Alaska

Criminal Procedure

Criminal Procedure

Rule 32 – Sentence and Judgment

(a) Sentence. Sentence shall be imposed without unreasonable delay. Sentencing in felony cases shall follow the procedures established in this rule and Rules 32.1 through 32.6. Sentencing in misdemeanor cases shall follow the procedures established in this rule and Rules 32.2, 32.3, 32.5, and 32.6. When imposing sentence, the judge or magistrate judge shall explain on the record the reasons for the sentence.
(b)Other Counts. At sentencing, the prosecuting attorney must announce the disposition of all counts brought under the same case number that are not addressed in the judgment or in a written notice of dismissal or deferred prosecution. The court will notify the Department of Public Safety of any counts dismissed on the record.
(c)Judgment

(1)Conviction. A judgment of conviction must, for each count, set forth the offense, including the statute or regulation violated, the defendant’s plea, the verdicts or findings, and the sentence imposed. The judge or magistrate judge must sign the judgment.

(A)Incarceration. When the sentence includes a term of incarceration, the clerk promptly shall deliver a copy of the judgment to a peace officer or correctional facility. If the defendant does not appear at the correctional facility at the time specified, the peace officer or a representative of the correctional facility promptly shall notify the court by sworn statement on the record or by affidavit.
(B)Restitution. When the sentence includes a requirement that the defendant pay restitution, the judge shall order restitution as described in Rule 32.6. The judgment for restitution is enforceable in the same manner as a judgment in a civil action. If the defendant is placed on probation, the judgment of conviction shall include the payment of restitution as a condition of probation.
(C)Conviction of a Corporation. If a corporation is convicted of any criminal offense, the judge shall enter judgment against the corporation and the judgment shall be enforced in the same manner as a judgment in a civil action, or as otherwise provided by law.
(2)Discharge. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.
(d)Judgment for Sex Offenses or Child Kidnapping. When a defendant is convicted of a sex offense defined in AS 12.63.100 or child kidnapping as defined in AS 12.63.100, the written judgment must state the requirements of AS 12.63.010 and the period of registration required under AS 12.63 if the required period can be determined by the court.
(e)Judgment for Crimes Involving Domestic Violence. In a case in which the defendant is convicted of an offense listed in AS 18.66.990(3) and the prosecution claims at sentencing that the offense is a crime involving domestic violence, the written judgment must set forth whether the offense is a crime involving domestic violence as defined in AS 18.66.990(3) and (5). A factual and legal determination supporting this finding must be made on the record.
(f)Judgment for Crime Against a Person. In a case in which the defendant is convicted of a crime against a person as defined in AS 44.41.035(j), the written judgment must set out the requirements of AS 12.55.015(h).
(g)Information To Be Included in Judgment. If provided by the prosecuting authority in the charging document, the judgment must include the following information:

(1) the defendant’s full name, including middle name or initial;
(2) the defendant’s date of birth;
(3) the defendant’s Alaska Public Safety Information Network (APSIN) identification number;
(4) the defendant’s driver’s license number or state identification number, including the issuing state and whether the license is a commercial driver’s license;
(5) the arrest tracking number (ATN) on the Criminal Case Intake and Disposition (CCID) form for each offense being addressed in the judgment;
(6) the three-digit charge tracking number assigned on the CCID form for each offense being addressed in the judgment;
(7) the statute, regulation, or ordinance, as identified in the Uniform Offense Citation Table,** corresponding to each offense being addressed in the judgment. Regulations not listed in the Uniform Offense Citation Table must be cited by the regulation number,
(8) if a motor vehicle offense is charged, whether the offense occurred in a traffic safety corridor or a highway work zone as provided in AS 28.90.030; and
(9) if a motor vehicle offense is charged involving the use of a commercial motor vehicle as defined in AS 28.90.990, whether the commercial vehicle weighs more than 26,000 lbs, is designed to transport more than 15 passengers, or is used in the transportation of hazardous materials.

** The Uniform Offense Citation table was developed by the Department of Public Safety. Changes to the table must be approved by the Department of Law or the appropriate municipal prosecuting authority. It is available at http://www.dps.state.ak.us/statewide/uoct/.

Alaska R. Crim. P. 32

Adopted by SCO 4 October 4, 1959; amended by SCO 157 effective February 15, 1973; by Amendment No. 5 to SCO 157 effective July 1, 1974; by SCO 330 effective January 1, 1979; by SCO 418 effective August 1, 1980; by SCO 436 effective October 21, 1980; by SCO 437 effective October 21, 1980; by SCO 550 effective February 1, 1983; by SCO 554 effective April 4, 1983; by SCO 603 effective September 14, 1984; by SCO 976 effective January 15, 1990; by SCO 979 effective August 28, 1989; by SCO 1028 effective July 15, 1990; by SCO 1049 effective January 15, 1991; by SCO 1092 effective July 15, 1992; repealed and reenacted by SCO 1136 effective July 15, 1993; amended by SCO 1204 effective July 15, 1995; by SCO 1289 effective January 15, 1998; by SCO 1341 effective September 10, 1998; by SCO 1343 effective January 1, 1999; by SCO 1464 effective March 5, 2002; and by SCO 1614 effective October 15, 2006; amended by SCO 1798 and 1803 effective October 15, 2013; amended by SCO 1829 effective October 15, 2014; Notes amended by SCO 1886 effective nunc pro tunc July 12, 2016.

Note to SCO 1204: The requirement that a judgment for conviction of a sex offense must set out the requirements of AS 12.63.010 was added by ch. 41 3 SLA 1994. Section 7 of this order is adopted for the sole reason that the legislature has mandated the amendments.

Note to SCO 1341: Paragraph (e) of Criminal Rule 32 was added by 11 ch. 95 SLA 1998. Section 3 of this order is adopted for the sole reason that the legislature has mandated the amendment.

Note: Chapter 36, SLA 2016 (SB 91) enacted a number of changes relating to criminal procedure. According to section 180(b) of the Act, AS 12.55.055(h), enacted by section 76 of the Act, has the effect of changing Criminal Rule 32, effective July 12, 2016, by directing the court to include a provision in the judgment that community work hours that are not completed shall be converted to a fine as provided in AS 12.55.055(h).

(a) CROSS REFERENCE: AS 12.55.010 (b) CROSS-REFERENCE: Administrative Bulletin No. 17.