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What happens after conviction, but before sentencing?
In misdemeanor cases, the judge usually imposes the offender's sentence immediately
after conviction. The offender is expected to comply with the judge's order.
In felony cases, the judge may order a presentence report (PSR) in preparation for
sentencing. The PSR takes an average of 60 days to complete, and the judge will
schedule a sentencing hearing approximately 90 days after the conviction date. The
judge holds the sentencing hearing with input from the DA, the defense attorney,
and the victim or the victim's representative. Occasionally, witnesses also will
be presented by the DA or defense attorney. The offender also is given the
opportunity to speak. After all parties have spoken, the judge will impose the
offender's sentence. The offender has the right to appeal the decision of the judge;
however, in most cases, the sentence takes effect immediately.
What is a presentence report?
A presentence report or investigation (PSR or PSI) is a social history of the
offender that includes prior criminal history, education, jobs, drug/alcohol
involvement, and mental health treatment. It also restates the facts of the case
briefly, and describes the effect of the crime on the victims. The report is
prepared for the sentencing judge with copies to the district attorney and defense
attorney. The presentence report follows the offender throughout his or her contact
with DOC, including any future convictions for other offenses. The PSR is one of
the resources used to determine the treatment needs of the offender, and also is
used by the Alaska Board of Parole.
What happens after sentencing?
After sentencing, the offender must follow the orders of the court. The offender
may go into the supervision by Probation and Parole, or go into correctional
institutions to serve any period of incarceration. If there is supervision to follow
incarceration, the offender is supervised by Probation and Parole on probation or
parole.
Is there a comprehensive handbook for Alaska crime victims?
Yes, the Alaska Judicial Council has published a Handbook for Victims of
Crime in Alaska (revised September 2001) which can be obtained by calling
279-2526 or by clicking on the link
www.ajc.state.ak.us/reports/VictMan01.pdf
What is a victim impact statement?
The victim impact statement is an important part of the presentence
report. The probation officer writing the report will contact the victim
for his or her statement. This statement lets the victim tell the judge
about the physical, mental, and emotional injury he or she suffered. The
victim may ask for restitution and for conditions of probation to help
protect the victim and his or her family. The victim may give an oral
statement to the presentence investigator, or send a written statement
via the Probation Officer to the judge. The victim the right to speak at
sentencing in addition to making these other statements. The victim also
has the right to bring a victim advocate or send one to speak for them if
they are not able.
How do I get notification of an offender's release?
If you have requested that DOC notify you in writing, you will receive a
notice prior to the inmate's release, unless there is a court action that
reduces the offender's sentence. There are two victim notification programs
available to you through DOC.
Click here for more information
What should I do if I receive unwanted contact from the offender?
You should call the Department of Corrections, Victim Service Unit as soon
as possible toll free number at 1-877-741-0741 or after hours at (907) 269-0922
and we will assist you. You can also contact the facility the offender is
located at and advise them of the undesired contact. If the offender is on
probation supervision, you can call their probation officer for assistance.
Call your local police if the offender is not under the supervision of DOC.
How do I update my address if I move?
Contact the Department of Corrections, Victim Service Unit at the address or
phone number provided below, or use the Online Form.
How do I contact the DOC Victim Service Unit?
Victim Service Unit
550 W. 7th Ave., Suite 601
Anchorage, Alaska 99501-3558
Phone: (907) 269-7384
Fax: (907) 269-7382
(877) 741-0741 Toll free
Who should I contact about problems with restitution?
If the offender is a felon on Probation/Parole, contact the Probation
Officer supervising the defendant in your case, or contact the Criminal
Justice Tech. in the statewide Victim Service Unit, at 1-877-741-0741.
Contact the Department of Law District Attorney office if the offender
was convicted of a misdemeanor instead of a felony.
What is Probation?
