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Title 33. Probation, Prisons, Pardons, And Prisoners


Published: 2015

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Title 33. PROBATION, PRISONS, PARDONS, AND PRISONERS
Chapter 33.05. PROBATION ADMINISTRATION ACT

Sec. 33.05.010. Powers of commissioner.

The commissioner shall administer a probation system and enforce the probation laws in the superior court.

Sec. 33.05.020. Duties of commissioner; probation officers and personnel; ignition interlock devices.

 (a) The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015 (a), a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a person placed on probation for a misdemeanor offense.

 (b) The commissioner shall fix probation officers' and assistants' salaries, assign them to the various judicial districts, and shall provide for their necessary expenses including clerical services and travel. The commissioner may assign to all probation officers and personnel any duties concerning the administration of the parole system as provided in AS 33.16.

 (c) The commissioner shall by regulation

 (1) establish standards for calibration, certification, maintenance, and monitoring of ignition interlock devices required as a condition of probation or as part of a sentence under AS 12.55.102 or another statute; and

 (2) establish a fee to be paid by the manufacturer for the cost of certifying an ignition interlock device.

 (d) The regulations in (c) of this section must require that the ignition interlock device operate reliably over the range of automobile environments, otherwise known as automobile manufacturing standards, for the geographic area for which the device is certified.

 (e) The commissioner shall notify the manufacturer of the ignition interlock device when the device is certified. The commissioner may not certify an ignition interlock device unless the device prominently displays a label warning that a person circumventing or tampering with the device violates AS 11.76.140 and may be imprisoned and fined.

 (f) The commissioner shall establish a program for offenders on probation for a felony offense who have conditions of probation that include not consuming controlled substances or alcoholic beverages and who have been identified as being at moderate to high risk as identified by a risk-needs assessment. The commissioner shall adopt regulations to implement the program. The program shall

 (1) include random testing for controlled substances and alcoholic beverage use;

 (2) require that the probation officer file a petition with the court seeking appropriate sanctions by the close of the next business day if a probationer

 (A) fails to appear for an appointment as directed by the probation officer; or

 (B) tests positive for the use of controlled substances, inhalants, or alcoholic beverages; and

 (3) include a means to notify the court, by the close of the next business day, that a petition to revoke probation has been filed on a probationer placed in the program by the commissioner so that the court may review the petition, schedule a prompt hearing, address a request for a warrant provided by the probation officer, or take other action the court considers appropriate.

Sec. 33.05.030. Probation officers as officers of court.

 (a) All probation officers made available to the courts under this chapter shall be officers of the superior court and subject to the authority of the superior court.

 (b) The appointment of a probation officer shall be entered on the journal of the court in the judicial district where the probation officer shall be assigned, and one copy of the journal entry sent to the administrative director of the Alaska Court System.

Sec. 33.05.040. Duties of probation officers.

A probation officer shall

 (1) furnish to each probationer under the supervision of the officer a written statement of the conditions of probation and shall instruct the probationer regarding the same;

 (2) keep informed concerning the conduct and condition of each probationer under the supervision of the officer and shall report on the probationer to the court placing such person on probation;

 (3) use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition;

 (4) keep records of the probation work, keep accurate and complete accounts of all money collected from persons under the supervision of the officer, give receipts for money collected and make at least monthly returns of it, make the reports to the court and the commissioner required by them, and perform other duties the court may direct;

 (5) perform such duties with respect to persons on parole as the commissioner shall request, and in such service shall be termed a parole officer.

Sec. 33.05.050. Report of probation officer.

When directed by the court, the probation officer shall report to the court with a statement of the conduct of the probationer while on probation. Except as otherwise provided by law, the court may then discharge the probationer from further supervision and may terminate the proceedings against the probationer, or may extend the probation, as shall seem advisable.

Sec. 33.05.060. Transfer of jurisdiction over probationer.

Whenever during the period of probation, a probationer goes from the judicial district in which the probationer is being supervised to another judicial district, jurisdiction over the probationer may be transferred, in the discretion of the court, from the court for the district from which the probationer goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation may not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of probation the probationer goes from the district in which the probationer is being supervised to another district.

Sec. 33.05.070. Arrest of probationer.

 (a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of probation occurring during the probation period. The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found. If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.

 (b) As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090 (f), the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086 (c).

 (c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.

 (d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to

 (1) geographic limitations on the probationer's movements;

 (2) possessing or consuming controlled substances under state or federal law;

 (3) possessing firearms;

 (4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;

 (5) operating or driving a motor vehicle; or

 (6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.

Sec. 33.05.080. Definitions.

In this chapter, unless the context otherwise requires,

 (1) "commissioner" means the commissioner of corrections or the designee of the commissioner;

 (2) "probation," except as authorized under AS 12.55.086 , is a procedure under which a defendant, found guilty of a crime upon verdict or plea, is released by the superior court subject to conditions imposed by the court and subject to the supervision of the probation service as provided in this chapter.

