Section 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 serve a definite term of continuous or periodic imprisonment, not to exceed the maximum term of imprisonment that could have been imposed. The court may recommend that the defendant serve all or part of the term in a correctional restitution center.
   (b) A defendant imprisoned under this section is entitled to a deduction from the term of imprisonment for good conduct under AS 33.20.010.  Unless otherwise specified in the order of suspension of imposition of sentence, a defendant imprisoned under this section is eligible for parole if the term of imprisonment exceeds one year and is eligible for any work furlough, rehabilitation furlough, or similar program available to other state prisoners.
   (c) If probation is revoked and the defendant is sentenced to imprisonment, the defendant shall receive credit for time served under this section.  Deductions for good conduct under AS 33.20.010 do not constitute "time served."

Authorities

12.55.085;33.05.070;33.05.080;33.16.090

Notes

Implemented As

22 AAC 20.010
22 AAC 20.045

References

AS 12.55.085 Suspending imposition of sentence.
AS 33.05.070 Arrest of probationer.
AS 33.05.080 Definitions.
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.

History

(Sec. 1 ch 32 SLA 1979; am Sec. 4 ch 72 SLA 1985)