reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.550 - Religious activities

Current through May 31, 2024
(a) The facility may provide chaplains to
				assist those prisoners who express an interest in religious beliefs and
				principles. Chaplains may provide individual or group counseling to prisoners.
				Facilities need not provide identical facilities or personnel to every
				religious group or sect, irrespective of size. Provision for places of worship
				and counseling with religious representatives must be responsive to the need,
				except that each prisoner must be afforded a reasonable opportunity to pursue
				his or her recognized faith.
(b)
				Participation in religious services conducted at the facility is
				voluntary.
(c) Religious activities
				may be proscribed or limited if the superintendent determines that restriction
				of the activity is justified in light of, and is reasonably related to, a
				substantial facility interest in maintaining security and discipline. Using
				these principles, the superintendent may regulate the following activities:
(1) participating in or assembling for
				religious services;
(2) receiving
				visits from ministers or religious representatives;
(3) abiding by the dietary laws of a
				religion; and
(4) wearing religious
				clothing, medallions, or other insignia.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 9 - Discharge › 22 AAC 05.580 - Discharge clothing

Current through May 31, 2024
Each facility must ensure that a prisoner is adequately
				  clothed upon discharge. Climatic conditions must be taken into consideration.
				  The commissioner will establish procedures for issue and return of discharge
				  clothing. If not available from facility stocks, discharge clothing may be
				  purchased from a local source.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 9 - Discharge › 22 AAC 05.585 - Transportation of prisoners upon release

Current through May 31, 2024
(a) The department
				will bear the cost of transporting a prisoner to the place of arrest upon
				release, if the prisoner was admitted into a state facility. If a prisoner
				declines return transportation, or requests a destination different from the
				place of arrest, the prisoner must sign a written waiver. Transportation to an
				alternative site may be provided up to the actual cost of return transportation
				to the prisoner's place of arrest. This subsection applies only to prisoners
				who have been arrested, and not to persons taken into protective custody under
				AS 47.
(b) A prisoner released from
				custody who has never been admitted into a state facility in connection with
				the instant arrest or detention, or who has been admitted into a state facility
				under protective custody under AS 47, must contact the Department of Public
				Safety for return transportation to the place of arrest.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.081
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 9 - Discharge › 22 AAC 05.590 - Discharge payments

Current through May 31, 2024
Upon release of a prisoner, the department will not provide a
				  discharge payment or gate money to the prisoner. Each prisoner is entitled to
				  receive any work program compensation and prisoner fund account money due, by
				  check or cash, at the time of release.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 9 - Discharge › 22 AAC 05.595 - Procedures upon government's failure to arraign

Current through May 31, 2024
Facility staff members shall make reasonable efforts to
				  contact the local prosecuting authority and the local court if it appears that
				  a prisoner will not be brought before a judge or magistrate within 24 hours
				  after arrest as required under
				  AS
				  12.25.150. However, in no event may a
				  prisoner be released solely because of the government's failure to arraign,
				  unless ordered by a court.
Authority:
AS
					 12.25.150
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 10 - General Provisions › 22 AAC 05.600 - Applicability

Current through May 31, 2024
(a) Except as otherwise provided, this
				chapter applies only to facilities operated and managed by employees of the
				Department of Corrections.
(b) The
				commissioner will, in his or her discretion, upon notification that a facility
				emergency exists which endangers life or property, suspend the operation of
				this chapter for the facility affected only so long as the emergency exists and
				as necessary to resolve the emergency.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 10 - General Provisions › 22 AAC 05.610 - Harmless error

Current through May 31, 2024
Failure of a staff member to follow the regulations set out
				  in this chapter does not invalidate a decision absent a showing of prejudice by
				  the prisoner.
Authority:
AS
					 33.30.010
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 10 - General Provisions › 22 AAC 05.615 - Cost of imprisonment

Current through May 31, 2024
(a) The purpose of this section is to set
				standards for determining and prescribing a uniform average cost of
				imprisonment under
				AS
				28.35.030(1).
(b) Notwithstanding
				22 AAC 05.600, this section
				applies to the cost of imprisonment in
(1)
				community residential centers under contract with the department;
(2) state correctional facilities operated
				and managed by the department; or
(3) local jails under contract with the
				state.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 10 - Community Corrections › Article 1 - Probation › 22 AAC 10.050 - Probation fee

