of the probation, and shall require that the defendant, while driving the employer's vehicle, carry a letter from the employer authorizing the defendant to drive that vehicle.

 (c) A court imposing a condition of probation under this section shall require the surrender of the driver's license and shall issue to the defendant a certificate valid for the duration of the probation or a copy of the defendant's judgment of conviction. The defendant shall pay all costs associated with fulfilling the condition of probation, including installation, repair, and monitoring of an ignition interlock device.

 (d) The court may include the cost of the ignition interlock device as a part of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 28.35.032(g) or (p).

 (e) In this section,
     (1) “ignition interlock device” means equipment designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and that has been certified by the commissioner of corrections under AS 33.05.020(c);

     (2) [Repealed, § 12 ch 85 SLA 2010.]




Sec. 12.55.105. Probation fee. [Repealed, § 4 ch 26 SLA 1989.]
Sec. 12.55.110. Notice and grounds for revocation of suspension.
 (a) When sentence has been suspended, it may not be revoked except for good cause shown. In all proceedings for the revocation of a suspended sentence, the defendant is entitled to reasonable notice and the right to be represented by counsel.

 (b) Good cause justifying the revocation of a suspended sentence is established if the defendant 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).

 (c) [Repealed, § 138 ch 4 FSSLA 2019.]
 (d) [Repealed, § 138 ch 4 FSSLA 2019.]
 (e) [Repealed, § 138 ch 4 FSSLA 2019.]
 (f) [Repealed, § 138 ch 4 FSSLA 2019.]
 (g) [Repealed, § 138 ch 4 FSSLA 2019.]
 (h) [Repealed, § 138 ch 4 FSSLA 2019.]




Sec. 12.55.115. Fixing eligibility for discretionary parole at sentencing.
The court may, as part of a sentence of imprisonment, further restrict the eligibility of a prisoner for discretionary parole for a term greater than that required under AS 33.16.090 and 33.16.100.


Sec. 12.55.120. Appeal of sentence.
 (a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two years of unsuspended incarceration for a felony offense or exceeding 120 days for a misdemeanor offense may be appealed to the court of appeals by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the superior court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds two years of unsuspended incarceration for a felony offense or 120 days of unsuspended incarceration for a misdemeanor offense. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense.

 (b) A sentence of imprisonment lawfully imposed by the superior court may be appealed to the court of appeals by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant has not appealed the sentence, the court is not authorized to increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.

 (c) A sentence appeal under this section does not confer or enlarge the right to bail pending appeal. When the defendant, in the prosecution of a regular appeal, urges excessiveness of the sentence as an additional ground for appeal, the defendant's right to bail pending appeal is governed by the relevant statutes and the rules of the court.

 (d) A sentence of imprisonment lawfully imposed by the district court for a term or for aggregate terms exceeding 120 days of unsuspended incarceration may be appealed to the superior court by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the district court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds 120 days of unsuspended incarceration. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense. A sentence of imprisonment lawfully imposed by the district court may be appealed to the superior court by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.

 (e) A sentence within an applicable presumptive range set out in AS 12.55.125 or a consecutive or partially consecutive sentence imposed in accordance with the minimum sentences set out in AS 12.55.127 may not be appealed to the court of appeals under this section or AS 22.07.020 on the ground that the sentence is excessive. However, the sentence may be reviewed by an appellate court on the ground that it is excessive through a petition filed under rules adopted by the supreme court.

 (f) The victim of the crime for which a defendant has been convicted and sentenced may file a petition for review in an appellate court of a sentence that is below the sentencing range for the crime.




Sec. 12.55.125. Sentences of imprisonment for felonies.
 (a) A defendant convicted of murder in the first degree or murder of an unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment of at least 30 years but not more than 99 years. A defendant convicted of murder in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years when
     (1) the defendant is convicted of the murder of a uniformed or otherwise clearly identified peace officer, firefighter, or correctional employee who was engaged in the performance of official duties at the time of the murder;

     (2) the defendant has been previously convicted of
          (A) murder in the first degree under AS 11.41.100 or former AS 11.15.010 or 11.15.020;

          (B) murder in the second degree under AS 11.41.110 or former AS 11.15.030; or

          (C) homicide under the laws of another jurisdiction when the offense of which the defendant was convicted contains elements similar to first degree murder under AS 11.41.100 or second degree murder under AS 11.41.110;

     (3) the defendant subjected the murder victim to substantial physical torture;

     (4) the defendant is convicted of the murder of and personally caused the death of a person, other than a participant, during a robbery; or

     (5) the defendant is a peace officer who used the officer's authority as a peace officer to facilitate the murder.

 (b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than 99 years. A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150(a)(2) — (4) shall be sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years. A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child; or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 — 11.41.530. In this subsection, “legal guardian” and “position of authority” have the meanings given in AS 11.41.470.

