(a) The commissioner may not allow a prisoner to serve time in a correctional restitution center unless the commissioner specifically finds that the prisoner meets the eligibility requirements of this section.
(b) To be eligible to serve time in a correctional restitution center, the prisoner
(1) must be employable or eligible to work on community service projects approved by the commissioner and agree to secure employment or participate in community service projects and obey the rules of the center;
(2) may not be serving a sentence for conviction of an offense
(A) involving violence or the use of force;
(B) under AS 11.41.320, 11.41.330, or AS 11.56.740;
(3) may not have been convicted of a felony offense, in the state or another jurisdiction, involving violence or the use of force;
(4) may not have been convicted of an offense under AS 11.41.410 - 11.41.470 or an offense in the state or another jurisdiction having elements substantially identical to an offense under AS 11.41.410 - 11.41.470; and
(5) may not have been sentenced to a
(A) mandatory 99-year term of imprisonment under AS 12.55.125(a); or
(B) definite term of imprisonment under AS 12.55.125(l).
(c) Unless the commissioner determines otherwise for good cause shown, a person sentenced to less than five days who is serving time in a correctional restitution center shall participate in a community service project when available.
(d) In (b) of this section,
(1) “force” has the meaning given in AS 11.81.900(b);
(2) “violence or the use of force” includes possession of a firearm, as defined in AS 11.81.900(b), in the commission of an offense, whether or not the firearm was actually used.
Structure Alaska Statutes
Title 33. Probation, Prisons, Pardons, and Prisoners
Chapter 30. Prison Facilities and Prisoners
Article 2. Commitments, Programs, and Furloughs.
Sec. 33.30.051. Commitment to commissioner.
Sec. 33.30.061. Commissioner to designate facility.
Sec. 33.30.065. Service of sentence by electronic monitoring.
Sec. 33.30.071. Responsibility for prisoners pending commitment.
Sec. 33.30.081. Transportation of prisoners.
Sec. 33.30.091. Designation of programs.
Sec. 33.30.095. Duties of commissioner before release of prisoner.
Sec. 33.30.111. Prerelease furloughs.
Sec. 33.30.121. Short-duration furloughs.
Sec. 33.30.141. Effect of violation of furlough conditions or failure to return.
Sec. 33.30.151. Correctional restitution centers.
Sec. 33.30.161. Eligibility to serve time in a correctional restitution center.