(a) When sentence has been suspended, it may not be revoked except for good cause shown. In all proceedings for the revocation of a suspended sentence, the defendant is entitled to reasonable notice and the right to be represented by counsel.
Terms Used In Alaska Statutes 12.55.110 - Notice and grounds for revocation of suspension
- 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
(b) Good cause justifying the revocation of a suspended sentence is established if the defendant 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).
(c) If a defendant is serving a period of probation for an offense, the court may find that the defendant has committed a technical violation of probation. If the court finds that a defendant has committed a technical violation of probation that does not include absconding, the court may reinstate the term of probation with appropriate conditions or impose a sentence of imprisonment of not more than
(1) three days for the first probation revocation;
(2) five days for the second probation revocation;
(3) 10 days for the third probation revocation; or
(4) the remainder of the suspended portion of the sentence for a fourth or subsequent probation revocation.
(d) If the court revokes a person’s probation for absconding, the court may impose a period of imprisonment not to exceed 30 days.
(e) The limits set out in this section on the length of imprisonment for a revocation do not apply if a probationer is enrolled in a program established under AS 33.05.020 (f).
(f) If the defendant is ordered to complete treatment under AS 12.55.100(a)(2)(E) and does not comply with the court’s order, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for noncompletion of treatment and may revoke the suspended sentence subject to the limits established in this section. In a contempt or probation revocation proceeding brought as a result of failure to complete treatment, it is an affirmative defense that the defendant was unable to afford the cost of treatment or secure a place in a free treatment program, despite having made continuing good faith efforts. If the court finds that the defendant was unable to complete treatment despite having made continuing good faith efforts, the defendant may not be imprisoned solely because of an inability to pay. If the court does not find that the noncompletion of treatment was attributable to the defendant’s inability to pay, the court may order the defendant imprisoned subject to the limits established in this section.
(g) Notwithstanding (c) of this section, a court may not find a technical violation under this section if a person convicted of a sex offense, as described in AS 12.63.100 , violates a condition of probation provided in AS 12.55.100 (e).
(h) In this section,
(1) “absconding” means failing to report within five working days after release from custody under AS 33.20.030 or failing to report for a scheduled meeting with a probation officer, as ordered by the court or as directed by the probation officer, and failing to make contact with the probation officer within 30 days following the missed meeting;
(2) “technical violation” means a violation of the conditions of probation that does not constitute
(A) a new criminal offense;
(B) failing to complete sex offender treatment; or
(C) failing to complete an intervention program for batterers.