Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.47.110 Commitment on finding of incompetency.
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(a) When the trial court determines by a preponderance of the evidence, in accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense, the court shal…
AS 12.47.120 Determination of sanity after commitment.
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(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, …
AS 12.47.130 Definitions.
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In this chapter, (1) “affirmative defense” has the meaning given in AS 11.81.900(b); (2) “assist in the defendant's own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning; (3) “culpable mental state” has the meaning given in AS 11…
AS 12.50.010 Witness subpoenaed in this state to testify in another state.
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(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within the state to attend and testify in this state certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury …
AS 12.50.020 Witness from another state subpoenaed to testify in this state.
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(a) If a person in a state which by its laws has made provision for commanding persons inside its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state as a material witness in a criminal action pending in…
AS 12.50.030 Immunity of witness from arrest or service of process.
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If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person shall not, while in this state pursuant to the subpoena, be subject to arrest or the service of process, civil or criminal, in connection with matters…
AS 12.50.040 Immunity of foreign witness passing through state from arrest or process.
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If a person passes through this state while going to another state in obedience to a subpoena to attend and testify in that state or while returning therefrom, the person shall not, while so passing through this state, be subject to arrest or the service of process, civil or crim…
AS 12.50.050 Party seeking witness.
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The right to obtain witnesses under AS 12.50.010 — 12.50.080 in criminal proceedings shall extend to the state or a defendant. Witness fees shall be paid by the party calling the witness, except as provided in Rule 17(b), Alaska Rules of Criminal Procedure. If the time estimate i…
AS 12.50.060 Uniformity of interpretation.
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AS 12.50.010 — 12.50.080 shall be so interpreted and construed as to effectuate the general purpose to make uniform the laws of the states which enact similar legislation.
AS 12.50.070 Definitions.
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In AS 12.50.010 — 12.50.080, (1) “state” means a state, territory of the United States, and the District of Columbia; (2) “subpoena” includes a summons in a state where a summons is used in lieu of subpoena, order, or other notice requiring the appearance of a witness; the word s…
AS 12.50.080 Short title.
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AS 12.50.010 — 12.50.080 may be cited as the Uniform Act to Secure Attendance of Witnesses in Criminal Proceedings.
AS 12.50.090 Secs. 12.50.090 — 12.50.100. Material witnesses. [Repealed, § 2 ch 20 SLA 1966. For current law, see AS 12.30.050.]
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Article 2. Witness Immunity. For current law, see AS 12.30.050. For current law, see AS 12.30.050. Article 3. Temporary Detention and Identification of Persons.
AS 12.50.101 Immunity of witnesses.
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(a) If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a criminal proceeding before or ancillary to a court or grand jury of this state, and a judge issues an order under (b) of this section, the witness may …
AS 12.50.201 Temporary detention and identification of persons.
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(a) A peace officer may temporarily detain a person under circumstances that give the officer reasonable suspicion that (1) the person witnessed or was at or near the scene of the commission of a felony crime against a person under AS 11.41, arson under AS 11.46.400 or 11.46.410,…
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…