(a) The commissioner may not allow a prisoner to serve time in a correctional restitution center unless the commissioner specifically finds that the prisoner meets the eligibility requirements of this section.
Terms Used In Alaska Statutes 33.30.161
Conviction: A judgement of guilt against a criminal defendant.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) To be eligible to serve time in a correctional restitution center, the prisoner
(1) must be employable or eligible to work on community service projects approved by the commissioner and agree to secure employment or participate in community service projects and obey the rules of the center;(2) may not be serving a sentence for conviction of an offense
(A) involving violence or the use of force;(B) under Alaska Stat. § 11.41.320, 11.41.330, or Alaska Stat. § 11.56.740;(3) may not have been convicted of a felony offense, in the state or another jurisdiction, involving violence or the use of force;(4) may not have been convicted of an offense under Alaska Stat. § 11.41.410 – 11.41.470 or an offense in the state or another jurisdiction having elements substantially identical to an offense under Alaska Stat. § 11.41.410 – 11.41.470; and(5) may not have been sentenced to a
(A) mandatory 99-year term of imprisonment under Alaska Stat. § 12.55.125(a); or(B) definite term of imprisonment under Alaska Stat. § 12.55.125(l).(c) Unless the commissioner determines otherwise for good cause shown, a person sentenced to less than five days who is serving time in a correctional restitution center shall participate in a community service project when available.(d) In (b) of this section,
(1) “force” has the meaning given in Alaska Stat. § 11.81.900(b);(2) “violence or the use of force” includes possession of a firearm, as defined in Alaska Stat. § 11.81.900(b), in the commission of an offense, whether or not the firearm was actually used.
