Section 33.16.089. Eligibility for administrative parole [Effective January 1, 2017]..

   (a) A prisoner convicted of a misdemeanor or a class B or C felony that is not a sex offense as defined in AS 12.63.100 or an offense under AS 11.41 who has not been previously convicted of a felony in this or another jurisdiction and who has been sentenced to an active term of imprisonment of at least 181 days shall be released on administrative parole by the board without a hearing if
        (1) the prisoner has served the greater of
             (A) one-fourth of the active term of imprisonment imposed;
             (B) the mandatory minimum term of imprisonment imposed; or
             (C) a term of imprisonment imposed under AS 12.55.115;
        (2) the prisoner is not excluded from eligibility for administrative parole by court order;
        (3) the prisoner has agreed to and signed the conditions of parole under AS 33.16.150;
        (4) the victim does not request a hearing to consider issues of public safety under AS 33.16.120; and
        (5) the prisoner has met the requirements of the case plan, including completing programming in the case plan, under AS 33.30.011(8).
   (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 does not meet the criteria for release on administrative parole under (a) of this section, the board shall consider the prisoner for discretionary parole.
   (c) If a victim makes a request at least 60 days before the prisoner's earliest parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the hearing not later than 30 days before the prisoner's earliest parole eligibility date. The board may release or deny release of a prisoner on administrative parole after the hearing.
   (d) The board shall send notice to the victim at least 90 days before the prisoner's earliest parole eligibility date and provide instructions on how to request a hearing under AS 33.16.120.

Authorities

12.55.115;33.16.010;33.16.090;33.16.100;33.16.120;33.16.180;33.16.900

Notes

References

AS 12.55.115 Fixing eligibility for discretionary or administrative parole at sentencing. [See delayed amendment note]..
AS 33.16.010 Parole.
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.
AS 33.16.100 Granting of discretionary parole.
AS 33.16.120 Rights of certain victims in connection with parole.
AS 33.16.180 Duties of the commissioner [See delayed amendment note]..
AS 33.16.900 Definitions.

History

(Sec. 122 ch 36 SLA 2016)