Current through May 31, 2024
(a) Except as provided in (d) and (e) of this
				section, a person placed on probation by a court who has, as a condition of
				probation, the payment of a periodic probation fee, shall pay to the department
				a monthly fee as directed by the probation officer.
(b) The probation fee amount is $45 a month
				for each calendar month that the person is under probation supervision. The
				commissioner will establish the payment form and collection procedures to be
				used by community corrections for the collection and disbursement of the fee
				required under this section.
(c) A
				probationer may make the probation fee payment, or a portion of the payment, by
				assignment of his or her permanent fund dividend received under
				AS
				43.23.005. A probationer selecting this form
				of payment must be provided a form and assisted in the procedure to accomplish
				the action through the Department of Revenue. The regional administrator of
				probation may attach the permanent fund dividend of a prisoner who is in
				arrears on the probation fee.
(d)
				The regional administrator of probation may temporarily defer, excuse, or
				authorize an alternate form of probation fee payment in a form and by
				procedures established by the commissioner if justified by a probationer's
				verified inability to pay.
(e) Only
				supervised probation requires the payment of a probation fee. A person granted
				probation by a court which is not supervised by the department is not required
				to make probation fee payments.
Authority:
AS
					 12.55.105
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 10 - Community Corrections › Article 2 - General Provisions › 22 AAC 10.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context required
				  otherwise,
(1) "commissioner" means
				the commissioner of the Alaska Department of Corrections, or employee of the
				department designated by the commissioner to carry out an official function of
				the commissioner;
(2) "community
				corrections" means the operational unit of the department which is responsible
				for the supervision of persons on probation, parole, mandatory parole, or
				conditional commutation release, and which conducts presentence investigations
				for the court;
(3) "department"
				means the Alaska Department of Corrections;
(4) "deputy commissioner" means the deputy
				commissioner for administration of the Department of Corrections, or an
				employee of the department designated by the commissioner or deputy
				commissioner for administration to carry out any official function of the
				deputy commissioner;
(5) "probation
				officer" means the assigned community corrections employee who is responsible
				for all supervision activities involving or relevant to an individual who is on
				probation; "probation officer" also means an officer of the court and
				presentence investigator for the superior court;
(6) "regional administrator" means the senior
				manager for community corrections operations in each department administrative
				region of the state - northern, southcentral, and southeast region, or an
				employee of the department designated by the commissioner, deputy commissioner,
				regional director, or the regional administrator to carry out an official
				function of the regional administrator.
Authority:
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.010 - Application requirements

Current through May 31, 2024
(a) A manufacturer
			 wishing to obtain or renew certification of a breath alcohol ignition interlock
			 device under
			 AS
			 33.05.020 shall submit to the department
(1) a completed application on a form
			 provided or in a format specified by the department;
(2) the fees required by
			 22 AAC 15.015(a) (1) or (a)(2);
(3) documentation that the manufacturer has
			 met the requirements of
			 AS
			 33.05.020 and this chapter, including
			 submission of a notarized statement from an appropriate testing laboratory that
			 at least two devices were tested and each was found to meet or exceed the
			 standards and specifications for the devices set by
			 AS
			 33.05.020 and
			 22 AAC 15.030;
(4) a list of authorized installers and their
			 addresses in this state who are qualified to install, calibrate, maintain, and
			 remove the device for which certification is requested; and
(5) a sworn statement that the manufacturer
			 agrees to indemnify, hold harmless, and defend the State of Alaska, its
			 officers, agents, and employees for all liability, including costs and
			 expenses, for all actions or claims resulting from injuries or damages
			 sustained by any person or property, arising directly or indirectly as a result
			 of any error, omission, design defect, or negligent act of the manufacturer or
			 the manufacturer's employees, contractors, licensees, franchises, or authorized
			 installers concerning the manufacturer's device and its installation,
			 calibration, maintenance, and removal.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.015 - Fees

Current through May 31, 2024
(a) The following fees are established for
			 the breath alcohol ignition interlock devices program:
(1) application fee for initial certification
			 of a device, $1,000;
(2)
			 application fee for renewal of certification of a device, $500.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.020 - Current information

Current through May 31, 2024
(a) A manufacturer whose device is certified
			 under this chapter shall maintain a current, valid mailing address on file with
			 the department at all times.
(b)
			 The manufacturer shall notify the department with 10 days of any changes to its
			 list of authorized installers provided under
			 22 AAC 15.010 or
			 22 AAC 15.035.
Authority:
AS
				  33.05.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.025 - Term of certification

Current through May 31, 2024
The term of a certification of a device under this chapter is
				one year. The manufacturer may apply for renewal of a certification by
				complying with the requirements of
				22 AAC 15.010 and
				22 AAC 15.035.
Authority:
AS
				  33.05.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.030 - Standards for certification of devices

