Section 33.16.100. Granting of discretionary parole.

   (a) [See delayed amendment note]. =ro The board may authorize the release of a prisoner convicted of an unclassified felony who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability exists that
        (1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
        (2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;
        (3) the prisoner will not pose a threat of harm to the public if released on parole; and
        (4) release of the prisoner on parole would not diminish the seriousness of the crime.
   (b) [See delayed amendment note]. =ro If the board finds a change in circumstances in a prisoner's preparole reports listed in AS 33.16.110(a), or discovers new information concerning a prisoner who has been granted a parole release date, the board may rescind or revise the previously granted parole release date. In reconsidering the release date, the procedures set out in AS 33.16.130 shall be followed.
   (c)  [Repealed, Sec. 32 ch 2 SLA 2005]. 
   (d)  [Repealed, Sec. 32 ch 2 SLA 2005]. 
   (e)  [Repealed, Sec. 179, ch. 36 SLA 2016].
   (f) [Effective January 1, 2017]. =ro The board shall authorize the release of a prisoner who has been convicted of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created under AS 33.30.011(8), has agreed to and signed the condition of parole under AS 33.16.150, and has not been released on administrative parole under AS 33.16.089, unless the board finds by clear and convincing evidence on the record that the prisoner poses a threat of harm to the public if released on parole. If the board finds that the incomplete case plan is not the fault of the prisoner or that the prisoner would not pose a threat of harm to the public if released on parole, the board may waive the case plan requirement.
   (g) [Effective January 1, 2017]. =ro When considering a prisoner for release on discretionary parole under AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that
        (1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
        (2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;
        (3) the prisoner will not pose a threat of harm to the public if released on parole; and
        (4) release of the prisoner on parole would not diminish the seriousness of the crime.

Authorities

33.16.090;33.16.130

Notes

Implemented As

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 20.075
22 AAC 20.080
22 AAC 20.085
22 AAC 20.145
22 AAC 20.150
22 AAC 20.155
22 AAC 20.165
22 AAC 20.175
22 AAC 20.180
22 AAC 20.260
22 AAC 20.277
22 AAC 20.285
22 AAC 20.290
22 AAC 20.295
22 AAC 20.300
22 AAC 20.305
22 AAC 20.310
22 AAC 20.315
22 AAC 20.940
22 AAC 20.945

References

22 AAC 20.045
22 AAC 20.080
22 AAC 20.285
22 AAC 20.290
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.
AS 33.16.130 Parole procedures [See delayed amendment note]..

History

(Sec. 2 ch 88 SLA 1985; am Sec. 3 ch 77 SLA 1987; am Sec. 29, 32 ch 2 SLA 2005; am Sec. 125 - 127, 179 ch 36 SLA 2016)