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Alaska R. Crim. P. 32.2

Sentencing Hearing

activein force · 2013-07-01 – presentact-effective-date

(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.

History

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

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f87400f274c14bb921515d1ef8483e267a6fff60997e5b10e7c50098702be0cf
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Alaska R. Crim. P. 32.2 — Sentencing Hearing · binding.law