Current through May 31, 2024
(a) For a
			 manufacturer to receive certification of a device under this chapter, the
			 standards in this section must be met.
(b) The device must meet or exceed standards
			 set by the National Highway Traffic Safety Administration's model
			 specifications adopted by reference in this chapter and set out in the Federal
			 Register, Volume 57, Number 67, April 7, 1992, National Highway Traffic Safety
			 Administration's [Docket No. 91-07, Notice No. 2], "Model Specifications for
			 Breath Alcohol Ignition Interlock Devices (BAIIDs)," pp. 11772 - 11787. The
			 device must also be capable of being preset by the manufacturer's authorized
			 installer to prevent ignition when the breath alcohol in the breath sample is
			 above.025 percent concentration. The device must be designed to prevent an
			 adjustment not authorized by the manufacturer's installation or maintenance
			 standards. The manufacturer shall certify the device to operate reliably for
			 the geographic area for which the device is to be used when the device is
			 prewarmed according to the manufacturer's instructions for operation below the
			 stated operating temperature range stated on the label described in (c) of this
			 section.
(c) The device must
			 prominently display a label containing the following information:
(1) the warning set out in
			 AS
			 33.05.020(e);
(2) the temperature range within which the
			 device is operable without the need for prewarming or other special steps being
			 taken;
(3) instructions for
			 prewarming the device or otherwise making the device functional in temperatures
			 below the temperature range specified in (2) of this subsection;
(4) the warning that the failure to follow
			 prewarming instructions for the device in extreme cold weather conditions may
			 make the vehicle inoperable and that the vehicle with such a device should not
			 be relied upon as a survival tool in such conditions.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.032 - Modifications of device

Current through May 31, 2024
If, during the term of the certification, the manufacturer
				modifies the device that is certified under this chapter, the manufacturer
				shall immediately notify the department in writing about the modification and
				request a determination from the department whether a new certification must be
				obtained. In making the determination, the department will, in its discretion,
				require the manufacturer to submit a notarized statement from an appropriate
				testing laboratory that at least two of the modified devices were tested and
				each was found to meet or exceed the standards and specifications for the
				devices set by
				AS
				33.05.020 and
				22 AAC 15.030.
Authority:
AS
				  33.05.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.035 - Requirements for renewal

Current through May 31, 2024
(a) For a
			 manufacturer to receive renewal of a certification of a device under this
			 chapter, the standards in
			 22 AAC 15.030 and
(b) of this section must be met.
(b) The department will issue a renewal of a
			 certification only if the department finds that the
(1) device has performed satisfactorily in
			 this state;
(2) manufacturer has
			 provided a list of authorized installers and their addresses in this state who
			 are qualified to install, calibrate, maintain, and remove the device;
			 and
(3) manufacturer has
			 substantially met all requirements under this chapter.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.040 - Standards for installation

Current through May 31, 2024
(a) A device
			 certified under this chapter shall be installed only by the manufacturer's
			 authorized installer in accordance with the manufacturer's instructions. A
			 device installed may not be removed before the date authorized by the
			 court.
(b) An installation record
			 must be maintained and include the
(1) name,
			 address, and telephone number of the persons requesting the
			 installation;
(2) name and address
			 of the registered owner of the motor vehicle;
(3) year, make, model, vehicle identification
			 number, and license plate number of the vehicle in which the device is
			 installed;
(4) manufacturer, model
			 name, and number of the device installed;
(5) name of the manufacturer's authorized
			 installer performing the installation; and
(6) date of the installation.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.045 - Standards for calibration, maintenance, and monitoring

Current through May 31, 2024
(a) A device
			 certified under this chapter shall be examined by a manufacturer's authorized
			 installer for correct calibration and evidence of tampering or removal every 90
			 days, or more often if ordered by the court.
(b) A calibration, maintenance, and
			 monitoring record must be maintained and include
(1) the results of the examination;
(2) the adjustment, if any, that was made in
			 the necessary calibration;
(3)
			 documentation of evidence of any tampering with, or attempts to circumvent or
			 remove, the device;
(4) other
			 information required by a court order; and
(5) the name of the manufacturer's authorized
			 installer performing the examination and maintenance.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.050 - Suspension and revocation

Current through May 31, 2024
(a) The department
			 will, in its discretion, revoke a certification or renewal of a certification,
			 if the department finds
(1) fraud, deceit,
			 misrepresentation, or omission of a significant fact in obtaining certification
			 or renewal of a certification;
(2)
			 that the manufacturer failed to satisfactorily meet the requirements of this
			 chapter, including maintaining a list of authorized installers in this
			 state;
(3) that the device failed
			 to perform satisfactorily and safely in this state; or
(4) that the manufacturer is no longer in
			 business.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.055 - Notification of actions

