SB 114: "An Act relating to parole eligibility for juvenile offenders sentenced as adults."
00 SENATE BILL NO. 114 01 "An Act relating to parole eligibility for juvenile offenders sentenced as adults." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 33.16.090 is amended by adding a new subsection to read: 04 (d) A minor sentenced to an active term of imprisonment in the same manner 05 as an adult under AS 47.12.030(a) or subject to a dual sentence under AS 47.12.065 06 that has not previously been eligible for discretionary parole under (a) or (b) of this 07 section is eligible for consideration of discretionary parole not later than 15 years 08 following the date that the minor was first held for the offense in a juvenile detention 09 facility or adult correctional facility, less any time during which the minor was 10 released pending trial or sentencing. 11 * Sec. 2. AS 33.16.100(g) is amended to read: 12 (g) When considering a prisoner for release on discretionary parole under 13 AS 33.16.090(a)(2) or (d), the board may release a prisoner if, taking into 14 consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal 15 history, behavior in prison, participation in treatment, and plans for reentering the
01 community, a reasonable probability exists that 02 (1) the prisoner will live and remain at liberty without violating any 03 laws or conditions imposed by the board; 04 (2) the prisoner's rehabilitation and reintegration into society will be 05 furthered by release on parole; 06 (3) the prisoner will not pose a threat of harm to the public if released 07 on parole; and 08 (4) release of the prisoner on parole would not diminish the 09 seriousness of the crime. 10 * Sec. 3. AS 33.16.100(h) is amended to read: 11 (h) Except as provided under (j) of this section, if [IF] the board considers 12 an application for discretionary parole and denies parole because the prisoner does not 13 meet the standards in (a) or (g) of this section, the board may make the prisoner 14 ineligible for further consideration of discretionary parole or require that additional 15 time be served before the prisoner is again eligible for consideration for discretionary 16 parole. 17 * Sec. 4. AS 33.16.100 is amended by adding new subsections to read: 18 (i) In addition to the considerations under (g) of this section, when considering 19 whether to release a prisoner on discretionary parole under AS 33.16.090(d), the board 20 shall consider the prisoner's 21 (1) demonstrated maturity; 22 (2) age at the time of the offense and the characteristics of the 23 prisoner's age at the time of the offense, including the prisoner's 24 (A) immaturity; 25 (B) impetuosity; 26 (C) failure to appreciate risks and consequences of the 27 prisoner's actions; and 28 (D) inexperience with the judicial system, including the 29 prisoner's inability to deal with peace officers or prosecutors and incapacity to 30 assist the prisoner's attorney; and 31 (3) family and home environment at the time of the offense.
01 (j) If the board considers an application for discretionary parole under 02 AS 33.16.090(d) and denies parole because the prisoner does not meet the standards in 03 (g) of this section, the board shall reconsider the prisoner's application for 04 discretionary parole not later than two years following the date of the denial. 05 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. AS 33.16.090(d), enacted by sec. 1 of this Act, applies to offenses 08 committed before, on, or after the effective date of this Act.