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Rule 32. Sentence and Judgment.
(a) Sentence. Sentence shall be imposed without unreasonable delay. Sentencing in felony cases shall follow the procedures established in this rule and Rules 32.1 through 32.5. Sentencing in misdemeanor cases shall follow the procedures established in this rule and Rules 32.2(b) - (f), 32.3, and 32.5.
(b) Judgment - Execution.
(1) Execution. The judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. At the time of imposition of sentence, the judge or magistrate shall make a statement on the record explaining the reasons for imposition of the sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge or magistrate. When the sentence includes a term of incarceration, the clerk promptly shall deliver a copy of the judgment to a peace officer or correctional facility. If the defendant does not appear at the correctional facility at the time specified, the peace officer or a representative of the correctional facility shall promptly notify the court by affidavit.
(2) Conviction of a Corporation. If a corporation is convicted of any criminal offense, the judge shall enter judgment against the corporation and shall cause such judgment to be enforced in the same manner as a judgment in a civil action, or as otherwise provided by law.
(c) Judgment for Sex Offenses or Child Kidnapping. When a defendant is convicted of a sex offense defined in AS 12.63.100 or child kidnapping as defined in AS 12.63.100, the written judgment must set out the requirements of AS 12.63.010 and, if it can be determined by the court, the period of registration required under AS 12.63.
(d) Judgment for Crimes Involving Domestic Violence. In a case in which the defendant is convicted of an offense listed in AS 18.66.990(3) and the prosecution claims at sentencing that the offense is a crime involving domestic violence, the court must determine whether the offense is a crime involving domestic violence as defined in AS 18.66.990(3) and (5). This determination must be made on the record and noted on the judgment.
(e) Judgment for Crime Against a Person. In a case in which the defendant is convicted of a crime against a person as defined in AS 44.41.035(j), the written judgment must set out the requirements of AS 12.55.015(i).
(Adopted by SCO 4 October 4, 1959; amended by SCO 157 effective February 15, 1973; by Amendment No. 5 to SCO 157 effective July 1, 1974; by SCO 330 effective January 1, 1979; by SCO 418 effective August 1, 1980; by SCO 436 effective October 21, 1980; by SCO 437 effective October 21, 1980; by SCO 550 effective February 1, 1983; by SCO 554 effective April 4, 1983; by SCO 603 effective September 14, 1984; by SCO 976 effective January 15, 1990; by SCO 979 effective August 28, 1989; by SCO 1028 effective July 15, 1990; by SCO 1049 effective January 15, 1991; by SCO 1092 effective July 15, 1992; repealed and reenacted by SCO 1136 effective July 15, 1993; amended by SCO 1204 effective July 15, 1995; by SCO 1289 effective January 15, 1998; by SCO 1341 effective September 10, 1998; and by SCO 1343 effective January 1, 1999)
Note to SCO 1204: The requirement that a judgment for conviction of a sex offense must set out the requirements of AS 12.63.010 was added by ch. 41 § 3 SLA 1994. Section 7 of this order is adopted for the sole reason that the legislature has mandated the amendments.
Note to SCO 1341: Paragraph (e) of Criminal Rule 32 was added by § 11 ch. 95 SLA 1998. Section 3 of this order is adopted for the sole reason that the legislature has mandated the amendment.
Cross References
(a) CROSS REFERENCES: AS 12.55.010
(b) CROSS-REFERENCES: Administrative Bulletin No. 17.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
