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Alaska Statutes, Title 33

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Title 33, Probation, Prisons, Pardons, and Prisoners

11 chapters · 116 sections in this title.

All chapters in Title 33116 Ch 30, Prison Facilities and Prisoners.45 Ch 16, Parole Administration.32 Ch 36, Interstate Corrections Compacts.14 Ch 05, Probation Administration Act.9 Ch 20, Remission of Sentences; Executive Pa…7 Ch 07, Pretrial Services Program.5 Ch 35, Agreement on Detainers.4

116 sections·Filtered byTitle 33✕

AS 33.20.060 Restoration of forfeited good time.
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The commissioner of corrections may restore all or a portion of a prisoner's forfeited good time, under regulations adopted by the commissioner, if the prisoner demonstrates progress in faithfully observing the rules of the correctional facility in which the prisoner is confined.…
AS 33.20.070 Governor may grant pardons, commutations, and reprieves.
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The governor may grant pardons, commutations of sentence, and reprieves, and suspend and remit fines and forfeitures in whole or part for offenses against the laws of the State of Alaska or the Territory of Alaska.
AS 33.20.080 Required notices and investigation by the board of parole.
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(a) The governor may not grant executive clemency to a person unless the governor has first provided notice of consideration of executive clemency to the board of parole for investigation and at least 120 days have elapsed since the notice required under (b) of this section has b…
AS 33.30.011 Duties of commissioner.
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(a) The commissioner shall (1) establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; each correctional facility operated …

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

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(a) Within 30 days before release of a sex offender or child kidnapper with a duty to register under AS 12.63, the commissioner shall complete the registration of the sex offender or child kidnapper if the offender or kidnapper has not previously registered. The commissioner shal…

AS 33.30.013 Commissioner to notify victims.

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(a) The commissioner shall notify the victim if (1) the offender escapes from custody; (2) the offender is discharged from parole under AS 33.16; (3) the offender is released to the community on a furlough, on an early release program, or for any other reason; or (4) the commissi…

AS 33.30.015 Living conditions for prisoners.

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(a) The commissioner may not (1) make per capita expenditures for food for prisoners in a state correctional facility operated by the state that exceed 90 percent of per capita expenditures for food that is available to enlisted personnel in the United States Army stationed in th…

AS 33.30.017 Fees for utilities services for prisoners.

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(a) The commissioner shall establish a reasonable utility fee for electrical utilities that are used by prisoners who are confined in a state correctional facility. (b) The commissioner shall (1) charge each prisoner who possesses at least one major electrical appliance the utili…

AS 33.30.021 Regulations.

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The commissioner shall adopt regulations to implement this chapter.

AS 33.30.025 Siting of prison facilities.

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The commissioner shall notify each community council established by municipal charter or ordinance of the department's plans to locate a prison facility or to contract for the operation of a prison facility, community residential facility, or other rehabilitation program if the f…

AS 33.30.026 Procurement Code applicable to contracts.

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

AS 33.30.028 Responsibility for costs of medical care.

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(a) Notwithstanding any other provision of law, the liability for payment of the costs of medical, psychological, and psychiatric care provided or made available to a prisoner committed to the custody of the commissioner is, subject to (b) of this section, the responsibility of t…

AS 33.30.031 Contracts for confinement and care of prisoners.

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(a) The commissioner shall determine the availability of state correctional facilities suitable for the detention and confinement of persons held under authority of state law or under agreement entered into under (e) of this section. If the commissioner determines that suitable s…

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

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The department shall provide written notice to a sex offender or child kidnapper of the registration, verification, and change of address requirements of AS 12.63.010 and shall obtain a written receipt of notice from the sex offender or child kidnapper (1) at the time of the sex …

AS 33.30.041 Lease of correctional facility to municipality.

