Title 22 . Department of Corrections

Chapter 20 . Sex Offender Treatment Providers

Section 142. Numerical guidelines

22 AAC 20.142. Numerical guidelines

(a) In making parole release decisions, the board will use numerical guidelines in the months-served matrix set out in (f) of this section, which it has developed from empirical data, to guide it in exercising its discretion under AS 33.16.100 (a). These guidelines indicate, by offense category and prisoner risk, the customary range of time to be served before release on parole.

(b) The guidelines risk factor score sheet, set out in (g) of this section, and the months-served matrix, set out in (f) of this section, must be completed by the appropriate staff member before the initial parole release hearing. These forms are included as part of the parole packet for initial or "continued" parole release cases. They may be recomputed if necessary. The board reserves the right to make the final determination of the guidelines risk score and the months-served matrix. Guidelines apply only to an initial parole release decision. They do not apply to a subsequent reparole, revocation, or rescission decision.

(c) The board will make a decision within the guidelines range specified unless good cause exists to render a decision outside the range. If a decision is made outside the guidelines range, the board will note the reason in the record.

(d) Decisions above the guidelines will, in the board's discretion, be made based upon aggravating factors, which include:

(1) aggravated or sophisticated offense behavior (planning, aggravated bodily harm for crime category, most serious offense behavior in this class, etc.);

(2) substantial negative impact on the victim;

(3) magnitude of the offense (large amount of money, large amount of drugs, property damage, etc.);

(4) violation of position of trust or vulnerable victim;

(5) multiple offenses/multiple counts/multiple victims;

(6) extensive prior record;

(7) pattern of repetitive criminal behavior or violence;

(8) repeated probation/parole failures or probation/parole failures this sentence;

(9) failure on pretrial diversion or bond/bail/own recognizance (O.R.) failures;

(10) other verified criminal behavior;

(11) lengthy history of alcohol/drug abuse;

(12) failure to take advantage of alcohol/drug programming before this sentence or continued alcohol/drug use after exposure to programming;

(13) poor institutional behavior or failure to take advantage of institutional programming that might lessen the risk upon release;

(14) failure to make restitution when able to do so;

(15) well-reasoned negative recommendation of victim/judge/district attorney (D.A.) or other person or group; or

(16) any other reason that the board believes negates the reasonable probability that the prisoner meets the requirements of AS 33.16.100 (a).

(e) Decisions below the guidelines will, in the board's discretion, be made based upon mitigating factors, which include:

(1) verified pretrial diversion/bond/bail compliance over substantial period of time under strict reporting/supervision conditions;

(2) incident-free recent probation/parole history;

(3) no prior criminal behavior (including no verified criminal acts);

(4) exceptional institutional program achievement expected to significantly reduce the likelihood of recidivism;

(5) strong community support/resources available to applicant expected to significantly reduce the likelihood of recidivism;

(6) substantial cooperation with the government, resulting in the conviction of equal or more serious criminals;

(7) payment of a substantial amount of restitution to the victim;

(8) substantial, life-threatening medical problems;

(9) substantial continuous period in jail on other charges;

(10) parole would be to additional consecutive sentence or to a long-term (one year or longer) residential treatment program; or

(11) any other reason that the board believes enhances the reasonable probability that the prisoner meets the requirements of AS 33.16.100 (a).

(f) The months-served matrix used by the board as described in (a) of this section is as follows:

Offense Group Examples of Offenses Risk Score Risk A Risk B Risk C Risk D 0 to 6 7 to 14 15 to 29 30 to 49 Unclassified I Murder I. 120-** 150-** 180-** 210-** Unclassified II Murder II, Kidnapping, 60-** 80-** 100-** 120-** M.I.C.S. I. Unclassified III Sexual Abuse of Minor 32-** 40-** 50-** 62-** I, Sexual Assault I*. I Manslaughter, Aslt. I, 28-48 34-52 36-80 42-100 Sexual Aslt. I*, Attemp. Murder I or II. II Robbery I, Arson I, 14-32 18-40 28-48 34-52 Attemp. Kidnapping, Escape I, M.I.C.S. II, Crim. Poss. Explosives. III Burglary I, Robbery II, 8-24 11-28 14-32 18-40 Assault II, Sexual Aslt. II, S.A.M. II, Promoting Prostitution I, Unlawful Exploitation of a Minor. IV Issuing a Bad Check I, 6-18 8-24 11-28 14-32 Theft I, Forgery I, Escape II, Perjury, M.I.C.S. III, Arson II, Crim. Mischief I. V Criminal Neg. Homicide, 5-14 6-18 8-24 11-28 Sexual Assault III, S.A.M. III, Assault III, Incest, Endangering Welfare of Minor, Failure to Appear. VI Burglary II, Theft II, 4-12 5-14 6-18 8-24 Forgery II, Fraud, Use of Credit Card, Issuing a Bad Check II, Misconduct Weapons I, Criminal Mischief II, Escape III, M.I.C.S. IV. Misdemeanors Assault IV, Theft III, 3-7 3-8 4-9 6-10 Criminal Trespass I, Forgery III, Escape IV, Resisting Arrest, Misconduct Weapons II, S.A.M. IV ALL TIME-SERVED RANGES ABOVE ARE IN MONTHS

* Unclassified III Sexual Assault I for offenses committed after 9/30/82.

Group I Sexual Assault I for offenses committed before 10/1/82.

** Unclassifieds have minimum guidelines terms only.

(g) The following risk factor score sheet is used by the board in conjunction with the months-served matrix in (f) of this section to determine the customary range of time to be served, by offense category, before release on parole:

NAME ........................................................................ D.O.B. .................... (Last First M.I.) 1. Age at date of first offense for which convicted (adult or juvenile) ............ 25 or over = 0 20 - 24 = 2 19 or over = 4 2. Felony adjudications/convictions (adult or juvenile) ............ none = 0 1 = 2 2 or more = 4 3. Misdemeanant adjudications/convictions (adult or juvenile) ............ none = 0 1 to 3 = 2 4 or more = 4 4. Adjudications/convictions for Burglary, Criminal Trespass, or Forgery/Worthless checks/Credit cards (adult or juvenile) ............ none = 0 1 or more = 4 5. Probation or parole revocations/rescissions (adult or juvenile) ............ none = 0 1 = 2 2 or more = 4 6. Prior Employment, year before incarceration ............ F-T (includes Subsistence, Homemakers, Students) = 0 P-T or Seasonal = 1 Sporadic or none = 2 7. Alcohol Abuse - Problem drinking/alcoholism/any impaired functioning ............ No = 0 Yes = 4 8. Drug Abuse - use of any other drugs except marijuana ............ No = 0 Yes = 4 9. Disciplinary Adjudications (low moderate or higher, last three years) ............ none = 0 1 or 2 = 2 3 or more = 4 SUBTOTAL ................ 10. If current age now is 35 or older, = -2 ............ 11. If conviction for Sexual Assault (Minor or Adult, any degree) = 15 ............ 12. If successful completion of approved Sex Offender Program, = -9 ............ GRAND TOTAL ................ ................ RISK SCORES 0-6 = Risk A 15-29 = Risk C 7-14 = Risk B 30-49 = Risk D

History: Eff. 1/30/91, Register 117

Authority: AS 33.16.060

AS 33.16.100

AS 33.16.110

AS 33.16.130