 (c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
     (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, four to seven years;

     (2) if the offense is a first felony conviction
          (A) and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense, or knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the offense, seven to 11 years;

          (B) and the conviction is for manufacturing related to methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if
               (i) the manufacturing occurred in a building with reckless disregard that the building was used as a permanent or temporary home or place of lodging for one or more children under 18 years of age or the building was a place frequented by children; or

               (ii) in the course of manufacturing or in preparation for manufacturing, the defendant obtained the assistance of one or more children under 18 years of age or one or more children were present;

     (3) if the offense is a second felony conviction, 10 to 14 years;

     (4) if the offense is a third felony conviction and the defendant is not subject to sentencing under (l) of this section, 15 to 20 years.

 (d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
     (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, one to three years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of probation under AS 12.55.086, the defendant is required to serve an active term of imprisonment within the range specified in this paragraph, unless the court finds that a mitigation factor under AS 12.55.155 applies;

     (2) if the offense is a first felony conviction,
          (A) the defendant violated AS 11.41.130, and the victim was a child under 16 years of age, two to four years;

          (B) two to four years if the conviction is for attempt, solicitation, or conspiracy to manufacture related to methamphetamine under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and
               (i) the attempted manufacturing occurred, or the solicited or conspired offense was to have occurred, in a building with reckless disregard that the building was used as a permanent or temporary home or place of lodging for one or more children under 18 years of age or the building was a place frequented by children; or

               (ii) in the course of an attempt to manufacture, the defendant obtained the assistance of one or more children under 18 years of age or one or more children were present;

     (3) if the offense is a second felony conviction, three to seven years;

     (4) if the offense is a third felony conviction, six to 10 years.

 (e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
     (1) if the offense is a first felony conviction and does not involve circumstances described in (4) of this subsection, zero to two years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085, and the court may, as a condition of probation under AS 12.55.086, require the defendant to serve an active term of imprisonment within the range specified in this paragraph;

     (2) if the offense is a second felony conviction, two to four years;

     (3) if the offense is a third felony conviction, three to five years;

     (4) if the offense is a first felony conviction, and the defendant violated AS 08.54.720(a)(15), one to two years.

 (f) If a defendant is sentenced under (a) or (b) of this section,
     (1) imprisonment for the prescribed minimum or mandatory term may not be suspended under AS 12.55.080;

     (2) imposition of sentence may not be suspended under AS 12.55.085;

     (3) imprisonment for the prescribed minimum or mandatory term may not be reduced, except as provided in (j) of this section.

 (g) If a defendant is sentenced under (c), (d), (e), or (i) of this section, except to the extent permitted under AS 12.55.155 — 12.55.175,
     (1) imprisonment may not be suspended under AS 12.55.080 below the low end of the presumptive range;

     (2) and except as provided in (d)(1) or (e)(1) of this section, imposition of sentence may not be suspended under AS 12.55.085;

     (3) terms of imprisonment may not be otherwise reduced.

 (h) Nothing in this section or AS 12.55.135 limits the discretion of the sentencing judge except as specifically provided. Nothing in (a) of this section limits the court's discretion to impose a sentence of 99 years imprisonment, or to limit parole eligibility, for a person convicted of murder in the first or second degree in circumstances other than those enumerated in (a).

 (i) A defendant convicted of
     (1) sexual assault in the first degree, sexual abuse of a minor in the first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
          (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
               (i) less than 13 years of age, 25 to 35 years;

               (ii) 13 years of age or older, 20 to 30 years;

          (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;

          (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;

          (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;

          (E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;

          (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;

     (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
          (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
               (i) under 13 years of age, 20 to 30 years;

               (ii) 13 years of age or older, 15 to 30 years;

          (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;

          (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 25 to 35 years;

          (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 30 to 40 years;

          (E) if the offense is a third felony conviction, the offense does not involve circumstances described in (F) of this paragraph, and the defendant is not subject to sentencing under (l) of this section, 35 to 50 years;

          (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;

     (3) sexual assault in the second degree, sexual abuse of a minor in the second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the first degree under AS 11.41.458(b)(2), or distribution of child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
          (A) if the offense is a first felony conviction, five to 15 years;

          (B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, 10 to 25 years;

          (C) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 15 to 30 years;

          (D) if the offense is a third felony conviction and does not involve circumstances described in (E) of this paragraph, 20 to 35 years;

          (E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years;

     (4) sexual assault in the third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography, may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175:
          (A) if the offense is a first felony conviction and does not involve the circumstances described in (B) or (C) of this paragraph, two to 12 years;

          (B) if the offense is a first felony conviction under AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this paragraph, four to 12 years;

          (C) if the offense is a first felony conviction under AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create a mechanism for multi-party sharing or distribution of child pornography, or received a financial benefit or had a financial interest in a child pornography sharing or distribution mechanism, six to 14 years;

          (D) if the offense is a second felony conviction and does not involve circumstances described in (E) of this paragraph, eight to 15 years;

          (E) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 12 to 20 years;

          (F) if the offense is a third felony conviction and does not involve circumstances described in (G) of this paragraph, 15 to 25 years;

          (G) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years.

 (j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 years under (a) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory term without consideration of good time earned under AS 33.20.010, or (2) definite term of imprisonment under (l) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the definite term. A defendant may not file and a court may not entertain more than one motion for modification or reduction of a sentence subject to this subsection, regardless of whether or not the court granted or denied a previous motion.

