Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.55.005 Declaration of purpose.
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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 …
AS 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 [Repealed, § 21 ch 166 SLA 1978.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).]
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[Repealed or reserved.]
AS 12.55.011 Victim and community involvement in sentencing.
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(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 neg…
AS 12.55.015 Authorized sentences; forfeiture.
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(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 unde…
AS 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 [Repealed, § 21 ch 166 SLA 1978.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.]
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[Repealed or reserved.]
AS 12.55.022 Victim impact statement.
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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 re…
AS 12.55.023 Participation by victim in sentencing.
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(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 th…
AS 12.55.025 Sentencing procedures.
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(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 p…
AS 12.55.027 Credit for time spent toward service of a sentence of imprisonment.
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(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 mo…
AS 12.55.030 Discharge of indigents imprisoned for nonpayment of fine. [Repealed, § 16 ch 53 SLA 1973.]
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[Repealed or reserved.]
AS 12.55.035 Fines.
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(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 prov…
AS 12.55.036 Day fines. [Repealed, § 4 ch 33 SLA 2009.]
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[Repealed or reserved.]
AS 12.55.039 Surcharge.
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(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 …
AS 12.55.040 Increased punishment for habitual criminal after conviction of petty larceny or misdemeanor involving fraud. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 12.55.041 Correctional facility surcharge.
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(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 …
AS 12.55.045 Restitution and compensation.
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(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 …
AS 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.]
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[Repealed or reserved.]
AS 12.55.051 Enforcement of fines and restitution.
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(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…
AS 12.55.055 Community work.
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(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 senten…
AS 12.55.060 Secs. 12.55.060 — 12.55.075. Prior convictions; sentencing reports; imposition of sentence. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 12.55.078 Suspending entry of judgment.
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(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 pro…
AS 12.55.080 Suspension of sentence and probation.
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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 suspen…
AS 12.55.085 Suspending imposition of sentence.
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(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 …
AS 12.55.086 Imprisonment as a condition of suspended imposition of sentence.
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(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 im…
AS 12.55.088 Modification of sentence.
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(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 o…
AS 12.55.090 Granting of probation.
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(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 prob…
AS 12.55.100 Conditions of probation.
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(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…
AS 12.55.101 Additional conditions of probation for domestic violence crimes.
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(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,…
AS 12.55.102 Alcohol-related offenses.
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(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…
AS 12.55.105 Probation fee. [Repealed, § 4 ch 26 SLA 1989.]
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[Repealed or reserved.]
AS 12.55.110 Notice and grounds for revocation of suspension.
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(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 revocat…
AS 12.55.115 Fixing eligibility for discretionary parole at sentencing.
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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.
AS 12.55.120 Appeal of sentence.
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(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 o…
AS 12.55.125 Sentences of imprisonment for felonies.
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(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 senten…
AS 12.55.127 Consecutive and concurrent terms of imprisonment.
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(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 sen…
AS 12.55.135 Sentences of imprisonment for misdemeanors.
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(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 speci…
AS 12.55.137 Penalties for gang activities punishable as misdemeanors.
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(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 …
AS 12.55.139 Penalties for criminal nonsupport and aiding nonpayment of child support.
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(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 i…
AS 12.55.140 Sentences for violations. [Repealed, § 23 ch 59 SLA 1982.]
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[Repealed or reserved.]
AS 12.55.145 Prior convictions.
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(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 p…
AS 12.55.147 Fingerprints at time of sentencing.
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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 n…
AS 12.55.148 Judgment for sex offenses or child kidnappings.
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(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 registe…
AS 12.55.151 Court may not reduce or mitigate punishment based on victim's failure to appear or testify.
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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 t…
AS 12.55.155 Factors in aggravation and mitigation.
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(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 presumptiv…
AS 12.55.165 Extraordinary circumstances.
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(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 12.5…
AS 12.55.172 [Renumbered as AS 12.55.180.]
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[Repealed or reserved.]
AS 12.55.175 Three-judge sentencing panel.
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(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 member…
AS 12.55.180 Designation of representative.
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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.
AS 12.55.185 Definitions.
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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” ha…