Section 33.30.161. Eligibility to serve time in a correctional restitution center.

   (a) The commissioner may not allow a prisoner to serve time in a correctional restitution center unless the commissioner specifically finds that the prisoner meets the eligibility requirements of this section.
   (b) To be eligible to serve time in a correctional restitution center, the prisoner
        (1) must be employable or eligible to work on community service projects approved by the commissioner and agree to secure employment or participate in community service projects and obey the rules of the center;
        (2) may not be serving a sentence for conviction of an offense
             (A) involving violence or the use of force;
             (B) under AS 11.41.320, 11.41.330, or AS 11.56.740;
        (3) may not have been convicted of a felony offense, in the state or another jurisdiction, involving violence or the use of force;
        (4) may not have been convicted of an offense under AS 11.41.410 - 11.41.470 or an offense in the state or another jurisdiction having elements substantially identical to an offense under AS 11.41.410 - 11.41.470; and
        (5) may not have been sentenced to a
             (A) mandatory 99-year term of imprisonment under AS 12.55.125(a); or
             (B) definite term of imprisonment under AS 12.55.125(l).
   (c) Unless the commissioner determines otherwise for good cause shown, a person sentenced to less than five days who is serving time in a correctional restitution center shall participate in a community service project when available.
   (d) In (b) of this section,
        (1) "force" has the meaning given in AS 11.81.900(b);
        (2) "violence or the use of force" includes possession of a firearm, as defined in AS 11.81.900(b), in the commission of an offense, whether or not the firearm was actually used.

Notes

Implemented As

22 AAC 05.352
22 AAC 05.355

References

22 AAC 05.352

History

(Sec. 6 ch 88 SLA 1986; am Sec. 2, 3 ch 82 SLA 1988; am Sec. 13 ch 64 SLA 1991; am Sec. 17 ch 7 SLA 1996)