1. (a) The purpose of this section is to set standards for determining and prescribing a uniform average cost of imprisonment under AS 28.35.030(1).

2. (b) Notwithstanding 22 AAC 05.600, this section applies to the cost of imprisonment in

   1. (1) community residential centers under contract with the department;
   2. (2) state correctional facilities operated and managed by the department; or
   3. (3) local jails under contract with the state.

3. (c) In determining the uniform average cost of imprisonment under AS 28.35.030(1), the department will consider the following factors:

   1. (1) the average statewide daily cost of imprisonment in community residential centers;
   2. (2) the average statewide daily cost of imprisonment in state correctional facilities;
   3. (3) the average statewide daily cost of imprisonment in local jails under contract with the state; and
   4. (4) the average relative percentage of utilization of each type of placement for imprisonment sentenced for violations of AS 28.33.030(a), 28.33.031(b), AS 28.35.030(a), and 28.35.032(f).
4. (d) After consideration of the factors in (c) of this section, the department will prescribe a uniform average cost of imprisonment not to exceed $2,000 per person per conviction.

5. (e) The department prescribes the statewide uniform average cost of imprisonment under AS 28.35.030(1) as follows:

   1. (1) for a person convicted of a first offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $330 in total;
   2. (2) for a person convicted of a second offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $1,467 in total;
   3. (3) for a person convicted of a third or subsequent offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $2,000 in total for each conviction.
6. (f) In 2010 and at four-year intervals thereafter, the department will review and, as appropriate, revise the costs established in this section.

(Eff. 2/26/94, Register 129; am 12/1/2006, Register 180)

Authority: AS 28.35.030, AS 33.30.011, AS 33.30.031, AS 44.28.030