Sec. 33.05.090. Short title.

This chapter may be cited as the Probation Administration Act.

Chapter 33.10. INTERSTATE COMPACT ON PROBATION AND PAROLE

[Renumbered as AS 33.36.110 - 33.36.120].

Chapter 33.15. PAROLE ADMINISTRATION ACT

[Repealed, Sec. 7 ch 88 SLA 1985].

Chapter 33.16. PAROLE ADMINISTRATION

Sec. 33.16.010. Parole.

 (a) A prisoner who is serving a term or terms of two years or more is eligible for mandatory parole.

 (b) A prisoner who is eligible under AS 33.16.090 may be granted discretionary parole by the board of parole.

 (c) A prisoner who is not eligible for discretionary parole, or who is not released on discretionary parole, shall be released on mandatory parole for the term of good time deductions credited under AS 33.20, if the term or terms of imprisonment are two years or more.

 (d) A prisoner released on special medical, discretionary, or mandatory parole is subject to the conditions of parole imposed under AS 33.16.150 . Parole may be revoked under AS 33.16.220 .

 (e) A prisoner eligible under AS 33.16.085 may be released on special medical parole by the Parole Board.

Sec. 33.16.020. Board of parole.

 (a) There is in the Department of Corrections a board of parole consisting of five members appointed by the governor, subject to confirmation by a majority of members of the legislature in joint session.

 (b) Members of the board serve for staggered terms of five years and until their successors are appointed.

 (c) The governor shall choose the presiding officer of the board from among the membership.

 (d) The governor shall make appointments to the board with due regard for representation on the board of the ethnic, racial, sexual, and cultural populations of the state.

 (e) The governor shall appoint at least one member who resides in the First Judicial District, one member who resides in the Third Judicial District, and one member who resides in either the Second or Fourth Judicial District.

Sec. 33.16.030. Selection criteria for board members.

 (a) The governor shall appoint board members on the basis of their qualifications to make decisions that are compatible with the welfare of the community and of individual offenders. The governor shall appoint members who are able to consider the character and background of offenders and the circumstances under which offenses were committed.

 (b) At least one person appointed to the board must have experience in the field of criminal justice.

 (c) Officers or employees of the state may not be appointed to the board.

Sec. 33.16.040. Compensation and expenses.

A board member is entitled to compensation at an amount to be set by the governor for each day the member is participating in business of the board, and is also entitled to the per diem and travel allowances provided under AS 39.20.180 .

Sec. 33.16.050. Meetings of the board.

 (a) The board may meet as often as it considers necessary to carry out its responsibilities, but shall meet at least four times a year.

 (b) Three members of the board constitute a quorum for the conduct of business.

 (c) Except when a member of the board imposes special conditions of mandatory parole for the board under AS 33.16.150 and except as provided in (e) of this section, decisions and orders of the board require the affirmative votes of a majority of the members present.

 (d) The board may conduct meetings by the use of teleconferencing facilities.

 (e) A meeting of the board is not required for a decision or order setting special conditions of mandatory parole by a single member of the board under AS 33.16.150 (b) and (e). If a prisoner or parolee who is aggrieved by the board member's decision or order applies to the full board under AS 33.16.150 (e) and 33.16.160 for a change in parole conditions, the board shall meet to act on the application.

Sec. 33.16.060. Duties of the board.

 (a) The board shall

 (1) serve as the parole authority for the state;

 (2) upon receipt of an application, consider the suitability for parole of a prisoner who is eligible for special medical or discretionary parole;

 (3) impose parole conditions on all prisoners released under discretionary or mandatory parole;

 (4) under AS 33.16.210 , discharge a person from parole when custody is no longer required;

 (5) maintain records of the meetings and proceedings of the board;

 (6) recommend to the governor and the legislature changes in the law administered by the board;

 (7) recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;

 (8) upon request of the governor, review and recommend applicants for executive clemency; and

 (9) execute other responsibilities prescribed by law.

 (b) The board shall adopt regulations under the Administrative Procedure Act (AS 44.62)

 (1) establishing standards under which the suitability of a prisoner for special medical or discretionary parole shall be determined;

 (2) providing for the supervision of parolees and for recommitment of parolees; and

 (3) governing procedures of the board.

 (c) The board shall establish a program for a parolee who has conditions of parole that include not consuming controlled substances or alcoholic beverages and who has been identified as being at moderate to high risk as identified by a risk-needs assessment. The program must

 (1) include random testing for controlled substance and alcoholic beverage use;

 (2) require that a parole officer file a parole violation report by the close of the next business day if a parolee

 (A) fails to appear for an appointment as directed by the parole officer; or

 (B) tests positive for the use of controlled substances or alcoholic beverages; and

 (3) include a means to notify the board by the close of the next business day that a parole violation report has been filed on a parolee placed in the program by the board.