Current through May 31, 2024
The department will notify the manufacturer in writing of the
				department's action on an application for certification or revocation
				proceedings under this chapter. The department will forward a copy of the
				notification to the administrative director for the Alaska Court System and to
				the commissioner of the Department of Public Safety.
Authority:
AS
				  33.05.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 15 - Breath Alcohol Ignition Interlock Devices Program › 22 AAC 15.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "authorized installer" means a person
			 authorized by the manufacturer of a device to be properly trained in the
			 installation, calibration, maintenance, and removal of the device;
(2) "commissioner" means the commissioner of
			 the department;
(3) "department"
			 means the Department of Corrections;
(4) "device" means breath alcohol ignition
			 interlock device.
Authority:
AS
				  33.05.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.005 - Eligibility generally

Current through May 31, 2024
(a) A sentenced prisoner who is serving a
				minimum term of at least 181 days, and who meets the requirements of
				22 AAC 20.010 -
				22 AAC 20.080, is eligible for
				discretionary parole.
(b) If a
				prisoner has more than one sentence, the prisoner is eligible for discretionary
				parole when eligibility has been reached on all sentences.
(c) In calculating when a sentence has been
				served on a non-parole-eligible sentence, that sentence is considered served
				the date the sentence is due to expire less good time credited under
				AS
				33.20.010.
(d) When calculating parole eligibility on
				multiple sentences where one or more sentences are parole-eligible and one or
				more sentences are non-parole-eligible, the prisoner must first serve the
				non-eligible sentences. Then the prisoner must serve the necessary time to
				reach eligibility on the parole-eligible sentences.
Authority:
AS
					 12.55.115
AS 12.55.125
AS 33.16.010
AS 33.16.060
AS
					 33.16.090
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.010 - Eligibility on suspended imposition of sentence

Current through May 31, 2024
(a) Except as
				provided in
				22 AAC 20.080, a prisoner
				sentenced to a term of imprisonment as a condition of a suspended imposition of
				sentence is eligible for discretionary parole if the prisoner's term exceeds
				one year, unless earlier eligibility is specified in the order of suspended
				imposition of sentence.
(b) If
				earlier eligibility is specified in the order of suspended imposition of
				sentence, a prisoner sentenced to a term of imprisonment of one year or less
				must meet the requirements of
				22 AAC 20.005 to be eligible for
				discretionary parole.
Authority:
AS
					 12.55.086
AS 33.16.060
AS
					 33.16.090
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.015 - Group A eligibility

Current through May 31, 2024
Under former AS 33.15.180, former AS 33.15.230 and former AS
				  33.15.240, a prisoner who committed a felony before May 16, 1974 is eligible
				  for discretionary parole at any time, subject to
				  22 AAC 20.080.
Authority:
AS
					 01.10.100
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.020 - Group B eligibility

Current through May 31, 2024
Under former AS 33.15.080, former AS 33.15.180, and former AS
				  33.15.230, a prisoner who committed a felony after May 15, 1974 but before
				  January 1, 1980 is eligible for discretionary parole as follows, subject to
				  22 AAC 20.080:
(1) A prisoner sentenced to a term of
				imprisonment other than for life is eligible for discretionary parole after
				serving one-third of the term of imprisonment.
(2) A prisoner sentenced to a term of life is
				eligible for discretionary parole after serving 15 years of
				imprisonment.
Authority:
AS
					 01.10.100
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.025 - Group C eligibility

Current through May 31, 2024
Under
				  AS
				  12.55.125, former AS 33.15.080, and former AS
				  33.15.180, a prisoner who committed a felony after December 31, 1979 but before
				  October 1, 1982, is eligible for discretionary parole as follows, subject to
				  22 AAC 20.080:
(1) A prisoner sentenced for 1st degree
				murder is eligible for discretionary parole after serving 20 years of
				imprisonment or one-third of the term of imprisonment, whichever is
				greater.
(2) A prisoner sentenced
				for 2nd degree murder is eligible for discretionary parole after serving five
				years of imprisonment or one-third of the term of imprisonment, whichever is
				greater.
(3) A prisoner sentenced
				for the unclassified felony of kidnapping under
				AS
				11.41.300 is eligible for discretionary
				parole after serving five years of imprisonment or one-third of the term of
				imprisonment, whichever is greater. A prisoner sentenced for the class A felony
				of kidnapping under
				AS
				11.41.300 is eligible for discretionary
				parole as set out in (4) and (5) of this section.
(4) A prisoner sentenced for a class A
				felony, class B felony, or class C felony to a non-presumptive term is eligible
				for discretionary parole after serving one-third of the term of
				imprisonment.
(5) A prisoner
				sentenced to a presumptive term under
				AS
				12.55.125(c)(1), (c)(2), (c)(3), (d)(1), (d)(2), (e)(1) or
				(e)(2) is eligible for discretionary parole
				as set out in
				22 AAC 20.055 and
				22 AAC 20.070.
Authority:
AS
					 01.10.100
AS 11.41.300
AS 12.55.125
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.030 - Group D eligibility