 (k) [Repealed, § 32 ch 2 SLA 2005.]
 (l) Notwithstanding any other provision of law, a defendant convicted of an unclassified or class A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall be sentenced to a definite term of imprisonment of 99 years when the defendant has been previously convicted of two or more most serious felonies. If a defendant is sentenced to a definite term under this subsection,
     (1) imprisonment for the prescribed definite term may not be suspended under AS 12.55.080;

     (2) imposition of sentence may not be suspended under AS 12.55.085;

     (3) imprisonment for the prescribed definite term may not be reduced, except as provided in (j) of this section.

 (m) Notwithstanding (a)(4) and (f) of this section, if a court finds that imposition of a mandatory term of imprisonment of 99 years on a defendant subject to sentencing under (a)(4) of this section would be manifestly unjust, the court may sentence the defendant to a definite term of imprisonment otherwise permissible under (a) of this section.

 (n) In imposing a sentence within a presumptive range under (c), (d), (e), or (i) of this section, the total term, made up of the active term of imprisonment plus any suspended term of imprisonment, must fall within the presumptive range, and the active term of imprisonment may not fall below the lower end of the presumptive range.

 (o) [Repealed, § 179 ch. 36 SLA 2016.]
 (p) If the state seeks either (1) the imposition of a sentence under (a) of this section that would preclude the defendant from being awarded a good time deduction under AS 33.20.010(a) based on a fact other than a prior conviction; or (2) to establish a fact that would increase the presumptive sentencing range under (c)(2), (d)(2), (e)(4), (i)(1)(A) or (B), or (i)(2)(A) or (B) of this section, the factual question required to be decided shall be presented to a trial jury and proven beyond a reasonable doubt under procedures set by the court, unless the defendant waives trial by jury and either stipulates to the existence of the fact or consents to have the fact proven to the court sitting without a jury. Written notice of the intent to establish a fact under this subsection must be served on the defendant and filed with the court as provided for notice under AS 12.55.155(f)(2).

 (q) Other than for convictions subject to a mandatory 99-year sentence, the court shall impose, in addition to an active term of imprisonment imposed under (i) of this section, a minimum period of (1) suspended imprisonment of five years and a minimum period of probation supervision of 15 years for conviction of an unclassified felony, (2) suspended imprisonment of three years and a minimum period of probation supervision of 10 years for conviction of a class A or class B felony, or (3) suspended imprisonment of two years and a minimum period of probation supervision of five years for conviction of a class C felony. The period of probation is in addition to any sentence received under (i) of this section and may not be suspended or reduced. Upon a defendant's release from confinement in a correctional facility, the defendant is subject to the probation requirement under this subsection and shall submit and comply with the terms and requirements of the probation.




Sec. 12.55.127. Consecutive and concurrent terms of imprisonment.
 (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later judgment, amended judgment, or probation revocation shall be consecutive.

 (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single judgment, terms of imprisonment may be concurrent or partially concurrent.

 (c) If the defendant is being sentenced for
     (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;

     (2) two or more crimes under AS 11.41, a consecutive term of imprisonment shall be imposed for at least
          (A) the mandatory minimum term under AS 12.55.125(a) for each additional crime that is murder in the first degree;

          (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125(b);

          (C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is
               (i) manslaughter; or

               (ii) kidnapping that is a class A felony;

          (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally negligent homicide;

          (E) one-fourth of the presumptive term under AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410 or sexual abuse of a minor in the first degree under AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those offenses; and

          (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit the offense, under AS 11.41.200 — 11.41.250, 11.41.420 — 11.41.432, 11.41.436 — 11.41.458, or 11.41.500 — 11.41.520.

 (d) If the defendant is being sentenced for two or more crimes of distribution of child pornography under AS 11.61.125, possession of child pornography under AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a consecutive term of imprisonment shall be imposed for some additional term of imprisonment for each additional crime or each additional attempt or solicitation to commit the offense.

 (e) In this section,
     (1) “active term of imprisonment” means the total term of imprisonment imposed for a crime, minus suspended imprisonment;

     (2) “additional crime” means a crime that is not the primary crime;

     (3) “presumptive term” means the middle of the applicable presumptive range set out in AS 12.55.125;

     (4) “primary crime” means the crime
          (A) for which the sentencing court imposes the longest active term of imprisonment; or

          (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of imprisonment.




Sec. 12.55.135. Sentences of imprisonment for misdemeanors.
 (a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.

 (b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than 90 days unless otherwise specified in the provision of law defining the offense.

 (c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 — 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.

 (d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at
     (1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of
          (A) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or AS 11.61.118;

          (B) 30 days if the defendant violated AS 11.41.230(a)(3);

     (2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,
          (A) “school bus” has the meaning given in AS 11.71.900;

          (B) “school district” has the meaning given in AS 47.07.063;

          (C) “school grounds” has the meaning given in AS 11.71.900.

