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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 90. Granting of Probation.
previous: Section 88
. Modification of Sentence.
next: Section 100
. Conditions of Probation.
AS 12.55.090. Granting of Probation.
(a) Probation may be granted whether the offense under AS 11 or AS 16 or the crime is punishable by fine or imprisonment or both. If an offense under AS 11 or AS 16 or a crime is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.
(b) Except as otherwise provided in (f) of this section, the court may revoke or modify any condition of probation, change the period of probation, or terminate probation and discharge the defendant from probation.
(c) The period of probation, together with any extension, may not exceed
(1) 15 years for a felony sex offense;
(2) 10 years for an unclassified felony under AS 11;
(3) five years for a felony offense not listed in (1) or (2) of this subsection;
(4) three years for a misdemeanor offense
(A) under AS 11.41;
(B) that is a crime involving domestic violence; or
(C) that is a sex offense, as that term is defined in AS 12.63.100;
(5) two years for a misdemeanor offense under AS 28.35.030 or 28.35.032, if the person has previously been convicted of an offense under AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another jurisdiction; or
(6) one year for an offense not listed in (1) - (5) of this subsection.
(d) [Repealed, Sec. 11 ch 68 SLA 1965].
(e) [Repealed, Sec. 11 ch 68 SLA 1965].
(f) Unless the defendant and the prosecuting authority agree at the probation revocation proceeding or other proceeding related to a probation violation, the person qualifies for a reduction under AS 33.05.020(h), or a probation officer recommends to the court that probation be terminated and the defendant be discharged from probation under (g) of this section or AS 33.05.040, the court may not reduce the specific period of probation or the specific term of suspended incarceration except by the amount of incarceration imposed for a probation violation, if
(1) the sentence was imposed in accordance with a plea agreement under Rule 11, Alaska Rules of Criminal Procedure; and
(2) the agreement required a specific period of probation or a specific term of suspended incarceration.
(g) A probation officer shall recommend to the court that probation be terminated and a defendant be discharged from probation if the defendant
(1) has completed at least
(A) two years on probation if the person was convicted of a class A or class B felony that is not a crime under (5) of this subsection; or
(B) one year on probation if the person was convicted of a crime that is not a crime
(i) under (A) of this paragraph; or
(ii) under (5) of this subsection;
(2) has completed all treatment programs required as a condition of probation;
(3) has not been found in violation of conditions of probation by the court for the period specified in (1) of this subsection;
(4) is currently in compliance with all conditions of probation for all of the cases for which the person is on probation; and
(5) has not been convicted of an unclassified felony offense, a sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as defined in AS 18.66.990.
(h) Before a court may terminate probation and discharge the defendant before the period of probation for the offense has been completed under (g) of this section, the court shall allow victims to comment in writing to the court or allow a victim to give sworn testimony or make an unsworn oral presentation at a hearing held to determine whether to reduce the period of probation or terminate probation and discharge the defendant.
(i) If a probation officer recommends to the court that probation be terminated and a defendant be discharged from probation under (g) of this section, and if the victim has earlier requested to be notified, the Department of Corrections shall send the victim notice of the recommendation under (g) of this section and inform the victim of the victim's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.
(j) If the victim submits written comments directly to the court and the parties do not otherwise have the victim statements, the court shall distribute the statements to the parties.
(k) In deciding whether to terminate probation and discharge the defendant from probation under (g) of this section, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and defendant.
(l) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the defendant or the defendant's attorney.
(m) The court shall discharge the defendant from probation upon completion of the period of probation. The period of probation is considered to be completed when the combination of time served and credits earned under AS 33.05.020 is equal to the probation period imposed, or after the probationer has been discharged from probation under this section.
(n) In this section, "sex offense" has the meaning given in AS 12.63.100.
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