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Alaska Pardon and Parole Laws

Alaska laws on pardon and parole can be found in Alaska Stat. § 33.20.070 through Alaska Stat. § 33.20.080.

Pursuant to Alaska Stat. § 33.16.020, a board of parole is established in the Department of Corrections consisting of five members appointed by the governor, subject to confirmation by a majority of members of the legislature in joint session.

Duties of the Board

Pursuant to Alaska Stat. § 33.16.060, the board must

1) serve as the parole authority for the state;
2) upon receipt of an application, consider the suitability for parole of a prisoner who is eligible for special medical or discretionary parole;
3) impose parole conditions on all prisoners released under discretionary or mandatory parole;
4) under AS 33.16.210, discharge a person from parole when custody is no longer required;
5) maintain records of the meetings and proceedings of the board;
6) recommend to the governor and the legislature changes in the law administered by the board;
7) recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;
8) upon request of the governor, review and recommend applicants for executive clemency; and
9) execute other responsibilities prescribed by law.

Moreover, the board must adopt the  following regulations under the Administrative Procedure Act (AS 44.62):

1) establishing standards under which the suitability of a prisoner for special medical or discretionary parole must be determined;
2) providing for the supervision of parolees and for recommitment of parolees; and
3) governing procedures of the board[i].

Conditions of Parole

Pursuant to Alaska Stat. § 33.16.150, as a condition of parole, a prisoner released on special medical, discretionary, or mandatory parole:

(1) must obey all state, federal, or local laws or ordinances, and any court orders applicable to the parolee;
2) must make diligent efforts to maintain steady employment or meet family obligations;
3) must, if involved in education, counseling, training, or treatment, continue in the program unless granted permission from the parole officer assigned to the parolee to discontinue the program;
4) must report:

(A) upon release to the parole officer assigned to the parolee;
(B) at other times, and in the manner, prescribed by the board or the parole officer assigned to the parolee;

5) must reside at a stated place and not change that residence without notifying, and receiving permission from, the parole officer assigned to the parolee;
6) must remain within stated geographic limits unless written permission to depart from the stated limits is granted to the parolee;
7) may not use, possess, handle, purchase, give, distribute, or administer a controlled substance as defined in AS 11.71.900 or under federal law or a drug for which a prescription is required under state or federal law without a prescription from a licensed medical professional to the parolee;
8) may not possess or control a firearm;
9) may not enter into an agreement or other arrangement with a law enforcement agency or officer that will place the parolee in the position of violating a law or parole condition without the prior approval of the board;
10) may not contact or correspond with anyone confined in a correctional facility of any type serving any term of imprisonment or a felon without the permission of the parole officer assigned to a parolee;
11) must agree to waive extradition from any state or territory of the United States and to not contest efforts to return the parolee to the state;
12) must provide a blood sample, an oral sample, or both, when requested by a health care professional acting on behalf of the state to provide the sample or samples, or an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer, if the prisoner is being released after a conviction of an offense requiring the state to collect the sample or samples for the deoxyribonucleic acid identification system under AS 44.41.035;
13) from a conviction for a sex offense, prisoner must submit to regular periodic polygraph examinations.

Alaska Stat. § 33.16.150 provides that the board may require as a condition of special medical, discretionary, or mandatory parole, or a member of the board acting for the board may require as a condition of mandatory parole, that a prisoner released on parole:

1) must not possess or control a defensive weapon, a deadly weapon other than an ordinary pocket knife with a blade three inches or less in length, or ammunition for a firearm, or reside in a residence where there is a firearm capable of being concealed on one’s person or a prohibited weapon;
2) refrain from possessing or consuming alcoholic beverages;
3) submit to reasonable searches and seizures by a parole officer, or a peace officer acting under the direction of a parole officer;
4) submit to appropriate medical, mental health, or controlled substance or alcohol examination, treatment, or counseling;
5) submit to periodic examinations designed to detect the use of alcohol or controlled substances;
6) make restitution ordered by the court according to a schedule established by the board;
7) refrain from opening, maintaining, or using a checking account or charge account;
8) refrain from entering into a contract other than a prenuptial contract or a marriage contract;
9) refrain from operating a motor vehicle;
10) refrain from entering an establishment where alcoholic beverages are served, sold, or otherwise dispensed;
11) refrain from participating in any other activity or conduct reasonably related to the parolee’s offense, prior record, behavior or prior behavior, current circumstances, or perceived risk to the community, or from associating with any other person that the board determines is reasonably likely to diminish the rehabilitative goals of parole, or that may endanger the public; in the case of special medical parole, for a prisoner diagnosed with a communicable disease, comply with conditions set by the board designed to prevent the transmission of the disease.

