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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 55. Community Work.
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Section 51. Enforcement of Fines and Restitution.
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Section 60. - 12.55.075 Prior Convictions; Sentencing Reports; Imposition of Sentence. [Repealed, Sec. 21 Ch 166 SLA 1978].
AS 12.55.055. Community Work.
- (a) The court may order a defendant convicted of an offense to perform community work as a condition of probation, a
suspended sentence, suspended imposition of sentence, or suspended entry of judgment, or in addition to any fine or restitution ordered. If the
defendant is sentenced to imprisonment, the court may recommend to the Department of Corrections that the defendant
perform community work.
- (b) Community work includes work on projects designed to reduce or eliminate environmental damage, protect the public
health, or improve public lands, forests, parks, roads, highways, facilities, or education. Community work may not
confer a private benefit on a person except as may be incidental to the public benefit.
- (c) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine,
surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of
community work in lieu of a fine is the state's minimum wage for each hour.
- (d) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence
of imprisonment. Substitution of community work shall be at a rate of eight hours for each day of imprisonment. A
court may not offer substitution of community work for any mandatory minimum period of imprisonment or for any period
within the presumptive range of imprisonment for the offense.
- (e) Medical benefits for an individual injured while performing community work at the direction of the state shall be
assumed by the state to the extent not covered by collateral sources. When the state pays medical benefits under this
subsection, a claim for medical expenses by the injured individual against a third party is subrogated to the state.
- (f) [Repealed, § 11 ch 71 SLA 1996].
- (g) The court may not
- (1) offer a defendant convicted of an offense the option of serving jail time in lieu of performing uncompleted
community work previously ordered by the court; or
- (2) convert uncompleted community work hours into a sentence of imprisonment.
- (h) If a court orders community work as part of the defendant's sentence under this section, the court shall provide
notice to the defendant at sentencing and include as a provision of the judgment that if the defendant fails to provide proof of community
work within 20 days after the date set by the court, the court shall convert those community work hours to a fine equal to the number of
uncompleted work hours multiplied by the state's minimum hourly wage and issue a judgment against the defendant for that amount.
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