When an offender is sentenced for a felony offense, the judge can order
the offender be placed on probation supervision in the community, after
release from incarceration, with a series of behavior/performance
conditions. These conditions are supervised by Probation Officers.
What is Parole?
Parole lets the offender serve the last part of a sentence in the
community supervised by a parole officer. Rather than releasing inmates
without controls, parole provides the gradual reintegration on the
offender into the community, subject to conditions set by the Parole
Board. There are two types of parole: discretionary parole and mandatory
parole. (Parole descriptions are from the
Handbook for Victims of Crime in Alaska published by the Alaska Judicial Council.)
What is Discretionary Parole?
To receive discretionary parole, an offender must complete one-third of
his or her sentence and receive the approval of the Parole Board - an
independent agency that is part of the Department of Corrections. Statutes
set out basic criteria for eligibility, but the five citizen members of
the Board decide whether or not an offender can actually be released. When
making their determination, the Board considers the seriousness of the
offense, the offender's criminal record, adjustment and treatment while
incarcerated, and an offender's future plans.
The Parole Board also considers the crime's impact on the victim and the
victim's future safety. Victims and survivors are notified of all
discretionary parole hearings, unless they do not notify the Department
of Corrections of any change of address. The victim may express feelings
and concerns to the Board in writing or testify before the board in person.
To ensure registration to receive notification of future Parole Board
hearings for felony offenders, victims should contact the Department of
Corrections Victim Service Unit at the following address and/or telephone
number;
550 W. 7th Ave., Suite 601
Anchorage, Alaska 99501-3558
Phone: (907) 269-7384
Victims and survivors can also receive notification on the custody status
of an offender through the VINE automated victim notification service or
by calling the VINE line at 1-800-247-9763 or go online at
http://www.vinelink.com.
This service does not provide victims notification of future Parole Board
hearings.
What is Mandatory Parole?
Mandatory parole means that offenders earn early release from prison or
jail by accumulating "good time," days credited for good behavior
while in prison. The law requires DOC to deduct good time from the sentence
imposed: one day for every two days served. If offenders do not lose their
good time through misbehavior, the Department releases them after they serve
two-thirds of their sentences. Good time helps the Department manage prisons
because it gives offenders a reason to cooperate with institutional rules.
Although the Parole Board cannot refuse to release an offender who has earned
good time, it can impose release conditions to control the offender and protect
public safety. The Parole Board holds revocation hearings if the offender does
not comply with the conditions.
See the Parole Handbook
published by the Alaska Board of Parole.
What is ISSP?
The Intensive Supervision and Surveillance Program (ISSP), which is available
only in Anchorage, is a Parole Board ordered program designed for high risk
discretionary (and some mandatory) parolees. Clients for ISSP usually come
from two groups: (1) those who have been incarcerated for years and an
incremental decrease in supervision/surveillance will help them reintegrate
into society; and (2) those offenders who have failed on parole but hope the
increased supervision will be enough to let them remain in the community.
All ISSP parolees are placed on supervision with the unit for approximately
a period of one year.
During the course of the year, they progress through four levels of
supervision. They start with a curfew, weekly field visits, employment
checks, weekly urinalysis testing, treatment visits and telephonic curfew
checks. Eventually, they end up as a regular maximum supervision offender
reporting in the office twice monthly and still being subject to home visits.
What is the difference in Alaska between a probation officer and a parole officer?
A parole officer is a probation officer assigned to supervise parolees. In
other words, the employee is a parole officer when supervising parolees,
and a probation officer when supervising offenders on probation. A
probation/parole officer is is responsible for all supervision activities
involving or relevant to a defendant who is on probation or parole. If an
offender violates conditions of parole, the parole officer takes the offender
to the Parole Board for sanctions. If the offender violates conditions of
probation, the probation officer takes the offender to the Court for sanctions.
How long can a felony offender be on probation in Alaska?
Normally a probationer is on probation for five years, but the time period
can be extended to a maximum of ten years
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