Alaska Stat. § 33.16.150 provides that the board may impose as a condition of special medical, discretionary, or mandatory parole for a prisoner serving a term for a crime involving domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) — (7); (2) a requirement that, at the prisoner’s expense, the prisoner participate in and complete, to the satisfaction of the board, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by and approved by, the department, and any other condition necessary to rehabilitate the prisoner.

Alaska Stat. § 33.16.150 provides that in addition to other conditions of parole imposed under this section for a prisoner serving a sentence for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the board must impose a requirement that the prisoner submit to electronic monitoring for monitoring of the prisoner’s location and movements by Global Positioning System technology.  The board must require a prisoner serving a period of probation with electronic monitoring to pay all or a portion of the costs of the electronic monitoring, if the prisoner has sufficient financial resources.

Discharge of Parolee

Pursuant to Alaska Stat. § 33.16.210, the board may unconditionally discharge a parolee from the jurisdiction and custody of the board after the parolee has completed two years of parole.  A discretionary parolee with a residual period of probation may, after two years of parole, be discharged by the board to immediately begin serving the residual period of probation.

Alaska Stat. § 33.16.210 provides that  the board may unconditionally discharge a mandatory parolee before the parolee has completed two years of parole if the parolee is serving a concurrent period of residual probation under AS 33.20.040(c), and the period of residual probation and the period of suspended imprisonment each equal or exceed the period of mandatory parole.

Revocation of Parole

Pursuant to Alaska Stat. § 33.16.220, the board may revoke parole if the prisoner or parolee (1) engages in conduct in violation of AS 33.16.150(a), (b), or (f), or (2) has violated an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).  Mandatory parole may be revoked before a prisoner’s actual release on parole.

Alaska Stat. § 33.16.220 provides that within 15 working days after the arrest and incarceration of a parolee for violation of a condition of parole, the board or its designee must hold a preliminary hearing.  At the preliminary hearing, the board or its designee must determine if there is probable cause to believe that the parolee violated the conditions of parole and, when probable cause exists, whether the parolee should be released pending a final revocation hearing.  A finding of probable cause at a preliminary hearing in a criminal case is conclusive proof of probable cause that a parole violation occurred.  In determining whether a parole violator should be released pending a final revocation hearing, the board or its designee must consider:

1) the likelihood of the parolee’s appearance at a final revocation hearing;
2) the seriousness of the alleged violation;
3) whether the parolee presents a danger to the community;
4) whether the parolee is likely to further violate conditions of parole; and
5) whether the parolee is on parole for a crime involving domestic violence; if the violation of the condition of parole involved an act of domestic violence, the parolee may not be released pending the final revocation hearing.

Alaska Stat. § 33.16.220 provides that  if the parole violator is released pending a final revocation hearing, the board or its designee may impose additional conditions necessary to ensure the parolee’s appearance at the final revocation hearing, and to prevent further violation of conditions of parole.  However, a preliminary hearing is not required if the board holds a final revocation hearing within 20 working days after the parolee’s arrest and incarceration. The board shall hold a final revocation hearing no later than 120 days after a parolee’s arrest. When the basis for the revocation proceeding is a criminal charge, the parolee may request, or the board upon its own motion may propose, that further proceedings on the revocation be delayed.  In making the determination to delay further proceedings, the board shall consider prejudice that may result to the parolee’s and the state’s interests in the pending criminal case and the parolee’s decision to delay final revocation proceedings.  If good cause to proceed is found, the board must consult with the attorney general before continuing the final revocation proceeding.  At a final revocation hearing, a violation of a condition of parole must be established by a preponderance of the evidence.  If, after the final revocation hearing, the board finds that the parolee has violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or ordinance, the board may revoke all or a portion of the parole, or change any condition of parole[ii].

Pursuant to Alaska Stat. § 33.20.070, the governor may grant pardons, commutations of sentence, and reprieves, and suspend and remit fines and forfeitures in whole or part for offenses against the laws of the State of Alaska or the Territory of Alaska.

Alaska Pardon and Parole Laws

[i] Alaska Stat. § 33.16.060.

[ii] Alaska Stat. § 33.16.220.

Inside Alaska Pardon and Parole Laws