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(a) If the commissioner determines that it would be in the best interest of the state, the commissioner may enter into an agreement with a municipality of the state for the lease of a state correctional facility or for the use and operation of a state correctional facility for th…

AS 33.30.051 Commitment to commissioner.

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(a) A person convicted of an offense against the state shall be committed to the custody of the commissioner for the term of imprisonment that the court directs. (b) A person restrained under AS 26.05.400 or convicted of an offense by court-martial under AS 26.05 and confined und…

AS 33.30.061 Commissioner to designate facility.

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(a) The commissioner shall designate the correctional facility to which a prisoner is to be committed to serve a term of imprisonment or period of temporary commitment. The commissioner may designate a facility without regard to whether it is maintained by the state, is located w…

AS 33.30.065 Service of sentence by electronic monitoring.

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(a) If the commissioner designates a prisoner to serve the prisoner's term of imprisonment or period of temporary commitment, or a part of the term or period, by electronic monitoring, the commissioner shall direct the prisoner to serve the term or period at the prisoner's reside…

AS 33.30.071 Responsibility for prisoners pending commitment.

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(a) The commissioner is not responsible for providing custody, care, and discipline for a person detained under AS 47.30.705 or AS 47.37.170 unless the person is admitted into a state correctional facility. (b) The responsibility of the commissioner under AS 33.30.011 begins when…

AS 33.30.081 Transportation of prisoners.

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(a) The commissioner of public safety is responsible for transporting a prisoner to and from the court having jurisdiction over the prisoner and for delivering a prisoner to a correctional facility upon temporary or final commitment by a court or upon transfer of a prisoner from …

AS 33.30.091 Designation of programs.

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Except as provided in AS 33.30.111 and 33.30.161, the commissioner may assign a prisoner committed to the commissioner's custody to a program established under AS 33.30.011(a)(3) considering (1) safeguards to the public; (2) the prospects for the prisoner's rehabilitation; (3) th…

AS 33.30.095 Duties of commissioner before release of prisoner.

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(a) The commissioner shall establish a program to prepare a prisoner who is serving a sentence of imprisonment exceeding one year for the prisoner's discharge, release on parole or probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the date of the pri…

AS 33.30.101 Furloughs.

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(a) The commissioner shall adopt regulations governing the granting of prerelease and short-duration furloughs to prisoners (1) to obtain counseling and treatment for alcohol or drug abuse; (2) to secure or attend vocational training; (3) to obtain medical or psychiatric treatmen…

AS 33.30.105 Identification cards.

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(a) The department shall issue an identification card that is substantially similar to the motor vehicle operator's license provided for in AS 28.15.111, except that the card may be a different color and shall state in bold type letters on its face that it is for identification p…

AS 33.30.111 Prerelease furloughs.

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(a) Furlough programs established under AS 33.30.101 must include prerelease furloughs designed to facilitate the reintegration of a prisoner into society. (b) A facility that is specifically adapted to provide a residence outside prison, including a halfway house, group home, or…

AS 33.30.121 Short-duration furloughs.

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(a) A short-duration furlough is an authorized leave of absence from a correctional facility for a period not to exceed 12 hours at any one time, except for (1) family visitations, that may not exceed one week or occur more frequently than once in each four-month period; or (2) m…

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

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(a) The commissioner may grant a prerelease or short-duration furlough to permit a prisoner to participate in suitable employment under conditions and at wages that represent the prevailing standard for the area. A prisoner may not participate in employment where an organized lab…

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

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(a) If, after a hearing, a prisoner on a furlough is found to have violated the conditions established for the prisoner's conduct, the commissioner may immediately require the return of the prisoner to actual confinement for a period not to exceed the balance of the term of impri…

AS 33.30.151 Correctional restitution centers.

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(a) The commissioner shall establish correctional restitution centers in the state. The purpose of the centers is to provide certain offenders with rehabilitation through comprehensive treatment for substance abuse, cognitive behavioral disorders, and other criminal risk factors,…

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

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(a) The commissioner may not allow a prisoner to serve time in a correctional restitution center unless the commissioner specifically finds that the prisoner meets the eligibility requirements of this section. (b) To be eligible to serve time in a correctional restitution center,…

AS 33.30.171 Community advisory committees.