 (e) If a defendant is sentenced under (c), (d), or (h) of this section,
     (1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;

     (2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and

     (3) the minimum term of imprisonment may not otherwise be reduced.

 (f) A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.

 (g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of
     (1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;

     (2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.

 (h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.

 (i) If a defendant is sentenced under (g) of this section,
     (1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;

     (2) imposition of sentence may not be suspended;

     (3) the minimum term of imprisonment may not otherwise be reduced.

 (j) [Repealed, § 179 ch. 36 SLA 2016.]
 (k) In this section,
     (1) “crime against a person” means a crime under AS 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41;

     (2) “crime involving domestic violence” has the meaning given in AS 18.66.990;

     (3) “medical professional” means a person who is an advanced practice registered nurse, anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.

 (l) [Repealed, § 138 ch 4 FSSLA 2019.]
 (m) [Repealed, § 138 ch 4 FSSLA 2019.]
 (n) [Repealed, § 138 ch 4 FSSLA 2019.]
 (o) [Repealed, § 138 ch 4 FSSLA 2019.]
 (p) [Repealed, § 138 ch 4 FSSLA 2019.]




Sec. 12.55.137. Penalties for gang activities punishable as misdemeanors.
 (a) If a person commits an offense that would be a class B misdemeanor and the person committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, the offense is a class A misdemeanor.

 (b) If a person commits an offense that would be a class A misdemeanor and the person committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, the offense is a class C felony.




Sec. 12.55.139. Penalties for criminal nonsupport and aiding nonpayment of child support.
 (a) In addition to other penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the court may suspend, restrict, or revoke, for the period during which the arrearage continues to exist, a recreational license as defined in AS 09.50.020(c), if the defendant is a natural person.

 (b) In addition to other penalties imposed for the offense of aiding the nonpayment of child support in the first degree under AS 11.51.121 and for the offense of aiding the nonpayment of child support in the second degree under AS 11.51.122, the court may suspend, restrict, or revoke, for a period not to exceed one year, a recreational license as defined in AS 09.50.020(c), if the defendant is a natural person.




Sec. 12.55.140. Sentences for violations. [Repealed, § 23 ch 59 SLA 1982.]
Sec. 12.55.145. Prior convictions.
 (a) For purposes of considering prior convictions in imposing sentence under
     (1) AS 12.55.125(c), (d), or (e),
          (A) a prior conviction may not be considered if a period of 10 or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;

          (B) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony defined as such under Alaska law at the time the offense was committed is considered a prior felony conviction;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

     (2) AS 12.55.125(l),
          (A) a conviction in this or another jurisdiction of an offense having elements similar to those of a most serious felony is considered a prior most serious felony conviction;

          (B) commission of and conviction for offenses relied on as prior most serious felony offenses must occur in the following order: conviction for the first offense must occur before commission of the second offense, and conviction for the second offense must occur before commission of the offense for which the defendant is being sentenced;

     (3) AS 12.55.135(g),
          (A) a prior conviction may not be considered if a period of five or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;

          (B) a conviction in this or another jurisdiction of an offense having elements similar to those of a crime against a person or a crime involving domestic violence is considered a prior conviction;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

     (4) AS 12.55.125(i),
          (A) a conviction in this or another jurisdiction of an offense having elements similar to those of a sexual felony is a prior conviction for a sexual felony;

          (B) a felony conviction in another jurisdiction making it a crime to commit any lewd and lascivious act on a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the sexual desires of the defendant or the victim is a prior conviction for a sexual felony;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

          (D) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony defined as such under Alaska law at the time the offense was committed is considered a prior felony conviction.

 (b) When sentence is imposed under this chapter, prior convictions not expressly admitted by the defendant must be proved by authenticated copies of court records served on the defendant or the defendant's counsel at least 20 days before the date set for imposition of sentence.

 (c) The defendant shall file with the court and serve on the prosecuting attorney notice of denial, consisting of a concise statement of the grounds relied upon and that may be supported by affidavit or other documentary evidence, no later than 10 days before the date set for the imposition of sentence if the defendant
     (1) denies
          (A) the authenticity of a prior judgment of conviction;

          (B) that the defendant is the person named in the judgment;

          (C) that the elements of a prior offense committed in this or another jurisdiction are similar to those of a
               (i) felony defined as such under Alaska law;

               (ii) most serious felony, defined as such under Alaska law;

               (iii) crime against a person or a crime involving domestic violence;

          (D) that a prior conviction occurred within the period specified in (a)(1)(A) or (3)(A) of this section; or

          (E) that a previous conviction occurred in the order required under (a)(2)(B) of this section; or

     (2) alleges that two or more purportedly separate prior convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section.

 (d) Matters alleged in a notice of denial shall be heard by the court sitting without a jury. If the defendant introduces substantial evidence that the defendant is not the person named in a prior judgment of conviction, that the judgment is not authentic, that the conviction did not occur within the period specified in (a)(1)(A) or (3)(A) of this section, that a conviction should not be considered a prior felony conviction under (a)(1)(B) of this section, a prior most serious felony conviction under (a)(2)(A) of this section, or a prior crime against a person or a crime involving domestic violence conviction under (a)(3)(B) of this section, or that a previous conviction did not occur in the order required under (a)(2)(B) of this section, then the burden is on the state to prove the contrary beyond a reasonable doubt. The burden of proof that two or more convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section is on the defendant by clear and convincing evidence.

