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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 85. Suspending Imposition of Sentence.
previous: Section 80
. Suspension of Sentence and Probation.
next: Section 86
. Imprisonment as a Condition of Suspended Imposition of Sentence.
AS 12.55.085. Suspending Imposition of Sentence.
- (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment,
or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and
may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be
imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and
shall place the person on probation, under the charge and supervision of the probation officer of the court during the
- (b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant
or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the
court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the
probation if the interests of justice require, and if the court, in its judgment, has reason to believe that the
person placed upon probation is
- (1) violating the conditions of probation;
- (2) engaging in criminal practices; or
- (3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under
- (c) Upon the revocation and termination of the probation, the court may pronounce sentence at any time within the maximum
probation period authorized by this section, subject to the limitation specified in AS 12.55.086(c).
- (d) The court may at any time during the period of probation revoke or modify its order of suspension of imposition of
sentence. It may at any time, when the ends of justice will be served, and when the good conduct and reform of the
person held on probation warrant it, terminate the period of probation and discharge the person held. If the court has
not revoked the order of probation and pronounced sentence, the defendant shall, at the end of the term of probation,
be discharged by the court.
- (e) Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to
the person a certificate to that effect.
- (f) The court may not suspend the imposition of sentence of a person who
- (1) is convicted of a violation of AS 11.41.100
- 11.41.220, 11.41.260 - 11.41.320, 11.41.410 - 11.41.530, or AS 11.46.400
- (2) uses a firearm in the commission of the offense for which the person is convicted; or
- (3) is convicted of a violation of AS 11.41.230
- 11.41.250 or a felony and the person has one or
more prior convictions for a misdemeanor violation of AS 11.41 or
for a felony or for a violation of a law in this or another jurisdiction having substantially similar elements to an
offense defined as a misdemeanor in AS 11.41 or as a felony in
this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that
conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another
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