Alaska R. Crim. P. 11

(a) Alternatives. A defendant may plead not guilty,

guilty, or nolo contendere. If a defendant refuses to plead,

stands mute, or if a defendant corporation fails to appear, the

court shall enter a plea of not guilty. The defendant may appear by use of telephonic or contemporaneous two-way videoconference equipment pursuant to Criminal Rules 38.1

and 38.2.

(b) Extension of Time for Pleading. If the defendant

requests an extension of time for entering a plea, then the court

shall allow the defendant until the next day following the

arraignment, or until such further time as the court considers

reasonable, to plead to the indictment or information.

(c) Pleas of Guilty or Nolo Contendere. The court shall

not accept a plea of guilty or nolo contendere from a defendant

without first addressing the defendant personally and

(1) determining that the defendant understands the nature

of the charge; and

(2) informing the defendant that by a plea of guilty or

nolo contendere the defendant waives the right to trial by jury

or trial by a judge and the right to confront adverse witnesses;

and

(3) informing the defendant:

(A) of the mandatory minimum punishment, if any, and

the maximum possible punishment provided by the statute

defining the offense to which the plea is offered, and

(B) that the defendant has the right to plead not guilty or

to persist in that plea if it has already been made, or to plead

guilty, and

(C) that if the defendant is not a citizen of the United

States, a conviction of a crime may have the consequences of

deportation, exclusion from admission to the United States, or

denial of naturalization pursuant to federal law; and

(4) if the defendant is charged with a sex offense as

defined in AS 12.63.100 or child kidnapping as defined in AS

12.63.100, informing the defendant in writing of the

requirements of AS 12.63.010 and, if it can be determined by

the court, the period of registration required under AS 12.63;

and

(5) in cases when a plea agreement has been accepted by

a court, informing the defendant:

(A) that the defendant waives the right to appeal a

sentence as excessive and waives the right to seek reduction of

a sentence under Criminal Rule 35 if a plea agreement between

the defendant and the prosecuting attorney provides for a

specific sentence or a sentence equal to or less than a specified

maximum; and

(B) that the defendant waives the right to appeal as

excessive that portion of a sentence that is less than or equal to

a minimum sentence specified in a plea agreement between the

defendant and the prosecuting attorney and waives the right to

seek reduction of a sentence under Criminal Rule 35 to a

length less than the length of the minimum sentence.

(d) Insuring That the Plea is Voluntary. The court

shall not accept a plea of guilty or nolo contendere without

first, by addressing the defendant personally in open court,

determining that the plea is voluntary and not the result of

force or threats or of promises apart from a plea agreement.

The court shall also inquire of the prosecuting attorney,

defense counsel and the defendant to determine whether the

defendant’s willingness to plead guilty or nolo contendere

results from prior discussions between the attorney for the state

and the defendant or the defendant’s attorney.

(e) Plea Agreement Procedure.

(1) Disclosure of Sentencing Agreement. If the parties

reach a sentencing agreement, the court shall require disclosure

of the agreement in open court at the time the plea is offered.

Once the agreement has been disclosed, the court may accept

or reject the agreement, or may defer that decision until receipt

of a presentence report. If the court accepts the agreement, the court may impose sentence without a presentence investigation.

(2) Acceptance of Agreement. If the court accepts the

agreement, the court shall impose sentence in accordance with

the terms of that agreement.

(3) Rejection of Agreement. If the court rejects the

agreement, the court shall inform the parties of this fact and

advise the prosecuting attorney and the defendant personally in

open court that the court is not bound by the agreement. If the

court rejects the agreement as too lenient, the court shall then

afford the defendant the opportunity to withdraw the plea. If

the court rejects the agreement as too severe, the court shall

then afford the prosecuting attorney the opportunity to

withdraw from the agreement.

(f) Determining the Accuracy of Plea. The court shall

not enter a judgment upon a plea of guilty without first being

satisfied that there is a reasonable basis for the plea.

(g) Record. An electronic recording shall be made of the

entire proceeding or proceedings.

(h) Plea Withdrawal.

(1) A defendant may not withdraw a plea of guilty or

nolo contendere as a matter of right. A defendant may move

for withdrawal of the plea without alleging innocence of the

charge to which the plea has been entered.

(2) Before sentencing, the trial court shall allow a

defendant to withdraw a plea whenever the defendant, upon

timely motion, proves that withdrawal is necessary to correct

manifest injustice. Absent a showing that withdrawal is

necessary to correct manifest injustice, the trial court may in its

discretion allow the defendant to withdraw a plea for any fair

and just reason unless the prosecution has been substantially

prejudiced by reliance upon the defendant’s plea.

(3) After imposition of sentence, the withdrawal of a plea

may be sought only under AS 12.72. A defendant requesting

post-sentence plea withdrawal must prove that withdrawal is

necessary to correct a manifest injustice.

(4) Withdrawal is necessary to correct a manifest

injustice whenever it is demonstrated that:

(A) The defendant was denied the effective assistance of

counsel guaranteed by constitution, statute or rule, or

(B) The plea was not entered or ratified by the defendant

or a person authorized to act in the defendant’s behalf, or

(C) The plea was involuntary, or was entered without

knowledge of the charge or that the sentence actually imposed

could be imposed, or

(D) The defendant did not receive the charge or sentence

concessions contemplated by the plea agreement, and

(i) the prosecuting attorney failed to seek or opposed the

concessions promised in the plea agreement, or

(ii) after being advised that the court no longer concurred

and after being called upon to affirm or withdraw the plea, the

defendant did not affirm the plea.

(5) A plea of guilty or nolo contendere which is not

accepted or has been withdrawn shall not be received against

the defendant in any criminal proceeding.

(i) Restorative Justice Programs.

(1) With the consent of the victim(s), the prosecutor, and

the defendant(s), the judge may refer a case to a restorative

justice program. The parties must inform the restorative justice

program about any applicable mandatory sentencing provisions

at the time the matter is submitted to the program. The parties

may propose to the court the sentence recommended by the

participants in proceedings convened by that program.

(2) The parties may include the recommendations of the

restorative justice program in a sentencing agreement subject to

the provisions of subsection (e).

(3) The term “restorative justice program” means a program using a process in which persons having an interest in a

specific offense collectively resolve how to respond to the

offense, its aftermath, and its implications for the future. Restorative justice programs include, but are not limited to, circle

sentencing, family group conferencing, reparative boards, and

victim/offender mediation. For purposes of this rule, the term

“restorative justice program” does not include the Alaska Court

System’s therapeutic courts.

(4) Except as provided below, the sentencing judge shall

not participate directly in any restorative justice program to

which a case is referred for sentencing recommendations.

(A) The judge may be present during the proceedings of

the program provided that:

(i) the proceedings are conducted on the record; or

(ii) minutes of the proceedings are kept in a manner that

the parties agree will fairly and accurately represent what is

said at those proceedings.

(B) The judge may speak at these proceedings provided

that the judge’s comments do not detract or appear to detract

from the judge’s neutrality.