Sec. 33.16.100. Granting of discretionary parole.
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Sec. 33.16.100. Granting of discretionary parole.
(a)The board may authorize the release of a prisoner who is otherwise eligible under AS 12.55.115 and AS 33.16.090 (a)(1) on discretionary parole if it determines a reasonable probability exists that
(1)the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
(2)the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;
(3)the prisoner will not pose a threat of harm to the public if released on parole; and
(4)release of the prisoner on parole would not diminish the seriousness of the crime.
(b)If the board finds a change in circumstances in a prisoner's preparole reports listed in AS 33.16.110 (a), or discovers new information concerning a prisoner who has been granted a parole release date, the board may rescind or revise the previously granted parole release date. In reconsidering the release date, the procedures set out in AS 33.16.130 shall be followed.
(c)[Repealed, § 32 ch 2 SLA 2005.]
(d)[Repealed, § 32 ch 2 SLA 2005.]
(e)[Repealed, § 179 ch 36 SLA 2016.]
(f)[Repealed, § 138 ch 4 FSSLA 2019.]
(g)When considering a prisoner for release on discretionary parole under AS 33.16.090 (a)(2), the board may release a prisoner if, taking into consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that
(1)the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
(2)the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;
(3)the prisoner will not pose a threat of harm to the public if released on parole; and
(4)release of the prisoner on parole would not diminish the seriousness of the crime.
(h)If the board considers an application for discretionary parole and denies parole because the prisoner does not meet the standards in
(a)or
(g)of this section, the board may make the prisoner ineligible for further consideration of discretionary parole or require that additional time be served before the prisoner is again eligible for consideration for discretionary parole.