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(a) Resolution of Preliminary Issues.
(1) The parties shall be given an opportunity to present evidence and argument relevant to any factual and legal disputes remaining after the presentencing hearing.
(2) Based on evidence presented at the presentencing and sentencing hearings, the judge shall enter specific findings and conclusions regarding:
(A) the number of prior convictions, if any, established for presumptive sentencing purposes in accordance with AS 12.55.145(d);
(B) whether each of the aggravating and mitigating factors and extraordinary circumstances alleged by the parties have been established; and
(C) whether controverted allegations have been proved in whole or in part. No finding is necessary if the judge determines that the controverted allegation will not be taken into account in sentencing.
(3) Allegations that the judge finds are not established, or that the judge determine will not be considered, shall be deleted from the judge's copy of the presentence report. The judge shall enter on the judge's copy of the presentence report any corrections that it makes. The judge's corrected copy shall be designated as the "Approved Version." The judge shall send a copy of the approved version to the Department of Corrections.
(b) Consideration of Victim's Statement. If a victim prepares and submits a written statement, gives sworn testimony or makes an unsworn oral presentation under AS 12.55.023, the judge:
(1) shall take the content of the statement, testimony, or presentation into consideration:
(A) when preparing those elements of the sentencing report required by AS 12.55.025 that relate to the effect of the offense on the victim; and
(B) when considering the need for restitution under AS 12.55.045; and
(2) may take the content of the statement, testimony, or presentation into consideration in any other circumstances that the judge believed necessary.
(c) Definitions. In (b) of this rule, "victim" has the meaning given in AS 12.55.185.
(d) Defendant's Allocution. Before imposing sentence the court shall afford the defendant an opportunity to make a statement in the defendant's own behalf and to present any information in mitigation of punishment.
(e) Imposition of Sentence. At the sentencing hearing, the judge shall impose sentence and shall clearly state the precise terms of the sentence imposed, the reasons for selecting the particular sentence, and the purposes the sentence is intended to serve. If the defendant is sentenced to a term of imprisonment for a felony offense, to a term of imprisonment exceeding 90 days for a misdemeanor offense, or to a term of imprisonment for a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the judge shall, for information purposes, identify
(1) the approximate term of imprisonment the defendant must serve if the defendant is eligible for and does not forfeit good conduct deductions under AS 33.20.010; and
(2) if applicable, the approximate minimum term of imprisonment the defendant must serve before becoming eligible for release on discretionary parole.
The approximate terms of imprisonment provided for information purposes are not part of the sentence imposed and do not form a basis for review or appeal of the sentence imposed.
(f) Transcript of Sentencing Proceeding. A transcript or cassette of any sentencing proceeding at which the defendant is committed to serve a term of incarceration in excess of six months on one or more charges shall be prepared and furnished to the Department of Law, the defendant, the Department of Corrections, the State Board of Parole, if the defendant will be eligible for parole, and to the Alcoholic Beverage Control Board if the defendant was convicted of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted under AS 04.21.010.
(Added by SCO 1136 effective July 15, 1993; amended by SCO 1288 effective nunc pro tunc to August 13, 1997)
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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