Section 12.55.025. Sentencing procedures.

   (a) [See delayed amendment note]. =ro When imposing a sentence for conviction of a felony offense or a sentence of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that includes the following:
        (1) a verbatim record of the sentencing hearing and any other in-court sentencing procedures;
        (2) findings on material issues of fact and on factual questions required to be determined as a prerequisite to the selection of the sentence imposed;
        (3) a clear statement of the terms of the sentence imposed; if a term of imprisonment is imposed, the statement must include
             (A) the approximate minimum term the defendant is expected to serve before being released or placed on mandatory parole if the defendant is eligible for and does not forfeit good conduct deductions under AS 33.20.010; and
             (B) if applicable, the approximate minimum term of imprisonment the defendant must serve before becoming eligible for release on discretionary or administrative parole;
        (4) any recommendations as to the place of confinement or the manner of treatment; and
        (5) in the case of a conviction for a felony offense, information assessing
             (A) the financial, emotional, and medical effects of the offense on the victim;
             (B) the need of the victim for restitution; and
             (C) any other information required by the court.
   (b) The sentencing report required under (a) of this section shall be furnished within 30 days after imposition of sentence to the Department of Law, the defendant, the Department of Corrections, the state Board of Parole if the defendant will be eligible for parole, and to the Alcoholic Beverage Control Board if the defendant is to be sentenced for a conviction of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted under AS 04.21.010.
   (c) [See delayed amendment note]. =ro Except as provided in (d) of this section, when a defendant is sentenced to imprisonment, the term of confinement commences on the date of imposition of sentence unless the court specifically provides that the defendant must report to serve the sentence on another date. If the court provides another date to begin the term of confinement, the court shall provide the defendant with written notice of the date, time, and location of the correctional facility to which the defendant must report. A defendant shall receive credit for time spent in custody pending trial, sentencing, or appeal, if the detention was in connection with the offense for which sentence was imposed including a technical violation of probation as provided in AS 12.55.110. A defendant may not receive credit for more than the actual time spent in custody pending trial, sentencing, or appeal. The time during which a defendant is voluntarily absent from official detention after the defendant has been sentenced may not be credited toward service of the sentence.
   (d) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail.  If an appeal is taken and the defendant is not admitted to bail, the Department of Corrections shall designate the facility in which the defendant shall be detained pending appeal or admission to bail.
   (e)   [Repealed, Sec. 7 ch 125 SLA 2004]. 
   (f) A sentence that the defendant pay money, either as a fine or in restitution or both, constitutes a lien in the same manner as a judgment for money entered in a civil action. Nothing in this section limits the authority of the court to otherwise enforce payment of a fine or restitution.
   (g)   [Repealed, Sec. 7 ch 125 SLA 2004]. 
   (h)   [Repealed, Sec. 7 ch 125 SLA 2004]. 
   (i) Except as otherwise provided in this chapter, the preponderance of the evidence standard of proof applies to sentencing proceedings.
   (j) The approximate minimum terms provided under (a)(3) of this section in the sentencing report are for information purposes only. The approximate minimum terms are not part of the sentence imposed and do not form a basis for review or appeal of the sentence imposed or provide a defendant with a right to any specific term of imprisonment or supervised release on mandatory parole.
   (k) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail in connection with an offense for which the defendant is being sentenced, the defendant shall file notice with the court and the prosecutor 10 days before the sentencing hearing. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except as provided in (l) of this section, except for good cause, a court may not consider a request for credit made under this subsection more than 90 days after the sentencing hearing.
   (l) If a defendant intends to claim credit under AS 12.55.027 toward a sentence of imprisonment for time spent in a treatment program as a condition of bail while pending appeal, the defendant shall file notice with the court and the prosecutor not later than 90 days after return of the case to the trial court following appeal. The notice shall include the number of days the defendant is claiming. The defendant must prove by a preponderance of evidence that the requirements of AS 12.55.027 are met before credit may be awarded. Except for good cause, the court may not consider a request for credit made under this subsection after the deadline.

Authorities

4.11.530; 4.11.535; 9.38.500;12.55.020;12.55.025;33.30.211

Notes

Recent Bills that will modify this

HB 196 SENTENCING PROCEDURES; GOOD TIME CREDIT
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

Implemented As

22 AAC 20.075
22 AAC 20.085

References

AS 4.11.530 .530">Sec. 04.11.530. Consideration of reports.
AS 4.11.535 .535">Sec. 04.11.535. Suspension and revocation based on acts of employees.
AS 9.38.500 .500">Sec. 09.38.500. Definitions.
AS 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
AS 12.55.020 Enforcing judgment to pay money. [Repealed, Sec. 21 ch 166 SLA
AS 33.30.211 Transmission of documents.

History

(Sec. 12 ch 166 SLA 1978; Sec. 7, 8 ch 131 SLA 1980; am Sec. 24, 25 ch 143 SLA 1982; am E.O. No. 55, Sec. 6, 7 (1984); am Sec. 2 ch 154 SLA 1984; am Sec. 5, 6 ch 66 SLA 1988; am Sec. 21, 22 ch 79 SLA 1992; am Sec. 2 ch 7 SLA 1996; am Sec. 3, 4 ch 37 SLA 1997; am Sec. 13 ch 81 SLA 1998; am Sec. 6 ch 124 SLA 2000; am Sec. 2, 7 ch 125 SLA 2004; am Sec. 4 ch 2 SLA 2005; am Sec. 8 ch 70 SLA 2012; am Sec. 18 ch 43 SLA 2013; am Sec. 66, 67 ch 36 SLA 2016)

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