Title 33 — Probation, Prisons, Pardons, and Prisoners
11 chapters · 146 sections in this title.
AS 33.05.010 Powers of commissioner.
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The commissioner shall administer a probation system and enforce the probation laws in the superior court.
AS 33.05.020 Duties of commissioner; probation officers and personnel; ignition interlock devices.
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(a) The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015(a), a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a per…
AS 33.05.030 Probation officers as officers of court.
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(a) All probation officers made available to the courts under this chapter shall be officers of the superior court and subject to the authority of the superior court. (b) The appointment of a probation officer shall be entered on the journal of the court in the judicial district …
AS 33.05.040 Duties of probation officers.
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(a) A probation officer shall (1) furnish to each probationer under the supervision of the officer a written statement of the conditions of probation and shall instruct the probationer regarding the same; (2) keep informed concerning the conduct and condition of each probationer …
AS 33.05.050 Report of probation officer.
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When directed by the court, the probation officer shall report to the court with a statement of the conduct of the probationer while on probation. Except as otherwise provided by law, the court may then discharge the probationer from further supervision and may terminate the proc…
AS 33.05.060 Transfer of jurisdiction over probationer.
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Whenever during the period of probation, a probationer goes from the judicial district in which the probationer is being supervised to another judicial district, jurisdiction over the probationer may be transferred, in the discretion of the court, from the court for the district …
AS 33.05.070 Arrest of probationer.
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(a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the di…
AS 33.05.080 Definitions.
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In this chapter, unless the context otherwise requires, (1) “administrative sanctions and incentives” means responses by a probation officer to a probationer's compliance with or violation of the conditions of probation under AS 33.05.020(g). (2) “commissioner” means the commissi…
AS 33.05.090 Short title.
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This chapter may be cited as the Probation Administration Act.
AS 33.07.010 Pretrial services program; establishment.
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The commissioner shall establish and administer a pretrial services program that provides a pretrial risk assessment for all defendants detained in custody in a correctional facility following arrest and for any defendant for whom the prosecution requests to have a pretrial risk …
AS 33.07.020 Duties of commissioner; pretrial services.
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The commissioner shall (1) appoint and make available to the superior court and district court qualified pretrial services officers; (2) fix pretrial services officers' salaries; (3) assign pretrial services officers to each judicial district; (4) provide for the necessary superv…
AS 33.07.030 Duties of pretrial services officers.
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(a) Pretrial services officers shall, in advance of a first appearance before a judicial officer under AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument approved by the commissioner for the purpose of making a recommendation to the court concerning…
AS 33.07.040 Pretrial services officers as officers of court.
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All pretrial services officers shall be available to the superior and district courts and shall be officers of the court.
AS 33.07.090 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of corrections; (2) “program” means the pretrial services program.
AS 33.16.010 Parole.
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(a) A prisoner who is serving a term or terms of two years or more is eligible for mandatory parole. (b) A prisoner who is eligible under AS 33.16.090 may be granted discretionary parole by the board of parole. (c) Except as provided in (g) of this section, a prisoner who is not …
AS 33.16.020 Board of parole.
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(a) There is in the Department of Corrections a board of parole consisting of five members appointed by the governor, subject to confirmation by a majority of members of the legislature in joint session. (b) Members of the board serve for staggered terms of five years and until t…
AS 33.16.030 Selection criteria for board members.
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(a) The governor shall appoint board members on the basis of their qualifications to make decisions that are compatible with the welfare of the community and of individual offenders. The governor shall appoint members who are able to consider the character and background of offen…
AS 33.16.040 Compensation and expenses.
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A board member is entitled to compensation at an amount to be set by the governor for each day the member is participating in business of the board, and is also entitled to the per diem and travel allowances provided under AS 39.20.180.
AS 33.16.050 Meetings of the board.
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(a) The board may meet as often as it considers necessary to carry out its responsibilities, but shall meet at least four times a year. (b) Three members of the board constitute a quorum for the conduct of business. (c) Except when a member of the board imposes special conditions…
AS 33.16.060 Duties of the board.
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(a) The board shall (1) serve as the parole authority for the state; (2) consider the suitability for parole of a prisoner who is eligible for discretionary parole or special medical parole if (A) the prisoner had no disciplinary action imposed during incarceration; or (B) the pr…
AS 33.16.070 Process.
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The board or a member of the board may issue subpoenas and subpoenas duces tecum in the performance of board duties under AS 33.16.060(a). Subpoenas issued under this section are enforceable in superior court.
AS 33.16.080 Executive director.
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The board shall hire an executive director to serve the board in the discharge of its duties. The executive director must have had training and experience in the field of criminal justice. The executive director may employ additional staff to assist the board.
AS 33.16.085 Special medical parole.
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(a) Notwithstanding a presumptive, mandatory, or mandatory minimum term or sentence a prisoner may be serving or any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term of at least 181 days may, upon application by the prisoner or the commissioner, …
AS 33.16.087 Rights of victims in connection with special medical parole.
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(a) If the victim of a crime requests notice of a scheduled hearing to review or consider special medical parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by…
AS 33.16.089 Eligibility for administrative parole.
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[Repealed or reserved.]
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.