 (e) The authenticated judgments of courts of record of the United States, the District of Columbia, or of any state, territory, or political subdivision of the United States are prima facie evidence of conviction.

 (f) Under this section, a prior conviction has occurred when a defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict of guilty or guilty but mentally ill has been returned by a jury or by the court.

 (g) In this section,
     (1) “crime against a person” has the meaning given in AS 12.55.135;

     (2) “crime involving domestic violence” has the meaning given in AS 18.66.990.




Sec. 12.55.147. Fingerprints at time of sentencing.
When a defendant is convicted of a felony by a court of this state, the defendant's fingerprints shall be placed on the judgment of conviction in open court, on the record, at the time of sentencing. The defendant and the person administering the fingerprinting shall sign their names under the fingerprints.


Sec. 12.55.148. Judgment for sex offenses or child kidnappings.
 (a) When a defendant is convicted of a sex offense or child kidnapping by a court of this state, the written judgment must set out the requirements of AS 12.63.010 and, if it can be determined by the court, whether that conviction will require the offender or kidnapper to register for life or a lesser period under AS 12.63.

 (b) In this section, “sex offense” and “child kidnapping” have the meanings given in AS 12.63.100.




Sec. 12.55.151. Court may not reduce or mitigate punishment based on victim's failure to appear or testify.
Notwithstanding another provision of law, when sentencing a defendant, a court may not mitigate or reduce the punishment of the defendant based on, or otherwise consider as a mitigating factor or reason to impose a lesser punishment, the failure of the crime victim to appear or testify.


Sec. 12.55.155. Factors in aggravation and mitigation.
 (a) Except as provided in (e) of this section, if a defendant is convicted of an offense and is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and
     (1) the low end of the presumptive range is four years or less, the court may impose any sentence below the presumptive range for factors in mitigation or may increase the active term of imprisonment up to the maximum term of imprisonment for factors in aggravation;

     (2) the low end of the presumptive range is more than four years, the court may impose a sentence below the presumptive range as long as the active term of imprisonment is not less than 50 percent of the low end of the presumptive range for factors in mitigation or may increase the active term of imprisonment up to the maximum term of imprisonment for factors in aggravation.

 (b) Sentences under this section that are outside of the presumptive ranges set out in AS 12.55.125 shall be based on the totality of the aggravating and mitigating factors set out in (c) and (d) of this section.

 (c) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence above the presumptive range set out in AS 12.55.125:
     (1) a person, other than an accomplice, sustained physical injury as a direct result of the defendant's conduct;

     (2) the defendant's conduct during the commission of the offense manifested deliberate cruelty to another person;

     (3) the defendant was the leader of a group of three or more persons who participated in the offense;

     (4) the defendant employed a dangerous instrument in furtherance of the offense;

     (5) the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or extreme youth or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance;

     (6) the defendant's conduct created a risk of imminent physical injury to three or more persons, other than accomplices;

     (7) a prior felony conviction considered for the purpose of invoking a presumptive range under this chapter was of a more serious class of offense than the present offense;

     (8) the defendant's prior criminal history includes conduct involving aggravated assaultive behavior, repeated instances of assaultive behavior, repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) — (5), or a combination of assaultive behavior and cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) — (5); in this paragraph, “aggravated assaultive behavior” means assault that is a felony under AS 11.41, or a similar provision in another jurisdiction;

     (9) the defendant knew that the offense involved more than one victim;

     (10) the conduct constituting the offense was among the most serious conduct included in the definition of the offense;

     (11) the defendant committed the offense under an agreement that the defendant either pay or be paid for the commission of the offense, and the pecuniary incentive was beyond that inherent in the offense itself;

     (12) the defendant was on release under AS 12.30 for another felony charge or conviction or for a misdemeanor charge or conviction having assault as a necessary element;

     (13) the defendant knowingly directed the conduct constituting the offense at an active officer of the court or at an active or former judicial officer, prosecuting attorney, law enforcement officer, correctional employee, firefighter, emergency medical technician, paramedic, ambulance attendant, or other emergency responder during or because of the exercise of official duties;

     (14) the defendant was a member of an organized group of five or more persons, and the offense was committed to further the criminal objectives of the group;

     (15) the defendant has three or more prior felony convictions;

     (16) the defendant's criminal conduct was designed to obtain substantial pecuniary gain and the risk of prosecution and punishment for the conduct is slight;

     (17) the offense was one of a continuing series of criminal offenses committed in furtherance of illegal business activities from which the defendant derives a major portion of the defendant's income;

     (18) the offense was a felony
          (A) specified in AS 11.41 and was committed against a spouse, a former spouse, or a member of the social unit made up of those living together in the same dwelling as the defendant;

