AS 22 AAC 20.070 - Consecutive sentences
(a) Discretionary
parole eligibility for consecutive sentences is computed by adding the sum of
each parole eligibility period. A prisoner is eligible for discretionary parole
when the prisoner has reached eligibility on all sentences.
(b) If a prisoner is sentenced to consecutive
sentences, one of which is less than 181 days or otherwise ineligible for
discretionary parole under
AS
33.16.090, the prisoner is eligible for
discretionary parole when
(1) the
parole-ineligible sentence has been served less good time credited under
AS
33.20.010; and
(2) the prisoner has reached parole
eligibility on the parole-eligible sentence, as set out in this
chapter.
(c) If a
prisoner is sentenced to consecutive presumptive terms or partially consecutive
presumptive terms, discretionary parole eligibility is computed as follows,
subject to
22 AAC 20.080:
(1) if a prisoner committed a felony before
January 1, 1986, the prisoner shall serve
(A)
the initial presumptive term less good time credited under
AS
33.20.010; and
(B) one-third of the second or subsequent
presumptive terms;
(2)
except as provided in
22 AAC 20.017(f)(1) and
(3), if a prisoner committed a felony after
December 31, 1985 but before March 22, 2005, and was sentenced before January
1, 2017, the prisoner shall serve
(A) the
initial presumptive term, less good time credited under
AS
33.20.010; and
(B) one-fourth of the active term of
imprisonment for any aggravated portion of the sentence and subsequent
presumptive sentences, depending upon the eligibility for the offense as set
out in 22 AAC
20.017(e)(5);
(3) except as provided in (d) of this
section, if a prisoner committed a felony after March 21, 2005 but before
January 1, 2017, and was sentenced before January 1, 2017, the prisoner shall
serve
(A) the presumptive term of the primary
crime, less good time credited under
AS
33.20.010; and
(B) one-fourth of the active term of
imprisonment for any aggravated portion of the sentence for the primary crime
and subsequent presumptive sentences:
(4) except as provided in (B) of this
paragraph or (d) of this section, if a prisoner committed a felony before July
9, 2019 and was sentenced after December 31, 2016,
(A) the prisoner's presumptive sentence is
eligible for discretionary parole and the prisoner shall serve the time
required to be computed as provided in
22 AAC 20.017(h)
and (a) of this section: and
(B) if
the primary crime was sentenced under
AS12.55.125(i)(1) or
(2), the prisoner shall serve the required
time as provided under (3) of this subsection;
(5) except as provided in (d) of this
section, if a prisoner committed a felony after July 8, 2019, the prisoner must
serve the time as provided in (3) of this subsection.
(d) If a prisoner committed a felony after
March 21, 2005 and was sentenced to consecutive or partially consecutive terms
that include presumptive sentences and terms with mandatory minimums under
AS12.55.125(a) or
(b), the prisoner shall serve the greatest
of:
(1) the composite total of any mandatory
minimum sentences;
(2) any term set
under 22 AAC 20.080; or
(3) the time required to be served for the
primary crime had it been the only sentence imposed, plus one-quarter of the
composite total of the active term of imprisonment for sentences imposed as
consecutive or partially consecutive sentences eligible for all crimes eligible
for discretionary parole under
AS33.16.090 other than the primary
crime.
(e) For purposes of
this section,
(1) "active term of
imprisonment" means the unsuspended portion of the sentence imposed by the
sentencing court for a crime;
(2)
"initial presumptive term" means the presumptive term of the most serious
offense for which the prisoner was sentenced;
(3) "primary crime" means the crime
(A) for which the sentencing court imposes
the longest active term of imprisonment; or
(B) that is designated by the sentencing
court as the longest primary crime when no single crime has the longest active
term of imprisonment.
Notes
Authority: AS 33.16.060
AS 33.16.090
AS 33.16.100
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Discretionary parole eligibility for consecutive sentences is computed by adding the sum of each parole eligibility period. A prisoner is eligible for discretionary parole when the prisoner has reached eligibility on all sentences.
(b) If a prisoner is sentenced to consecutive sentences, one or more of which is less than 181 days or is presumptive, the prisoner is eligible for discretionary parole when the ineligible sentence has been served less good time credited under AS 33.20.010, and the prisoner has reached parole eligibility on the parole-eligible sentence, as set out in this chapter.
(c) If a prisoner is sentenced to consecutive presumptive terms or partially consecutive presumptive terms, discretionary parole eligibility is computed as follows, subject to 22 AAC 20.080:
(1) if a prisoner committed a felony before January 1, 1986, the prisoner must serve
(A) first, the initial presumptive term; for purposes of this subparagraph, the initial presumptive term consists of the time equal to the presumptive term less good time credited under AS 33.20.010; and
(B) second, one-third of the second or subsequent presumptive terms;
(2) except as provided in 22 AAC 20.040(1) and (3), if a prisoner committed a felony after December 31, 1985, the prisoner must serve
(A) first, the initial presumptive term; for purposes of this subparagraph, the initial presumptive term consists of the time equal to the presumptive term less good time credited under AS 33.20.010; and
(B) second, one-fourth of the second or subsequent presumptive terms, depending upon the eligibility for the offense as set out in 22 AAC 20.035(5).
Notes
Authority:AS 33.16.060
AS 33.16.090
AS 33.16.100