Alaska

Criminal Procedure

Criminal Procedure

Rule 32.2 – Sentencing Hearing

(a)Consideration of Victim’s Statement. If a victim as defined in AS 12.55.185 prepares and submits a written statement, gives sworn testimony or makes an unsworn oral presentation under AS 12.55.023, the court shall take the content of the statement, testimony, or presentation into consideration when preparing those elements of the sentencing report required by AS 12.55.025 that relate to the effect of the offense on the victim, and when considering the need for restitution under AS 12.55.045. The court shall also take the content of the victim’s impact statement in the presentence report into consideration in preparing the sentencing report required under AS 12.55.025. The court also may take the content of the statement, testimony, the victim’s impact statement, or presentation into consideration for any other appropriate purpose.
(b)Defendant’s Allocution. Before imposing sentence the court shall afford the defendant an opportunity to make a statement in the defendant’s own behalf and to present any information in mitigation of punishment.
(c)The Sentence.

(1) At the sentencing hearing, the judge shall state clearly the precise terms of the sentence, the reasons for selecting the particular sentence, and the purposes the sentence is intended to serve.
(2) If the defendant is sentenced to a term of imprisonment for a felony offense, to a term of imprisonment exceeding 90 days for a misdemeanor offense, or to a term of imprisonment for a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with AS 04.21.010, the judge shall identify

(A) the approximate term of imprisonment the defendant must serve if the defendant is eligible for and does not forfeit good conduct deductions under AS 33.20.010; and
(B) if applicable, the approximate minimum term of imprisonment the defendant must serve before becoming eligible for release on discretionary parole.

These approximate terms of imprisonment are not part of the sentence imposed and do not form a basis for review or appeal of the sentence imposed.

(3) The court shall order that the defendant be fingerprinted at the conclusion of the sentencing hearing.
(d)Transcript of Sentencing Proceeding. A transcript or electronic recording of any sentencing proceeding at which the defendant is committed to serve a term of incarceration in excess of six months on one or more charges shall be prepared and furnished to the Department of Law, the defendant, the Department of Corrections, the State Board of Parole, if the defendant will be eligible for parole, and to the Alcohol Beverage Control Board if the defendant was convicted of a violation of AS 04, a regulation adopted under AS 04, or an ordinance adopted under AS 04.21.010.

Alaska R. Crim. P. 32.2

Added by SCO 1136 effective July 15, 1993; amended by SCO 1288 effective nunc pro tunc toAugust 13, 1997; by SCO 1464 effective March 5, 2002; and by SCO 1555 effective October 15, 2004; and by SCO 1806 effective July 1, 2013.

Note: Chapter 43, SLA 2013 (SB 22), effective nunc pro tunc to July 1, 2013, amended Criminal Rule 32.2(a) relating to consideration of crime victim’s impact statements. The changes to Criminal Rule 32.2(a) are adopted for the sole reason that the legislature has mandated the amendments.

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