2017 Alaska Statutes
Title 33. Probation, Prisons, Pardons, and Prisoners
Chapter 16. Parole Administration
Sec. 33.16.100. Granting of discretionary parole.

(a) The board may authorize the release of a prisoner convicted of an unclassified felony who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability exists that

(1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;

(2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;

(3) the prisoner will not pose a threat of harm to the public if released on parole; and

(4) release of the prisoner on parole would not diminish the seriousness of the crime.

(b) If the board finds a change in circumstances in a prisoner's preparole reports listed in AS 33.16.110(a), or discovers new information concerning a prisoner who has been granted a parole release date, the board may rescind or revise the previously granted parole release date. In reconsidering the release date, the procedures set out in AS 33.16.130 shall be followed.

(c) [Repealed, § 32 ch 2 SLA 2005.](d) [Repealed, § 32 ch 2 SLA 2005.](e) [Repealed, § 179 ch 36 SLA 2016.](f) The board shall authorize the release of a prisoner who has been convicted of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created under AS 33.30.011(a)(8), and has agreed to and signed the condition of parole under AS 33.16.150, unless the board finds by clear and convincing evidence on the record that the prisoner poses a threat of harm to the public if released on parole. If the board finds that the incomplete case plan is not the fault of the prisoner or that the prisoner would not pose a threat of harm to the public if released on parole, the board may waive the case plan requirement.

(g) When considering a prisoner for release on discretionary parole under AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that

(1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;

(2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;

(3) the prisoner will not pose a threat of harm to the public if released on parole; and

(4) release of the prisoner on parole would not diminish the seriousness of the crime.