          (B) specified in AS 11.41.410 — 11.41.458 and the defendant has engaged in the same or other conduct prohibited by a provision of AS 11.41.410 — 11.41.460 involving the same or another victim;

          (C) specified in AS 11.41 that is a crime involving domestic violence and was committed in the physical presence or hearing of a child under 16 years of age who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the crime involving domestic violence occurred;

          (D) specified in AS 11.41 and was committed against a person with whom the defendant has a dating relationship or with whom the defendant has engaged in a sexual relationship; or

          (E) specified in AS 11.41.434 — 11.41.458 or AS 11.61.128 and the defendant was 10 or more years older than the victim;

     (19) the defendant's prior criminal history includes an adjudication as a delinquent for conduct that would have been a felony if committed by an adult;

     (20) the defendant was on furlough under AS 33.30 or on parole or probation for another felony charge or conviction that would be considered a prior felony conviction under AS 12.55.145(a)(1)(B);

     (21) the defendant has a criminal history of repeated instances of conduct violative of criminal laws, whether punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced under this section;

     (22) the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin;

     (23) the defendant is convicted of an offense specified in AS 11.71 and
          (A) the offense involved the delivery of a controlled substance under circumstances manifesting an intent to distribute the substance as part of a commercial enterprise; or

          (B) at the time of the conduct resulting in the conviction, the defendant was caring for or assisting in the care of a child under 10 years of age;

     (24) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the transportation of controlled substances into the state;

     (25) the defendant is convicted of an offense specified in AS 11.71 and the offense involved large quantities of a controlled substance;

     (26) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance that had been adulterated with a toxic substance;

     (27) the defendant, being 18 years of age or older,
          (A) is legally accountable under AS 11.16.110(2) for the conduct of a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; or

          (B) is aided or abetted in planning or committing the offense by a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant;

     (28) the victim of the offense is a person who provided testimony or evidence related to a prior offense committed by the defendant;

     (29) the defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang;

     (30) the defendant is convicted of an offense specified in AS 11.41.410 — 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to the victim in furtherance of the offense with the intent to make the victim incapacitated; in this paragraph, “incapacitated” has the meaning given in AS 11.41.470;

     (31) the defendant's prior criminal history includes convictions for five or more crimes in this or another jurisdiction that are class A misdemeanors under the law of this state, or having elements similar to a class A misdemeanor; two or more convictions arising out of a single continuous episode are considered a single conviction; however, an offense is not a part of a continuous episode if committed while attempting to escape or resist arrest or if it is an assault on a uniformed or otherwise clearly identified peace officer or correctional employee; notice and denial of convictions are governed by AS 12.55.145(b) — (d);

     (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the offense occurred on school grounds, on a school bus, at a school-sponsored event, or in the administrative offices of a school district if students are educated at that office; in this paragraph,
          (A) “school bus” has the meaning given in AS 11.71.900;

          (B) “school district” has the meaning given in AS 47.07.063;

          (C) “school grounds” has the meaning given in AS 11.71.900;

     (33) the offense was a felony specified in AS 11.41.410 — 11.41.455, the defendant had been previously diagnosed as having or having tested positive for HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV or AIDS; in this paragraph, “HIV” and “AIDS” have the meanings given in AS 18.15.310;

     (34) the defendant committed the offense on, or to affect persons or property on, the premises of a recognized shelter or facility providing services to victims of domestic violence or sexual assault;

     (35) the defendant knowingly directed the conduct constituting the offense at a victim because that person was 65 years of age or older;

     (36) the defendant committed the offense at a health care facility and knowingly directed the conduct constituting the offense at a medical professional during or because of the medical professional's exercise of professional duties; in this paragraph,
          (A) “health care facility” has the meaning given in AS 18.07.111;

          (B) “medical professional” has the meaning given in AS 12.55.135(k);

     (37) the defendant knowingly caused the victim to become unconscious by means of a dangerous instrument; in this paragraph, “dangerous instrument” has the meaning given in AS 11.81.900(b)(15)(B).

 (d) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence below the presumptive range set out in AS 12.55.125:
     (1) the offense was principally accomplished by another person, and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim;

     (2) the defendant, although an accomplice, played only a minor role in the commission of the offense;

     (3) the defendant committed the offense under some degree of duress, coercion, threat, or compulsion insufficient to constitute a complete defense, but that significantly affected the defendant's conduct;

     (4) the conduct of a youthful defendant was substantially influenced by another person more mature than the defendant;

     (5) the conduct of an aged defendant was substantially a product of physical or mental infirmities resulting from the defendant's age;

     (6) in a conviction for assault under AS 11.41.200 — 11.41.220, the defendant acted with serious provocation from the victim;

     (7) except in the case of a crime defined by AS 11.41.410 — 11.41.470, the victim provoked the crime to a significant degree;

     (8) before the defendant knew that the criminal conduct had been discovered, the defendant fully compensated or made a good faith effort to fully compensate the victim of the defendant's criminal conduct for any damage or injury sustained;

     (9) the conduct constituting the offense was among the least serious conduct included in the definition of the offense;

