Section 33.16.215. Sanctions for technical violations and other violations of parole [Effective January 1, 2017]..

   (a) If a parolee is serving a period of parole for an offense, the board may find that the parolee has committed a technical violation of parole. If the board finds that a parolee has committed a technical violation of parole that does not include absconding, the board may reinstate the term of parole with appropriate conditions or revoke parole and impose a term of imprisonment of not more than
        (1) three days for the first parole revocation;
        (2) five days for the second parole revocation;
        (3) 10 days for the third parole revocation; and
        (4) the remainder of the sentence for a fourth or subsequent parole revocation.
   (b) If the board revokes a parolee's parole for absconding, the board may impose a period of imprisonment not to exceed 30 days.
   (c) The limits on length of imprisonment the board may impose under this section if the board revokes a parolee's parole do not apply if the parolee is enrolled in the program established under AS 33.16.060(c).
   (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) and does not comply with the board's order, the board may order the parolee to show cause why the board should not revoke the parole for noncompletion of treatment. In a parole revocation proceeding brought as a result of failure to complete treatment, it is an affirmative defense that the parolee was unable to afford the cost of treatment or secure a place in a free treatment program, despite having made continuing good faith efforts. If the board finds that the parolee was unable to complete treatment despite having made continuing good faith efforts, the parole may not be revoked solely because of an inability to pay. If the board does not find that the noncompletion of treatment was attributable to the parolee's inability to pay, the board may revoke parole subject to the limits established in this section.
   (e) Notwithstanding (a) of this section, the board may not find a technical violation under this section if a person convicted of a sex offense as defined in AS 12.63.100 violates a special condition of parole that is similar to a probation condition described in AS 12.55.100(e).
   (f) In this section,
        (1) "absconding" means failing to report within five working days after release from custody under AS 33.20.030 or failing to report for a scheduled meeting with a parole officer, as directed by the board or the parole officer, and failing to make contact with the parole officer within 30 days following the missed meeting;
        (2) "technical violation" means a violation of the conditions of parole that does not constitute
             (A) a new criminal offense;
             (B) failing to complete sex offender treatment; or
             (C) failing to complete an intervention program for batterers.

Authorities

33.16.220;33.16.240;33.20.010

Notes

References

AS 33.16.220 Revocation of parole.
AS 33.16.240 Arrest of parole violator.
AS 33.20.010 Computation of good time.

History

(Sec. 145 ch 36 SLA 2016)