1. (a) Under former AS 33.15.180, former AS 33.15.230, and former AS 33.15.240, a prisoner who committed a felony before May 16, 1974, is eligible for discretionary parole at any time, subject to 22 AAC 20.080.

2. (b) Under former AS 33.15.080, former AS 33.15.180, and former AS 33.15.230, a prisoner who committed a felony after May 15, 197 4 but before January 1, 1980, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) a prisoner sentenced to a term of imprisonment other than for life is eligible for discretionary parole after serving one-third of the term of imprisonment;
   2. (2) a prisoner sentenced to a term of life is eligible for discretionary parole after serving 15 years of imprisonment.

3. (c) Under AS 12.55.125, former AS 33.15.080, and former AS 33.15.180, a prisoner who committed a felony after December 31, 1979 but before October 1, 1982, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole after serving 20 years of imprisonment or one-third of the term of imprisonment, whichever is greater;
   2. (2) a prisoner sentenced for murder in the second degree is eligible for discretionary parole after serving five years of imprisonment or one-third of the term of imprisonment, whichever is greater;
   3. (3) a prisoner sentenced for the unclassified felony of kidnapping under AS 11.41.300 is eligible for discretionary parole after serving five years of imprisonment or one-third of the term of imprisonment, whichever is greater; a prisoner sentenced for the class A felony of kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (4) and (5) of this subsection;
   4. (4) a prisoner sentenced for a class A felony, class B felony, or class C felony to a non-presumptive term is eligible for discretionary parole after serving one-third of the term of imprisonment;
   5. (5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) - (3), (d)(1) and (2), or (e)(1) and (2) is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

4. (d) Under AS 12.55.125, former AS 33.15.080, and former AS 33.15.180, a prisoner who committed a felony after September 30, 1982 but before January 1, 1986, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole as set out in (c)(1) of this section;
   2. (2) a prisoner sentenced for murder in the second degree is eligible for discretionary parole as set out in (c)(2) of this section;
   3. (3) a prisoner sentenced for kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (c)(3) - (5) of this section;
   4. (4) a prisoner sentenced for a class B felony or a class C felony to a non-presumptive term is eligible for discretionary parole as set out in (c)(4) of this section;
   5. (5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) - (4), (d)(1) - (3), (e)(1) - (3), or (i)(1) - (4) is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

5. (e) A prisoner who committed a felony after December 31, 1985 but before September 13, 1987, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole as set out in (c)(1) of this section;
   2. (2) a prisoner sentenced for murder in the second degree or misconduct involving a controlled substance in the first degree is eligible for discretionary parole as set out in (c)(2) of this section;
   3. (3) a prisoner sentenced for kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (c)(3) - (5) of this section;
   4. (4) a prisoner sentenced for a class B felony or a class C felony to a non-presumptive term is eligible for discretionary parole after serving one-fourth of the term of imprisonment;
   5. (5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) -(4), (d)(1) - (3), (e)(1) - (3), or (i)(1) - (4) is eligible for discretionary parole as set out in 22 AAC 20.055 and 22 AAC 20.070; if the prisoner is eligible for discretionary parole under 22 AAC 20.055 or 22 AAC 20.070, the prisoner shall serve one-fourth of the term of imprisonment on the eligible sentence or eligible portion of the sentence.

6. (f) A prisoner who committed a felony after September 12, 1987 but before March 22, 2005, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a), (b), (c), or (i) is eligible for discretionary parole after serving the greatest of

      1. (A) the mandatory minimum term under AS 12.55.125(a), (b), (c), or (i);
      2. (B) the presumptive term less good time credited under AS 33.20.010;
      3. (C) at least one-third of the period of confinement imposed; or
      4. (D) any minimum term set under AS 12.55.115 at sentencing;
   2. (2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;
   3. (3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;
   4. (4) a prisoner sentenced for a class B or class C felony to a non-presumptive term is eligible for discretionary parole as set out in (e)(4) of this section;
   5. (5) a prisoner sentenced to a presumptive term for a class B or a class C felony is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

7. (g) A prisoner who committed a felony after March 21, 2005 but before January 1, 2017, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving the greatest of