     (10) the defendant was motivated to commit the offense solely by an overwhelming compulsion to provide for emergency necessities for the defendant's immediate family;

     (11) after commission of the offense for which the defendant is being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other persons who committed an offense;

     (12) the facts surrounding the commission of the offense and any previous offenses by the defendant establish that the harm caused by the defendant's conduct is consistently minor and inconsistent with the imposition of a substantial period of imprisonment;

     (13) the defendant is convicted of an offense specified in AS 11.71 and the offense involved small quantities of a controlled substance;

     (14) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance, other than a schedule IA controlled substance, to a personal acquaintance who is 19 years of age or older for no profit;

     (15) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the possession of a small amount of a controlled substance for personal use in the defendant's home;

     (16) in a conviction for assault or attempted assault or for homicide or attempted homicide, the defendant acted in response to domestic violence perpetrated by the victim against the defendant and the domestic violence consisted of aggravated or repeated instances of assaultive behavior;

     (17) except in the case of an offense defined by AS 11.41 or AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the time of sentencing, has successfully completed a court-ordered treatment program as defined in AS 28.35.028 that was begun after the offense was committed;

     (18) except in the case of an offense defined under AS 11.41 or AS 11.46.400 or a defendant who has previously been convicted of a felony, the defendant committed the offense while suffering from a mental disease or defect as defined in AS 12.47.130 that was insufficient to constitute a complete defense but that significantly affected the defendant's conduct;

     (19) the defendant is convicted of an offense under AS 11.71, and the defendant sought medical assistance for another person who was experiencing a drug overdose contemporaneously with the commission of the offense;

     (20) except in the case of an offense defined under AS 11.41 or AS 11.46.400, the defendant committed the offense while suffering from a condition diagnosed
          (A) as a fetal alcohol spectrum disorder, the fetal alcohol spectrum disorder substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and the fetal alcohol spectrum disorder, though insufficient to constitute a complete defense, significantly affected the defendant's conduct; in this subparagraph, “fetal alcohol spectrum disorder” means a condition of impaired brain function in the range of permanent birth defects caused by maternal consumption of alcohol during pregnancy; or

          (B) as combat-related post-traumatic stress disorder or combat-related traumatic brain injury, the combat-related post-traumatic stress disorder or combat-related traumatic brain injury substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and the combat-related post-traumatic stress disorder or combat-related traumatic brain injury, though insufficient to constitute a complete defense, significantly affected the defendant's conduct; in this subparagraph, “combat-related post-traumatic stress disorder or combat-related traumatic brain injury” means post-traumatic stress disorder or traumatic brain injury resulting from combat with an enemy of the United States in the line of duty while on active duty as a member of the armed forces of the United States; nothing in this subparagraph is intended to limit the application of (18) of this subsection;

     (21) the defendant, as a condition of release ordered by the court, successfully completed an alcohol and substance abuse monitoring program established under AS 47.38.020.

 (e) If a factor in aggravation is a necessary element of the present offense, or requires the imposition of a sentence within the presumptive range under AS 12.55.125(c)(2), that factor may not be used to impose a sentence above the high end of the presumptive range. If a factor in mitigation is raised at trial as a defense reducing the offense charged to a lesser included offense, that factor may not be used to impose a sentence below the low end of the presumptive range.

 (f) If the state seeks to establish a factor in aggravation at sentencing
     (1) under (c)(7), (8), (12), (15), (18)(B), (19), (20), (21), or (31) of this section, or if the defendant seeks to establish a factor in mitigation at sentencing, written notice must be served on the opposing party and filed with the court not later than 10 days before the date set for imposition of sentence; the factors in aggravation listed in this paragraph and factors in mitigation must be established by clear and convincing evidence before the court sitting without a jury; all findings must be set out with specificity;

     (2) other than one listed in (1) of this subsection, the factor shall be presented to a trial jury under procedures set by the court, unless the defendant waives trial by jury, stipulates to the existence of the factor, or consents to have the factor proven under procedures set out in (1) of this subsection; a factor in aggravation presented to a jury is established if proved beyond a reasonable doubt; written notice of the intent to establish a factor in aggravation must be served on the defendant and filed with the court
          (A) 20 days before trial, or at another time specified by the court;

          (B) within 48 hours, or at a time specified by the court, if the court instructs the jury about the option to return a verdict for a lesser included offense; or

          (C) five days before entering a plea that results in a finding of guilt, or at another time specified by the court.

 (g) Voluntary alcohol or other drug intoxication or chronic alcoholism or other drug addiction may not be considered an aggravating or mitigating factor.

 (h) If one of the aggravating factors in (c) of this section is established as provided in (f)(1) and (2) of this section, the court may increase the term of imprisonment up to the maximum term of imprisonment. Any additional aggravating factor may then be established by clear and convincing evidence by the court sitting without a jury, including an aggravating factor that the jury has found not to have been established beyond a reasonable doubt.

 (i) In this section, “serious provocation” has the meaning given in AS 11.41.115(f).




Sec. 12.55.165. Extraordinary circumstances.
 (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS 12.55.175.

