Alaska Statutes: AS 12.55.027. Credit for Time Spent Toward Service of a Sentence of Imprisonment.

Alaska Statutes. Title 12. Code of Criminal Procedure Chapter 55. Sentencing and Probation Section 27. Credit for Time Spent Toward Service of a Sentence of Imprisonment.

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AS 12.55.027. Credit for Time Spent Toward Service of a Sentence of Imprisonment.

(a) A court may grant a defendant credit toward a sentence of imprisonment for time spent in a treatment program only as provided in this section.
(b) A court may grant a defendant one day of credit toward a sentence of imprisonment for each full day the defendant resided in the facility of a treatment program and observed the rules of the treatment program and the facility if

(1) the court finds that the treatment program meets the standards described in (c) of this section;

(2) before the defendant entered the treatment program, the court ordered the defendant to reside in the facility of the treatment program and participate in the treatment program as a condition of bail release or a condition of probation; and

(3) the court has received a written report from the director of the program that

(A) states that the defendant has participated in the treatment plan prescribed for the defendant and has complied with the requirements of the plan; and

(B) sets out the number of full days the defendant resided in the facility of the treatment program and observed the rules of the treatment program and facility.
(c) To qualify for credit against a sentence of imprisonment for time spent in a treatment program, the treatment program and the facility of the treatment program must impose substantial restrictions on a person's liberty that are equivalent to incarceration, including the requirement that a participant in the program

(1) must live in a residential facility operated by the program;

(2) must be confined at all times to the grounds of the facility or be in the physical custody of an employee of the facility, except for court appearances, meetings with counsel, and work required by the treatment program and approved in advance by the court;

(3) is subject to disciplinary sanctions by the program if the participant violates rules of the program and facility; sanctions must be in writing and available for court review; and

(4) is subject to immediate arrest, without warrant, if the participant leaves the facility without permission.
(d) A court may not grant credit against a sentence of imprisonment for time spent in a private residence or under electronic monitoring.

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