      1. (A) the mandatory minimum term under AS 12.55.125(a) or (b);
      2. (B) at least one-third of the active term of imprisonment imposed; or
      3. (C) any minimum term set under AS 12.55.115 at sentencing;
   2. (2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;

   3. (3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;

      1. (4) a prisoner sentenced within or below a presumptive range under AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) is not eligible for discretionary parole except as set out in

         1. (A) 22 AAC 20.050 if sentenced by a three-judge panel;
         2. (B) 22 AAC 20.055 if the term is an aggravated presumptive term; or
         3. (C) 22 AAC 20.070 if the term is a consecutive presumptive term;
   4. (5) a prisoner sentenced under AS 12.55.125(d)(1) for a first felony conviction that is a class B felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed;
   5. (6) a prisoner sentenced under AS 12.55.125(e)(1) for a first felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed;
   6. (7) a prisoner sentenced under AS 12.55.125(e)(2) for a second felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed.

8. (h) A prisoner who committed a felony before July 9, 2019 and was sentenced after December 31, 2016 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving the greatest of

      1. (A) the mandatory minimum term under AS 12.55.125(a) or (b);
      2. (B) at least one-third of the active term of imprisonment imposed; or
      3. (C) any minimum term set under AS 12.55.115 at sentencing;
   2. (2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;
   3. (3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(/) is not eligible for discretionary parole during the entire term;

   4. (4) a prisoner sentenced within or below a presumptive range under AS 12.55.125(i)(1) and (2) is not eligible for discretionary parole except as set out in

      1. (A) 22 AAC 20.050 if sentenced by a three-judge panel;
      2. (B) 22 AAC 20.055 if the term is an aggravated presumptive term; or
      3. (C) 22 AAC 20.070 if the term is a consecutive presumptive term;
   5. (5) a prisoner sentenced for a term under AS 12.55.125(i)(3) and (4) is eligible for discretionary parole after serving one-half of the active term of imprisonment imposed after a deduction for the good time earned under AS 33.20.010;
   6. (6) a prisoner sentenced for a term under AS 12.55.125(c), (d), or (e) is eligible after serving one-fourth of the active term of imprisonment imposed.

9. (i) A prisoner who committed a felony after July 8, 2019 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

   1. (1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving or

      1. (A) for a conviction under AS 11.41.100 or 11.41.110, the greatest of

         1. (i) the mandatory minimum term under AS 12.55.125(a) or (b);
         2. (ii) at least two-thirds of the active term of imprisonment imposed;
         3. (iii) any minimum term set under AS 12.55.115 at sentencing; or

      2. (B) for a conviction not listed under (A) of this paragraph, the greatest of

         1. (i) the mandatory minimum term under AS 12.55.125(a) or (b);
         2. (ii) at least one-half of the active term of imprisonment imposed; or
         3. (iii) any minimum term set under AS 12.55.115 at sentencing;
   2. (2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;
   3. (3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;
   4. (4) a prisoner sentenced under AS 12.55.125(i) and ineligible for a statutory good time deduction under AS 33.20.01 0(a)(3) is not eligible for discretionary parole during the entire term except as set out in 22 AAC 20.050 if sentenced by a three-judge panel;
   5. (5) a prisoner sentenced under AS 12.55.125(d) for a conviction under AS 11.71.030(a)(2) or (9) is eligible for discretionary parole after serving one-half of the term of imprisonment;

   6. (6) except as provided in (4) of this subsection, a prisoner sentenced within or below a presumptive range under AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) is not eligible for discretionary parole except as set out in

      1. (A) 22 AAC 20.050 if sentenced by a three-judge panel;
      2. (B) 22 AAC 20.055 if the term is an aggravated presumptive term; or
      3. (C) 22 AAC 20.070 if the term is a consecutive presumptive term;
   7. (7) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(d)(1) for a first felony conviction that is a class B felony is eligible for discretionary parole after serving one fourth of the active term of imprisonment imposed;
   8. (8) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(e)(1) for a first felony conviction that is a class C felony is eligible for discretionary parole after serving one fourth of the active term of imprisonment imposed;
   9. (9) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(e)(2) for a second felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed.

(Eff. 4/18/2025, Register 254)

Authority: AS 01.10.100, AS 33.16.060, AS 33.16.090