 (b) In making a determination under (a) of this section, the court may not refer a case to a three-judge panel based on the defendant's potential for rehabilitation if the court finds that a factor in aggravation set out in AS 12.55.155(c)(2), (8), (10), (12), (15), (17), (18)(B), (20), (21), or (28) is present.

 (c) A court may not refer a case to a three-judge panel under (a) of this section if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the request for the referral is based solely on the claim that the defendant, either singly or in combination, has
     (1) prospects for rehabilitation that are less than extraordinary; or

     (2) a history free of unprosecuted, undocumented, or undetected sexual offenses.

 (d) A court may not refer a case to a three-judge panel under (a) of this section if the request for referral is based, in whole or in part, on the claim that a sentence within the presumptive range may result in the classification of the defendant as deportable under federal immigration law.




Sec. 12.55.172. [Renumbered as AS 12.55.180.]
Sec. 12.55.175. Three-judge sentencing panel.
 (a) There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance with rules and for terms as may be prescribed by the supreme court. Three judges of the panel shall be designated by the chief justice as members. The remaining two judges shall be designated by the chief justice as first and second alternates to sit as members in the event of disqualification or disability in accordance with rules as may be prescribed by the supreme court.

 (b) Upon receipt of a record of proceedings under AS 12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel supplements the record, the panel shall permit the victim to testify before the panel. If the panel finds that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS 12.55.125.

 (c) The three-judge panel may in the interest of justice sentence the defendant to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS 12.55.015.

 (d) Sentencing of a defendant or remanding of a case under this section shall be by a majority of the three-judge panel.

 (e) If the three-judge panel determines under (b) of this section that manifest injustice would result from imposition of a sentence within the presumptive range and the panel also finds that the defendant has an exceptional potential for rehabilitation and that a sentence of less than the presumptive range should be imposed because of the defendant's exceptional potential for rehabilitation, the panel
     (1) shall sentence the defendant within the presumptive range required under AS 12.55.125 or as permitted under AS 12.55.155;

     (2) shall order the defendant under AS 12.55.015 to engage in appropriate programs of rehabilitation; and

     (3) may provide that the defendant is eligible for discretionary parole under AS 33.16.090 during the second half of the sentence imposed under this subsection if the defendant successfully completes all rehabilitation programs ordered under (2) of this subsection.

 (f) A defendant being sentenced for a sexual felony under AS 12.55.125(i) may not establish, nor may the three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposition of a sentence within the presumptive range based solely on the claim that the defendant, either singly or in combination, has
     (1) prospects for rehabilitation that are less than extraordinary; or

     (2) a history free of unprosecuted, undocumented, or undetected sexual offenses.

 (g) A defendant being sentenced under AS 12.55.125(c), (d), (e), or (i) may not establish, nor may a three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposing a sentence within the presumptive range based, in whole or in part, on the claim that the sentence may result in the classification of the defendant as deportable under federal immigration law.




Sec. 12.55.180. Designation of representative.
If more than one person who qualifies as a victim under AS 12.55.185 desires notice under AS 12.55.088, the prosecuting attorney shall designate one person to represent all victims for purposes of receiving the notice required and exercising the rights granted under this chapter.


Sec. 12.55.185. Definitions.
In this chapter, unless the context requires otherwise,
     (1) “active term of imprisonment” has the meaning given in AS 12.55.127;

     (2) “building” has the meaning given in AS 11.81.900;

     (3) “crime against a person” has the meaning given in AS 33.30.901;

     (4) “criminal street gang” has the meaning given in AS 11.81.900(b);

     (5) “dangerous instrument” has the meaning given in AS 11.81.900;

     (6) “domestic violence” has the meaning given in AS 18.66.990;

     (7) “firearm” has the meaning given in AS 11.81.900;

     (8) “first felony conviction” means that the defendant has not been previously convicted of a felony;

     (9) “judicial officer” has the meaning given in AS 11.56.900;

     (10) “most serious felony” means
          (A) arson in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41; or

          (B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;

     (11) “paramedic” means a mobile intensive care paramedic licensed under AS 08.64;

     (12) “peace officer” has the meaning given in AS 11.81.900;

     (13) “pecuniary gain” means the amount of money or value of property at the time of commission of the offense derived by the defendant from the commission of the offense, less the amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority before sentence is imposed;

     (14) “second felony conviction” means that the defendant previously has been convicted of a felony;

     (15) “serious physical injury” has the meaning given in AS 11.81.900;

     (16) “sexual felony” means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), distribution of child pornography, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;

     (17) “third felony conviction” means that the defendant has been at least twice previously convicted of a felony;

     (18) “unconditional discharge” means that a defendant is released from all disability arising under a sentence, including probation and parole;

     (19) “victim” means
          (A) a person against whom an offense has been perpetrated;

          (B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:
               (i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or

               (ii) a parent, adult child, guardian, or custodian of the person;

          (C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:
               (i) a person living in a spousal relationship with the deceased before the deceased died;

               (ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or

               (iii) any other interested person, as may be designated by a person having authority in law to do so.