Current through May 31, 2024
Under
				  AS
				  12.55.125, former AS 33.15.080, and former AS
				  33.15.180, a prisoner who committed a felony after September 30, 1982 but
				  before January 1, 1986 is eligible for discretionary parole as follows, subject
				  to 22 AAC 20.080:
(1) A prisoner sentenced for 1st degree
				murder is eligible for discretionary parole as set out in
				22 AAC 20.025(1).
(2) A prisoner sentenced for 2nd degree
				murder or misconduct involving a controlled substance in the 1st degree is
				eligible for discretionary parole as set out in
				22 AAC 20.025(2).
(3) A prisoner sentenced for kidnapping under
				AS
				11.41.300 is eligible for discretionary
				parole as set out in
				22 AAC 20.025(3)
				-(5).
(4) A prisoner sentenced for
				a class B felony or a class C felony to a non-presumptive term is eligible for
				discretionary parole as set out in
				22 AAC 20.025(4).
(5) A prisoner sentenced to a presumptive
				term under
				AS
				12.55.125(c)(1), (c)(2), (c)(3), (c)(4), (d)(1), (d)(2),
				(d)(3), (e)(1), (e)(2), (e)(3), (i)(1), (i)(2), (i)(3), or
				(i)(4) is eligible for discretionary parole
				as set out in
				22 AAC 20.055 and
				22 AAC 20.070.
Authority:
AS
					 01.10.100
AS 11.41.300
AS 12.55.125
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.035 - Group E eligibility

Current through May 31, 2024
A prisoner who committed a felony after December 31, 1985 but
				  before September 13, 1987 is eligible for discretionary parole as follows,
				  subject to
				  22 AAC 20.080:
(1) A prisoner sentenced for 1st degree
				murder is eligible for discretionary parole as set out in
				22 AAC 20.025(1).
(2) A prisoner sentenced for 2nd degree
				murder or misconduct involving a controlled substance in the 1st degree is
				eligible for discretionary parole as set out in
				22 AAC 20.025(2).
(3) A prisoner sentenced for kidnapping under
				AS
				11.41.300 is eligible for discretionary
				parole as set out in
				22 AAC 20.025(3)
				-(5).
(4) A prisoner sentenced for
				a class B felony or a class C felony to a non-presumptive term is eligible for
				discretionary parole after serving one-fourth of the term of
				imprisonment.
(5) A prisoner
				sentenced to a presumptive term under
				AS
				12.55.125(c)(1), (c)(2), (c)(3), (c)(4), (d)(1), (d)(2),
				(d)(3), (e)(1), (e)(2), (e)(3), (i)(1), (i)(2), (i)(3), or
				(i)(4) is eligible for discretionary parole
				as set out in
				22 AAC 20.055 and
				22 AAC 20.070. If the prisoner is
				eligible for discretionary parole under
				22 AAC 20.055 or
				22 AAC 20.070, the prisoner must
				serve one-fourth of the term of imprisonment on the eligible sentence or
				eligible portion of the sentence.
Authority:
AS
					 01.10.100
AS 11.41.300
AS 12.55.115
AS 12.55.125
AS 33.16.060
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.040 - Group F eligibility

Current through May 31, 2024
A prisoner who committed a felony after September 12, 1987 is
				  eligible for discretionary parole as follows, subject to
				  22 AAC 20.080:
(1) except as provided in (2) and (3) of this
				section, a prisoner who is sentenced for a term under
				AS
				12.55.125(a), (b), (c), or
				(i) is eligible for discretionary parole
				after serving the mandatory minimum term under
				AS
				12.55.125(a), (b), (c), or
				(i), the presumptive term less good time
				credited under
				AS
				33.20.010, at least one-third of the period
				of confinement imposed, or any minimum term set under
				AS
				12.55.115 at sentencing, whichever is
				greater;
(2) a prisoner sentenced
				to a mandatory 99-year term under
				AS
				12.55.125(a) is not eligible
				for discretionary parole during the entire term;
(3) a prisoner who commits a felony on or
				after June 27, 1996 and is sentenced to a definite term under
				AS
				12.55.125(1) is not eligible
				for discretionary parole during the entire term;
(4) a prisoner sentenced for a class B felony
				or a class C felony to a nonpresumptive term is eligible for discretionary
				parole as set out in
				22 AAC 20.035(4);
(5) a prisoner sentenced to a presumptive
				term for a Class B felony or a class C felony is eligible for discretionary
				parole as set out in
				22 AAC 20.035(4),
				22 AAC 20.055 if the term is an
				aggravated presumptive term, or
				22 AAC 20.070 if the term is a
				consecutive presumptive term.
Authority:
AS
					 33.16.060
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.045 - Eligibility on misdemeanor sentences

