Section 33.16.090. Eligibility for discretionary parole and minimum terms to be served.

   (a) [See delayed amendment note]. =ro A prisoner sentenced to an active term of imprisonment of at least 181 days and who has not been released on administrative parole as provided in AS 33.16.089 may, in the discretion of the board, be released on discretionary parole if the prisoner
        (1) has served the amount of time specified under (b) of this section, except that
             (A) a prisoner sentenced to one or more mandatory 99-year terms under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not eligible for consideration for discretionary parole;
             (B) a prisoner is not eligible for consideration of discretionary parole if made ineligible by order of a court under AS 12.55.115;
             (C) a prisoner imprisoned under AS 12.55.086 is not eligible for discretionary parole unless the actual term of imprisonment is more than one year; or
        (2) is at least 60 years of age, has served at least 10 years of a sentence for one or more crimes in a single judgment, and has not been convicted of an unclassified felony or a sexual felony as defined in AS 12.55.185.
   (b) [See delayed amendment note]. =ro A prisoner eligible under (a)(1) of this section who is sentenced
        (1) to a single sentence under AS 12.55.125(a) or (b) may not be released on discretionary parole until the prisoner has served the mandatory minimum term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest;
        (2) to a single sentence within or below a presumptive range set out in AS 12.55.125(1)(1) an (2), and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served the term imposed, less good time earned under AS 33.20.010;
        (3) to a single sentence under AS 12.55.125(i), and has been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release during the second half of the sentence, may not be released on discretionary parole until
             (A) the prisoner has served that portion of the active term of imprisonment required by the three-judge panel; and
             (B) in addition to the factors set out in AS 33.16.100(a), the board determines that
                  (i) the prisoner has successfully completed all rehabilitation programs ordered by the three-judge panel that were made available to the prisoner; and
                  (ii) the prisoner would not constitute a danger to the public if released on parole;
        (4) to a single enhanced sentence under AS 12.55.155(a) that is above the applicable presumptive range may not be released on discretionary parole until the prisoner has served the greater of the following:
             (A) an amount of time, less good time earned under AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth of the amount of time above the presumptive range; or
             (B) any term set under AS 12.55.115;
        (5) to a single sentence under any other provision of law may not be released on discretionary parole until the prisoner has served at least one-fourth of the active term of imprisonment, any mandatory minimum sentence imposed under any provision of law, or any term set under AS 12.55.115, whichever is greatest;
        (6) to concurrent sentences may not be released on discretionary parole until the prisoner has served the greatest of
             (A) any mandatory minimum sentence or sentences imposed under any provision of law;
             (B) any term set under AS 12.55.115; or
             (C) the amount of time that is required to be served under (1) - (5) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed;
        (7) to consecutive or partially consecutive sentences may not be released on discretionary parole until the prisoner has served the greatest of
             (A) the composite total of any mandatory minimum sentence or sentences imposed under any provision of law, including AS 12.55.127;
             (B) any term set under AS 12.55.115; or
             (C) the amount of time that is required to be served under (1) - (5) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed, plus one-quarter of the composite total of the active term of imprisonment imposed as consecutive or partially consecutive sentences imposed for all crimes other than the primary crime.
        (8) to a single sentence under AS 12.55.125(i)(3) and (4), and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served, after a deduction for good time earned under AS 33.20.010, one-half of the active term of imprisonment imposed.
   (c) As used in this section,
        (1) "active term of imprisonment" has the meaning given in AS 12.55.127;
        (2) "primary crime" has the meaning given in AS 12.55.127.

Authorities

12.55.175;33.16.010;33.16.089;33.16.100;33.16.180

Notes

Implemented As

22 AAC 20.005
22 AAC 20.010
22 AAC 20.035
22 AAC 20.040
22 AAC 20.045
22 AAC 20.050
22 AAC 20.055
22 AAC 20.060
22 AAC 20.065
22 AAC 20.070
22 AAC 20.085
22 AAC 20.165

References

22 AAC 20.085
AS 12.55.175 Three-judge sentencing panel.
AS 33.16.010 Parole.
AS 33.16.089 Eligibility for administrative parole [Effective January 1, 2017]..
AS 33.16.100 Granting of discretionary parole.
AS 33.16.180 Duties of the commissioner [See delayed amendment note]..

History

(Sec. 2 ch 88 SLA 1985; am Sec. 30 - 32 ch 79 SLA 1992; am Sec. 14 ch 7 SLA 1996; am Sec. 5, 6 ch 125 SLA 2004; am Sec. 28 ch 2 SLA 2005; am Sec. 47 ch 41 SLA 2009; am Sec. 123, 124 ch 36 SLA 2016)