Section 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   (f)   [Repealed, Sec. 11 ch 71 SLA 1996].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.

Authorities

12.55.015;12.55.039;12.55.100;47.12.030

Notes

Recent Bills that will modify this

HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.55.015 Authorized sentences; forfeiture.
AS 12.55.039 Surcharge.
AS 12.55.100 Conditions of probation.
AS 47.12.030 Provisions inapplicable.

History

(Sec. 12 ch 166 SLA 1978; am E.O. No. 55, Sec. 8 (1984); am Sec. 1, 2 ch 104 SLA 1984; am Sec. 4 ch 53 SLA 1991; am Sec. 3 ch 119 SLA 1994; am Sec. 11 ch 71 SLA 1996; am Sec. 5 ch 2 SLA 2005; am Sec. 74 - 76 ch 36 SLA 2016)