Current through May 31, 2024
(a) Under former AS
				33.15.080, a prisoner who committed a misdemeanor before January 1, 1986, is
				eligible for discretionary parole after serving one-third of the term of
				imprisonment, subject to
				22 AAC 20.005,
				22 AAC 20.010, and
				22 AAC 20.080.
(b) Under
				AS
				33.16.100, a prisoner who committed a
				misdemeanor on or after January 1, 1986 is eligible for discretionary parole
				after serving one-fourth of the term of imprisonment, subject to
				22 AAC 20.005,
				22 AAC 20.010, and
				22 AAC 20.080.
Authority:
AS
					 01.10.100
AS 12.55.086
AS 12.55.115
AS 33.16.010
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.050 - Eligibility on sentence by a three-judge panel

Current through May 31, 2024
A prisoner sentenced by a three-judge panel under
				  AS
				  12.55.175 may be eligible for discretionary
				  parole as follows, subject to
				  22 AAC 20.005,
				  22 AAC 20.010 and
				  22 AAC 20.080, if the court orders
				  the prisoner to be eligible for parole:
(1) except as provided in (4) of this
				section, an eligible prisoner who committed an offense before January 1, 1986
				is eligible for discretionary parole under former AS 33.15.080 after serving
				one-third of the term of imprisonment;
(2) except as provided in (4) of this
				section, an eligible prisoner who committed an offense on or after January 1,
				1986 but before September 13, 1987, is eligible for discretionary parole after
				serving one-fourth of the term of imprisonment;
(3) except as provided in (4) of this
				section, an eligible prisoner who committed an offense on or after September
				13, 1987 is eligible for parole as follows:
(A) an eligible prisoner sentenced for an
				unclassified felony or for a class A felony is eligible for discretionary
				parole after serving the greater of the following:
(i) one-third of the term of
				imprisonment;
(ii) the mandatory
				minimum term under
				AS
				12.55.125(a), (b), (c), or
				(i);
(iii) the presumptive term less good time
				credited under
				AS
				33.20.010;
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.055 - Aggravated presumptive sentence

Current through May 31, 2024
(a) A prisoner who
				committed a felony before January 1, 1986 and was sentenced to an aggravated
				presumptive term under
				AS
				12.55.155(c) is eligible for
				discretionary parole after serving the unaggravated portion of the sentence
				(the time equal to the presumptive term less good time credited under
				AS
				33.20.010)  or one-third of the term of
				imprisonment, whichever is greater, subject to
				22 AAC 20.080.
(b) Except as provided in
				22 AAC 20.040(1) and (3), a prisoner who committed a felony on or
				after January 1, 1986 and is sentenced to an aggravated presumptive term under
				AS
				12.55.155(c), is eligible
				for discretionary parole, subject to
				22 AAC 20.080. To be eligible, a
				prisoner must serve
(1) first, the
				unaggravated portion of the sentence; for purposes of this paragraph, the
				unaggravated portion of the sentence consists of the time equal to the
				presumptive term less good time credited under
				AS
				33.20.010; and
(2) second, one-fourth of the aggravated
				portion of the term of imprisonment, depending upon the eligibility for the
				offense as set out in
				22 AAC 20.035(5).
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.060 - Mitigated presumptive sentence

Current through May 31, 2024
A prisoner sentenced to a mitigated presumptive term under
				  AS
				  12.55.155(d) is not eligible
				  for discretionary parole.
Authority:
AS
					 12.55.125
AS 33.16.060
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.065 - Concurrent sentences

Current through May 31, 2024
(a) A prisoner is eligible for discretionary
				parole on concurrent sentences when the prisoner has reached eligibility on all
				sentences. The most distant eligibility date is the official parole eligibility
				date.
(b) If a prisoner is
				sentenced to concurrent sentences, one or more of which is less than 181 days
				or is presumptive, the prisoner is eligible for discretionary parole when the
				parole-ineligible sentence has been served less good time credited under
				AS
				33.20.010, and the prisoner has reached
				parole eligibility on the parole-eligible sentence as set out in this
				chapter.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.070 - Consecutive sentences