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

AS 33.30.181 Confinement to the center.

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(a) A prisoner shall be confined to the center at all times except while (1) at work and traveling to and from work; (2) at and traveling to and from a community service project approved by the commissioner; (3) on emergency absence; (4) at and traveling to and from a job intervi…

AS 33.30.191 Employment of prison inmates.

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(a) It is the policy of the state that prisoners be productively employed for as many hours each day as feasible. (b) The commissioner may enter into contracts or cooperative agreements with any public agency for the performance of conservation projects. After June 14, 2006, the …

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

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

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

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(a) Each prisoner who is productively employed, as defined in AS 33.30.191(g)(1) or (3) — (5), may receive for that work compensation at a rate determined by the commissioner under this section if the money is available from legislative appropriations. Compensation established by…

AS 33.30.211 Transmission of documents.

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(a) When a prisoner is admitted to a correctional facility, a copy of the commitment shall be delivered with the prisoner as evidence of the authority of the correctional facility to hold the prisoner. (b) When a person is sentenced to a term of imprisonment, copies of the pre-se…

AS 33.30.216 Copies of records for child support purposes.

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If a copy of a record prepared or maintained by or on behalf of the commissioner for a person in the custody of the commissioner is requested by the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, the official custo…

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

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

AS 33.30.231 Telephone access and monitoring inside correctional institutions.

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(a) A prisoner shall have reasonable access to a telephone except when access is suspended as punishment for conviction of a rule infraction or pending a hearing for a rule infraction involving telephone abuse. A suspension under this subsection must be reasonable in length and m…

AS 33.30.241 Effect of judgment of conviction on civil rights.

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(a) A person who is convicted of a felony involving moral turpitude as defined in AS 15.80.010 is disqualified from voting in a state or municipal election until the person's unconditional discharge. (b) A person who is convicted of a felony is disqualified from serving as a juro…

AS 33.30.251 Disposal of abandoned personal property.

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(a) Except as provided in (b) of this section, it is the obligation of each person committed to the custody of the commissioner to provide for the appropriate disposition of all of the person's property remaining at a correctional facility within 90 days of the date of the person…

AS 33.30.261 Excess money as contraband.

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(a) A prisoner who possesses money in an amount greater than that permitted by the commissioner is subject to disciplinary sanctions under regulations adopted by the commissioner. (b) Money in the possession of a prisoner in an amount greater than that permitted by the commission…

AS 33.30.271 Forfeiture of property.

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

AS 33.30.281 Crime against sentenced prisoner.

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

AS 33.30.291 Treaties.

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If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of prisoners sentenced to serve a term of incarceration to the country where they are citizens or nationals, the commissioner may, on behalf of the state and subject to the…

AS 33.30.292 Designation of victims' representative.

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

AS 33.30.295 Review of prisoner disciplinary decisions.

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(a) A prisoner may obtain judicial review by the superior court of a final disciplinary decision by the department only if the prisoner alleges specific facts establishing a violation of the prisoner's fundamental constitutional rights that prejudiced the prisoner's right to a fa…

AS 33.30.901 Definitions.

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In this chapter, unless the context requires otherwise, (1) “center” means a correctional restitution center; (2) “commissioner” means the commissioner of corrections; (3) “community service” means work on projects designed to reduce or eliminate environmental damage, protect the…

AS 33.35.010 Agreement enacted.

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The Agreement on Detainers is enacted into law and entered into by the State of Alaska with all other jurisdictions legally joining in it in a form substantially as follows: THE AGREEMENT ON DETAINERS. Article IThe party states find that charges outstanding against a prisoner, de…

AS 33.35.020 “Appropriate court” defined.

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