Section 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
        (1) one year, if the
             (A) conviction is for a crime with a mandatory minimum term of 30 days or more of active imprisonment;
             (B) trier of fact finds the aggravating factor that the conduct constituting the offense was among the most serious conduct included in the definition of the offense;
             (C) defendant has past criminal convictions for conduct violative of criminal laws, punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced;
             (D) conviction is for an assault in the fourth degree under AS 11.41.230; or
             (E) conviction is for a violation of
                  (i) AS 11.41.427;
                  (ii) AS 11.41.440;
                  (iii) AS 11.41.460, if the indecent exposure is before a person under 16 years of age; or
                  (iv) AS 11.61.118(a)(2);
        (2) 30 days.
   (b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than
        (1) 10 days unless otherwise specified in the provision of law defining the offense or in this section;
        (2) 90 days if the conviction is for a violation of
             (A) AS 11.61.116(c)(1) and the person is 21 years of age or older; or
             (B) AS 11.61.120(a)(6) and the person is 21 years of age or older.
   (c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 - 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.
   (d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at
        (1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of
             (A) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or AS 11.61.118;
             (B) 30 days if the defendant violated AS 11.41.230(a)(3);
        (2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,
             (A) "school bus" has the meaning given in AS 11.71.900;
             (B) "school district" has the meaning given in AS 47.07.063;
             (C) "school grounds" has the meaning given in AS 11.71.900.
   (e) If a defendant is sentenced under (c), (d), or (h) of this section,
        (1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
        (2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and
        (3) the minimum term of imprisonment may not otherwise be reduced.
   (f) A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.
   (g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of
        (1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;
        (2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.
   (h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.
   (i) If a defendant is sentenced under (g) of this section,
        (1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
        (2) imposition of sentence may not be suspended;
        (3) the minimum term of imprisonment may not otherwise be reduced.
   (j)   [Repealed, sec. 179, ch. 36, SLA 2016].  
   (k) In this section,
        (1) "crime against a person" means a crime under AS 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41;
        (2) "crime involving domestic violence" has the meaning given in AS 18.66.990;
        (3) "medical professional" means a person who is an anesthesiologist, dentist, dental hygienist, health aide, nurse, nurse aide, advanced practice registered nurse, mental health counselor, physician, physician assistant, chiropractor, psychiatrist, osteopath, psychologist, psychological associate, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.
   (l) A court sentencing a person convicted of theft in the fourth degree under AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of identification marks under AS 11.46.260(b)(3), unlawful possession under AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal simulation under AS 11.46.530(b)(3) may not impose
        (1) a sentence of more than five days of suspended imprisonment and a term of probation of more than six months if the person has previously been convicted two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements; or
        (2) a sentence of active or suspended imprisonment if the person has not been previously convicted, or has previously been convicted once, of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements.
   (m) A court may not impose a sentence of imprisonment for a definite term of more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110.
   (n) A court sentencing a person convicted of misconduct involving a controlled substance in the fourth degree under AS 11.71.050(a)(4) or misconduct involving a controlled substance in the fifth degree under AS 11.71.060(a)(2) may not impose
        (1) a sentence of active imprisonment, unless the person has previously been convicted more than once of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71; or
        (2) a sentence of suspended imprisonment greater than
             (A) 30 days, if the defendant has not been previously convicted of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71; or
             (B) 180 days, if the person has been previously convicted of an offense under AS 11.71 or a law of this or another jurisdiction with elements substantially similar to an offense under AS 11.71.
   (o) If an aggravating factor is a necessary element of the present offense, that factor may not be used to impose a sentence above the high end of the range.
   (p) If the state seeks to establish an aggravating factor at sentencing
        (1) under (a)(1)(C) of this section, written notice must be served on the opposing party and filed with the court not later than 10 days before the date set for imposition of sentence; the aggravating factor in (a)(1)(C) of this section must be established by clear and convincing evidence before the court sitting without a jury; all findings must be set out with specificity;
        (2) an aggravating factor under (a)(1)(B) of this section shall be presented to a trial jury under procedures set by the court, unless the defendant waives trial by jury, stipulates to the existence of the factor, or consents to have the factor proven under procedures set out in (1) of this subsection; an aggravating factor presented to a jury is established if proved beyond a reasonable doubt; written notice of the intent to establish an aggravating factor must be served on the defendant and filed with the court
             (A) not later than 10 days before trial or at a time specified by the court;
             (B) not later than 48 hours, or at a time specified by the court, if the court instructs the jury about the option to return a verdict for a lesser included offense; or
             (C) not later than five days before entering a plea that results in a finding of guilt or at a time specified by the court unless the defendant waives the notice requirement.

Authorities

12.55.125;12.55.145

Notes

Recent Bills that will modify this

SB 53 ADVANCED PRACTICE REGISTERED NURSES
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.55.125 Sentences of imprisonment for felonies.
AS 12.55.145 Prior convictions.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 2 ch 139 SLA 1980; am Sec. 22 ch 59 SLA 1982; am Sec. 13 ch 61 SLA 1982; am Sec. 31 ch 143 SLA 1982; am Sec. 4, 5 ch 92 SLA 1983; am Sec. 5, 6 ch 53 SLA 1991; am Sec. 3 ch 6 SLA 1996; am Sec. 14 ch 64 SLA 1996; am Sec. 5, 6 ch 71 SLA 1996; am Sec. 8, 9 ch 86 SLA 1998; am Sec. 3, 4 ch 106 SLA 1998; am Sec. 16 ch 53 SLA 2006; am Sec. 1 ch 86 SLA 2006; am Sec. 4, 5 ch 87 SLA 2006; am Sec. 27 ch 33 SLA 2016; am Sec. 91 - 93, 179 ch 36 SLA 2016)