Current through May 31, 2024
(a) Discretionary parole eligibility for
				consecutive sentences is computed by adding the sum of each parole eligibility
				period. A prisoner is eligible for discretionary parole when the prisoner has
				reached eligibility on all sentences.
(b) If a prisoner is sentenced to consecutive
				sentences, one or more of which is less than 181 days or is presumptive, the
				prisoner is eligible for discretionary parole when the ineligible sentence has
				been served less good time credited under
				AS
				33.20.010, and the prisoner has reached
				parole eligibility on the parole-eligible sentence, as set out in this
				chapter.
(c) If a prisoner is
				sentenced to consecutive presumptive terms or partially consecutive presumptive
				terms, discretionary parole eligibility is computed as follows, subject to
				22 AAC 20.080:
(1) if a prisoner committed a felony before
				January 1, 1986, the prisoner must serve
(A)
				first, the initial presumptive term; for purposes of this subparagraph, the
				initial presumptive term consists of the time equal to the presumptive term
				less good time credited under
				AS
				33.20.010; and
(B) second, one-third of the second or
				subsequent presumptive terms;
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.075 - Eligibility after revocation of probation

Current through May 31, 2024
If a prisoner has a term of imprisonment imposed after
				  revocation of probation, parole eligibility is computed on the composite period
				  of imprisonment which includes the period of imprisonment imposed before the
				  revocation as well as any period of imprisonment imposed upon
				  revocation.
Authority:
AS
					 12.55.025
AS 33.16.010
AS 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.080 - Further restriction of discretionary parole eligibility

Current through May 31, 2024
If, under former AS 33.15.230 or
				  AS
				  12.55.115, the court restricts eligibility
				  for discretionary parole for a term greater than that required under former AS
				  33.15.080 or
				  AS
				  33.16.100, a prisoner is not eligible for
				  parole until that additional term has been served.
Authority:
AS
					 12.55.115
AS 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.085 - Effect of prior service and good time on eligibility

Current through May 31, 2024
(a) Time spent in
				custody before sentencing in connection with the offense for which a prisoner
				is applying for parole, is counted as imprisonment in calculating the
				discretionary parole eligibility date.
(b) Good time credited under
				AS
				33.20.010 does not reduce the term of
				imprisonment to be served before a prisoner is eligible for discretionary
				parole, except as provided for in
				AS
				33.16.090(b).
Authority:
AS
					 12.55.025
AS 12.55.125
AS 33.16.060
AS 33.16.090
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 1 - Eligibility for Discretionary Parole › 22 AAC 20.090 - Calculation and notice of eligibility date

Current through May 31, 2024
(a) Within 30 days
				after receipt of the final judgment, the department shall calculate the parole
				eligibility date of each prisoner eligible for discretionary parole under
				22 AAC 20.005 -
				22 AAC 20.085.
(b) The department shall give the prisoner
				and the board written notification of the eligibility determination.
(c) If the prisoner disagrees with the parole
				eligibility date calculated under (a) of this section, the prisoner must notify
				the board in writing of the disagreement and the reasons for believing the
				calculation is in error.
(d) The
				department shall refer to the board, in writing, a case in which a prisoner's
				discretionary parole eligibility does not appear to be covered by
				22 AAC 20.005 -
				22 AAC 20.085.
(e) The board or a staff member designated by
				the board will review and calculate the parole eligibility date of a case
				brought to the board's attention under (c) or (d) of this section and will
				notify the prisoner and the department in writing of the correct calculation.
				This calculation by the board or the designated staff member is the official
				eligibility date.
Authority:
AS
					 33.16.060
AS
					 33.16.180
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 2 - Attendance and Appearance at Parole Board Hearings › 22 AAC 20.095 - Attendance at hearings

