Section 12.55.078. Suspending entry of judgment.

   (a) Except as provided in (f) of this section, if a person is found guilty or pleads guilty to a crime, the court may, with the consent of the defendant and the prosecution and without imposing or entering a judgment of guilt, defer further proceedings and place the person on probation. The period of probation may not exceed the applicable terms set out in AS 12.55.090(c).
   (b) The court shall impose conditions of probation for a person on probation as provided in (a) of this section, which may include that the person
        (1) abide by all local, state, and federal laws;
        (2) not leave the state without prior consent of the court;
        (3) pay restitution as ordered by the court; and
        (4) obey any other conditions of probation set by the court.
   (c) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the court finds that the person placed on probation is
        (1) violating the conditions of probation;
        (2) engaging in criminal practices; or
        (3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).
   (d) If the court finds that the person has successfully completed probation, the court shall, at the end of the probationary period set by the court, or at any time after the expiration of one year from the date of the original probation, discharge the person and dismiss the proceedings against the person.
   (e) If the court finds that the person has violated the conditions of probation ordered by the court, the court may revoke and terminate the person's probation, enter judgment on the person's previous plea or finding of guilt, and pronounce sentence at any time within the maximum probation period authorized by this section.
   (f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who
        (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135;
        (2) uses a firearm in the commission of the offense for which the person is convicted;
        (3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person's prospects for rehabilitation are high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community;
        (4) is convicted of a violation of AS 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if
             (A) the charges were dismissed under this section;
             (B) the conviction has been set aside under AS 12.55.085; or
             (C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction; or
        (5) has been convicted of a crime involving domestic violence, as defined in AS 18.66.990.

Authorities

22.35.030

Notes

References

AS 22.35.030 Records concerning criminal cases resulting in acquittal or dismissal.

History

(Sec. 77 ch 36 SLA 2016)