Section 12.55.175. Three-judge sentencing panel.

   (a) There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance with rules and for terms as may be prescribed by the supreme court. Three judges of the panel shall be designated by the chief justice as members.  The remaining two judges shall be designated by the chief justice as first and second alternates to sit as members in the event of disqualification or disability in accordance with rules as may be prescribed by the supreme court.
   (b) Upon receipt of a record of proceedings under AS 12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel supplements the record, the panel shall permit the victim to testify before the panel. If the panel finds that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS 12.55.125.
   (c) The three-judge panel may in the interest of justice sentence the defendant to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS 12.55.015.
   (d) Sentencing of a defendant or remanding of a case under this section shall be by a majority of the three-judge panel.
   (e) If the three-judge panel determines under (b) of this section that manifest injustice would result from imposition of a sentence within the presumptive range and the panel also finds that the defendant has an exceptional potential for rehabilitation and that a sentence of less than the presumptive range should be imposed because of the defendant's exceptional potential for rehabilitation, the panel
        (1) shall sentence the defendant within the presumptive range required under AS 12.55.125 or as permitted under AS 12.55.155;
        (2) shall order the defendant under AS 12.55.015 to engage in appropriate programs of rehabilitation; and
        (3) may provide that the defendant is eligible for discretionary parole under AS 33.16.090 during the second half of the sentence imposed under this subsection if the defendant successfully completes all rehabilitation programs ordered under (2) of this subsection.
   (f) A defendant being sentenced for a sexual felony under AS 12.55.125(i) may not establish, nor may the three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposition of a sentence within the presumptive range based solely on the claim that the defendant, either singly or in combination, has
        (1) prospects for rehabilitation that are less than extraordinary; or
        (2) a history free of unprosecuted, undocumented, or undetected sexual offenses.
   (g) A defendant being sentenced under AS 12.55.125(c), (d), (e), or (i) may not establish, nor may a three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposing a sentence within the presumptive range based, in whole or in part, on the claim that the sentence may result in the classification of the defendant as deportable under federal immigration law.

Authorities

12.55.165;12.61.010;33.16.090

Notes

References

22 AAC 20.050
AS 12.55.165 Extraordinary circumstances.
AS 12.61.010 Rights of crime victims.
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 28 ch 79 SLA 1992; am Sec. 16 ch 63 SLA 1997; am Sec. 23, 24 ch 2 SLA 2005; am Sec. 23 ch 43 SLA 2013; am Sec. 4 ch 56 SLA 2014)