Current through May 31, 2024
(a) Except as provided in this chapter,
				parole board hearings are closed to the public. Any person, group, or agency
				may submit written information to the board for consideration.
(b) The members and staff of the board, the
				prisoner or parolee, attorneys for the prisoner or parolee and for the state,
				department employees responsible for the case, the victim of a crime, and
				security staff considered necessary by the board may attend board
				hearings.
(c) Upon written request,
				the board will, in its discretion, permit other government employees or other
				persons having a legitimate interest in a board hearing, to attend and observe
				a hearing. A request to attend a hearing must be made to the board before the
				hearing.
(d) The board will
				terminate the oral comments of a prisoner, a parolee, a victim, a witness, or
				an attorney if, in the opinion of the board those comments are irrelevant,
				repetitious, or argumentative. The board may establish time constraints for
				presentation of oral comments to the board.
(e) A person attending a parole board hearing
				is subject to security screening and may be required to leave the hearing for
				failing to follow the instructions of the board.
(f) Only members and staff of the board may
				be present when the board deliberates on a case.
(g) Parole board hearings may be conducted in
				person, telephonically, by electronic videoconferencing or teleconferencing, or
				through any combination of these formats. The board will give equal
				consideration to testimony or arguments presented at board hearings through any
				of these methods.
Authority:
AS
					 33.16.060
AS 33.16.120
AS
					 33.16.170
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 2 - Attendance and Appearance at Parole Board Hearings › 22 AAC 20.100 - Appearance by witnesses at hearings

Current through May 31, 2024
(a) Any interested
				person, agency, or group may submit written information regarding any prisoner
				or parolee appearing before the board.
(b) Except as set out in
				22 AAC 20.105, the board will not
				permit the appearance of witnesses at discretionary parole hearings, parole
				rescission hearings, or special medical parole hearings. The board may make a
				rare exception due to exigent circumstances.
(c) The board will permit the appearance of
				witnesses with relevant testimony called by the parolee or by the state at a
				parole revocation hearing. The board may also call witnesses on its own
				motion.
(d) Before a witness
				testifies at a parole bearing, the board may require the party requesting the
				witness to make an offer of proof summarizing the content of the proposed
				testimony. The board will consider the offer of proof and permit the witness to
				appear and testify at the hearing if the board finds that the proposed
				testimony is relevant and material to the issues at the hearing.
Authority:
AS
					 33.16.060
AS
					 33.16.130
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 2 - Attendance and Appearance at Parole Board Hearings › 22 AAC 20.102 - Minors in attendance at parole hearings

Current through May 31, 2024
(a) The board may
				permit a minor to attend a hearing as a victim or witness.
(b) The board may make special arrangements
				for attendance by a minor, including attendance through telephonic or
				electronic conferencing methods.
(c) Minors attending board hearings in person
				must be accompanied by a parent or legal guardian, other than the prisoner or
				parolee.
(d) A party wishing to
				have a minor attend a hearing as a witness or victim shall notify the board in
				writing at least 10 working days before the hearing.
Authority:
AS
					 33.16.060
AS 33.16.120
AS
					 33.16.130
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 2 - Attendance and Appearance at Parole Board Hearings › 22 AAC 20.105 - Appearance by victim and submission of oral and written material by victim at parole hearings

Current through May 31, 2024
(a) The victim of a
				crime will be notified of a discretionary parole, special medical parole,
				parole rescission, parole revocation, or parole reconsideration hearing if the
				victim maintains a current, valid mailing address on file with the department.
(b) If the victim requests to
				provide comments in a hearing described in (a) of this section, the board will
				allow the victims to comment
(1) in person,
				including by telephone or by videoconference if available; or
(2) in writing, including by electronic mail.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 2 - Attendance and Appearance at Parole Board Hearings › 22 AAC 20.107 - Subpoenas

Current through May 31, 2024
(a) In preparation for a parole hearing, a
				party may apply to the board for a subpoena. The application must be in
				writing, state the name and address of the witness, and state the substance of
				the testimony. The board will review the application and make a determination
				of relevance. The requesting party is responsible for making the request in
				sufficient time to allow for the issuance and service of the subpoena.
(b) The requesting party is
				responsible for the service of a subpoena, costs of transportation for a
				witness or for obtaining records, and any other expenses associated with the
				issuance or service of a subpoena.
(c) A subpoena may be served by
(1) a member of the department staff; or
(2) any person authorized under
				Alaska Rule of Civil Procedure 45(c).
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 3 - Parole Progress Reports › 22 AAC 20.110 - Requirement for report

Current through May 31, 2024
A parole progress report must be completed and reviewed by
				  the board in all cases when a prisoner applies for discretionary
				  parole.
Authority:
AS
					 33.16.060
AS 33.16.110
AS
					 33.16.180
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 3 - Parole Progress Reports › 22 AAC 20.115 - Responsibility for completing report

Current through May 31, 2024
Staff of the department shall complete a parole progress
				  report on each discretionary parole applicant, following the format established
				  by and using the forms provided by the board. The report shall be made
				  available to the board a minimum of two weeks before the week of the scheduled
				  board hearing.
Authority:
AS
					 33.16.060
AS 33.16.110
AS
					 33.16.180