reglab/housing_qa huggingface dataset:
AK Stat § 12.47.120 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 47. Insanity and Competency to Stand Trial|Sec. 12.47.120. Determination of sanity after commitment.

(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, evidence as to the mental condition of the accused may be submitted including reports by the custodian to whom the accused was committed for care. (b) If at the hearing the court determines that the accused is presently mentally competent to understand the nature of the proceedings against the accused and to assist in the accused's own defense, appropriate criminal proceedings may be commenced against the accused. (c) If at the hearing the court determines that the accused is still presently mentally incompetent, the court shall recommit the accused in accordance with AS 12.47.110. (d) A finding by the court that the accused is mentally competent to stand trial in no way prejudices the accused in a defense based on mental disease or defect excluding responsibility. This finding may not be introduced in evidence on that issue or otherwise brought to the notice of the jury.
AK Stat § 12.47.130 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 47. Insanity and Competency to Stand Trial|Sec. 12.47.130. Definitions.

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 11.81.900(b); (4) “incompetent” means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense; (5) “mental disease or defect” means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life; (6) “understand the proceedings against the defendant” means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.
AK Stat § 12.55.005 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|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.
AK Stat § 12.55.011 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.022 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.023 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.035 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.]
AK Stat § 12.55.039 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.041 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.055 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.080 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.086 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.”
AK Stat § 12.55.088 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.
AK Stat § 12.55.101 (2021)
2021 Alaska Statutes|Title 12. Code of Criminal Procedure|Chapter 55. Sentencing and Probation|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.