Alaska Statutes Title 12, Chapter 12.55 - 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...
• Sec. 12.55.010 Imprisonment on Judgment for Payment of Fine. [Repealed, Sec. 21 Ch 166 Sla 1978. for Present Provisions, See As 12.55.035(a)].
  Repealed or Renumbered
• Sec. 12.55.011 Victim and Community Involvement in Sentencing.
  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,...
• Sec. 12.55.015 Authorized Sentences; Forfeiture.
  (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing sentence on a defendant convicted of an offense, may singly or...
• Sec. 12.55.020 Enforcing Judgment to Pay Money. [Repealed, Sec. 21 Ch 166 Sla 1978. for Present Provisions, See As 12.55.025 (F), As 12.55.035(a), (D) and As 12.55.051 ].
  
  Repealed or Renumbered
• 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)...
• 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...
• Sec. 12.55.025 Sentencing Procedures.
  (a) When imposing a sentence for conviction of a felony offense or a sentence of imprisonment exceeding 90 days or upon a conviction of...
• Sec. 12.55.027 Credit for Time Spent Toward Service of a Sentence of Imprisonment.
  (a) A court may grant a defendant credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring...
• Sec. 12.55.030 Discharge of Indigents Imprisoned for Nonpayment of Fine. [Repealed, Sec. 16 Ch 53 Sla 1973].
  Repealed or Renumbered
• 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...
• Sec. 12.55.036 Day Fines. [Repealed, Sec. 4 Ch 33 Sla 2009].
  Repealed or Renumbered
• 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,...
• Sec. 12.55.040 Increased Punishment for Habitual Criminal After Conviction of Petty Larceny or Misdemeanor Involving Fraud. [Repealed, Sec. 21 Ch 166 Sla 1978].
  Repealed or Renumbered
• 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...
• Sec. 12.55.045 Restitution and Compensation.
  (a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an...
• Sec. 12.55.050 Increased Punishment for Persons Convicted of More Than One Felony. [Repealed, Sec. 21 Ch 166 Sla 1978. for Sentences of Imprisonment for Felonies, See As 12.55.125 ].
  
  Repealed or Renumbered
• Sec. 12.55.051 Enforcement of Fines and Restitution.
  (a) If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order...
• 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, or...
• Sec. 12.55.060 - 12.55.075. Prior Convictions; Sentencing Reports; Imposition of Sentence. [Repealed, Sec. 21 Ch 166 Sla 1978].
  Repealed or Renumbered
• 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...
• Sec. 12.55.085 Suspending Imposition of Sentence.
  (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the...
• 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...
• 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...
• Sec. 12.55.090 Granting of Probation.
  (a) Probation may be granted whether the offense under AS 11 or AS 16 or the crime is punishable by fine or imprisonment or...
• Sec. 12.55.100 Conditions of Probation.
  (a) While on probation and among the conditions of probation, the defendant may be required(1) to pay a fine in one or several sums;(2)...
• 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...
• Sec. 12.55.102 Alcohol-Related Offenses.
  (a) The court may order as a condition of probation or generally as part of a sentence that a defendant convicted of an offense...
• Sec. 12.55.105 Probation Fee. [Repealed, Sec. 4 Ch 26 Sla 1989].
  Repealed or Renumbered
• Sec. 12.55.110 Notice and Grounds for Revocation of Suspension.
  (a) When sentence has been suspended, it may not be revoked except for good cause shown. In all proceedings for the revocation of a...
• Sec. 12.55.115 Fixing Eligibility for Discretionary Parole At Sentencing.
  The court may, as part of a sentence of imprisonment, further restrict the eligibility of a prisoner for discretionary parole for a term greater...
• Sec. 12.55.120 Appeal of Sentence.
  (a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two years of unsuspended incarceration...
• Sec. 12.55.125 Sentences of Imprisonment for Felonies.
  (a) A defendant convicted of murder in the first degree or murder of an unborn child under AS 11.41.150 (a)(1) shall be sentenced to...
• Sec. 12.55.127 Consecutive and Concurrent Terms of Imprisonment.
  (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later...
• Sec. 12.55.135 Sentences of Imprisonment for Misdemeanors.
  (a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.(b)...
• Sec. 12.55.137 Penalties for Gang Activities Punishable As Misdemeanors.
  (a) If a person commits an offense that would be a class B misdemeanor and the person committed the offense for the benefit of,...
• Sec. 12.55.139 Penalties for Criminal Nonsupport and Aiding Nonpayment of Child Support.
  (a) In addition to other penalties imposed for the offense of criminal nonsupport under AS 11.51.120 , the court may suspend, restrict, or revoke,...
• Sec. 12.55.140 Sentences for Violations. [Repealed, Sec. 23 Ch 59 Sla 1982].
  Repealed or Renumbered
• Sec. 12.55.145 Prior Convictions.
  (a) For purposes of considering prior convictions in imposing sentence under(1) AS 12.55.125 (c), (d), or (e),(A) a prior conviction may not be considered...
• Sec. 12.55.147 Fingerprints At Time of Sentencing.
  When a defendant is convicted of a felony by a court of this state, the defendant's fingerprints shall be placed on the judgment of...
• Sec. 12.55.148 Judgment for Sex Offenses or Child Kidnappings.
  (a) When a defendant is convicted of a sex offense or child kidnapping by a court of this state, the written judgment must set...
• Sec. 12.55.151 Court May Not Reduce or Mitigate Punishment Based on Victim's Failure to Appear or Testify.
  Notwithstanding another provision of law, when sentencing a defendant, a court may not mitigate or reduce the punishment of the defendant based on, or...
• Sec. 12.55.155 Factors in Aggravation and Mitigation.
  (a) Except as provided in (e) of this section, if a defendant is convicted of an offense and is subject to sentencing under AS...
• Sec. 12.55.165 Extraordinary Circumstances.
  (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence...
• Sec. 12.55.172 [Renumbered As As 12.55.180 ].
  
  Repealed or Renumbered
• Sec. 12.55.175 Three-Judge Sentencing Panel.
  (a) There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance...
• Sec. 12.55.180 Designation of Representative.
  If more than one person who qualifies as a victim under AS 12.55.185 desires notice under AS 12.55.088 , the prosecuting attorney shall designate...
• Sec. 12.55.185 Definitions.
  In this chapter, unless the context requires otherwise,(1) "active term of imprisonment" has the meaning given in AS 12.55.127;(2) "building" has the meaning given...

Last modified: November 15, 2016