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(a) A prisoner sentenced to an active term of imprisonment of at least 181 days may, in the discretion of the board, be released on discretionary parole if the prisoner (1) has served the amount of time specified under (b) of this section, except that (A) a prisoner sentenced to …
AS 33.16.100 Granting of discretionary parole.
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(a) The board may authorize the release of a prisoner who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability exists that (1) the prisoner will live and remain at liberty without violating any laws or c…
AS 33.16.110 Preparole reports.
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(a) In determining whether a prisoner is suitable for discretionary parole, the board shall consider the preparole reports including (1) the presentence report made to the sentencing court; (2) the recommendations made by the sentencing court, by the prosecuting attorney, and by …
AS 33.16.120 Rights of certain victims in connection with parole.
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(a) If the victim of a crime against a person or arson in the first degree requests notice of a scheduled hearing to review or consider discretionary parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before th…
AS 33.16.130 Parole procedures.
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(a) A prisoner eligible for discretionary parole may apply to the board for discretionary parole. As part of the application for parole, the prisoner shall submit to the board a parole release plan that includes information concerning the prisoner's plan for employment, residence…
AS 33.16.140 Order for parole.
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An order for parole issued by the board, setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole custody ends, shall be furnished to each prisoner released on special medical, discretionary, or mandatory parole.
AS 33.16.150 Conditions of parole.
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(a) As a condition of parole, a prisoner released on special medical, discretionary, or mandatory parole (1) shall obey all state, federal, or local laws or ordinances, and any court orders applicable to the parolee; (2) shall make diligent efforts to maintain steady employment o…
AS 33.16.160 Change in parole conditions.
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(a) Upon application of the state or the parolee, the board may change a condition of parole previously imposed under AS 33.16.150(b). (b) If the proposed change in conditions of parole is more restrictive of a parolee's liberty, the parolee is entitled to notice of the proposed …
AS 33.16.170 Confidentiality of records and information.
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(a) Except as provided in (b) of this section, the preparole reports listed in AS 33.16.110, and other information obtained and used by the board under this chapter, are confidential and may not be disclosed to anyone other than the board, the sentencing judge, the prosecuting an…
AS 33.16.180 Duties of the commissioner.
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The commissioner shall (1) conduct investigations of prisoners eligible for discretionary parole, as requested by the board and as provided in this section; (2) supervise the conduct of parolees; (3) appoint and assign parole officers and personnel; (4) notify the board and provi…
AS 33.16.190 Authority of parole, pretrial services, and probation officers.
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An officer appointed by the commissioner under AS 33.05.020(a), AS 33.07, or this chapter, may discharge duties under AS 33.05, AS 33.07, or this chapter.
AS 33.16.200 Custody of parolee.
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Except as provided in AS 33.16.210, the board retains custody of special medical, discretionary, and mandatory parolees until the expiration of the maximum term or terms of imprisonment to which the parolee is sentenced.
AS 33.16.210 Discharge of parolee.
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(a) The board may unconditionally discharge a parolee from the jurisdiction and custody of the board after the parolee has completed one year of parole. A discretionary parolee with a residual period of probation may, after one year of parole, be discharged by the board to immedi…
AS 33.16.215 Sanctions for technical violations and other violations of parole.
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[Repealed or reserved.]
AS 33.16.220 Revocation of parole.
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(a) The board may revoke parole if the prisoner or parolee (1) engages in conduct in violation of AS 33.16.150(a), (b), or (f), or (2) has violated an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10). Man…
AS 33.16.230 Waiver of hearing.
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A prisoner or parolee may waive the right to a hearing provided under AS 33.16.130, 33.16.160, or 33.16.220 by submitting a written waiver to the board.
AS 33.16.240 Arrest of parole violator.
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(a) A parolee may be arrested, with or without a warrant, for a violation of parole. (b) A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred. (c…
AS 33.16.250 Execution of warrant for arrest of parolee.
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(a) A parole officer, or a peace officer acting at the request of a parole officer, shall execute a warrant issued under AS 33.16.240 by arresting the parolee and confining the parolee in a correctional facility designated by the commissioner. (b) The parole officer or peace offi…
AS 33.16.260 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 exercising the rights granted by this chapter.
AS 33.16.270 Earned compliance credits.
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(a) The commissioner shall establish by regulation a program allowing parolees to earn credits for complying with the conditions of parole. The earned compliance credits reduce the period of parole. Nothing in this section prohibits the department from recommending to the board t…
AS 33.16.900 Definitions.
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In this chapter, (1) “administrative sanctions and incentives” means responses by a parole officer to a parolee's compliance with or violation of the conditions of parole under AS 33.16.180. (2) “board” means the board of parole; (3) “commissioner” means the commissioner of corre…
AS 33.20.010 Computation of good time.
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(a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the state or a political subdivision of the state and sentenced to a term of imprisonment that exceeds three days is entitled to a deduction of one-third of the term of imprison…
AS 33.20.020 Good time. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 33.20.030 Discharge.
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A prisoner shall be released at the expiration of the term of sentence less the time deducted for good conduct. A certificate of deduction shall be entered on the commitment by the warden, keeper, or the commissioner.
AS 33.20.040 Released prisoner.
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(a) Except as provided in (c) of this section, a prisoner released under AS 33.20.030 shall be released on mandatory parole to the custody and jurisdiction of the parole board under AS 33.16, until the expiration of the maximum term to which the prisoner was sentenced, if the ter…