- (a) Discretionary parole eligibility for consecutive sentences is computed by adding the sum of each parole eligibility period. A prisoner is eligible for discretionary parole when the prisoner has reached eligibility on all sentences.
(b) If a prisoner is sentenced to consecutive sentences, one of which is less than 181 days or otherwise ineligible for discretionary parole under AS 33.16.090, the prisoner is eligible for discretionary parole when
- (1) the parole-ineligible sentence has been served less good time credited under AS 33.20.010; and
- (2) the prisoner has reached parole-eligibility on the parole-eligible sentence as set out in this chapter.
(c) If a prisoner is sentenced to consecutive presumptive terms or partially consecutive presumptive terms, discretionary parole eligibility is computed as follows, subject to 22 AAC 20.080:
(1) if a prisoner committed a felony before January 1, 1986, the prisoner shall serve
- (A) the initial presumptive term less good time credited under AS 33.20.010; and
- (B) one-third of the second or subsequent presumptive terms;
(2) except as provided in 22 AAC 20.017(f)(1) and (3), if a prisoner committed a felony after December 31, 1985 but before March 22, 2005, and was sentenced before January 1, 2017, the prisoner shall serve
- (A) the initial presumptive term, less good time credited under AS 33.20.010; and
- (B) one-fourth of the active term of imprisonment for any aggravated portion of the sentence and subsequent presumptive sentences, depending upon the eligibility for the offense as set out in 22 AAC 20.017(e)(5);
(3) except as provided in (d) of this section, if a prisoner committed a felony after March 21, 2005 but before January 1, 2017, and was sentenced before January 1, 2017, the prisoner shall serve
- (A) the presumptive term of the primary crime, less good time credited under AS 33.20.010; and
- (B) one-fourth of the active term of imprisonment for any aggravated portion of the sentence for the primary crime and subsequent presumptive sentences;
(4) except as provided in (B) of this paragraph or (d) of this section, if a prisoner committed a felony before July 9, 2019 and was sentenced after December 31, 2016,
- (A) the prisoner's presumptive sentence is eligible for discretionary parole and the prisoner shall serve the time required to be computed as provided in 22 AAC 20.017(h) and (a) of this section; and
- (B) if the primary crime was sentenced under AS 12.55.125(i)(1) or (2), the prisoner shall serve the required time as provided under (3) of this subsection;
- (5) except as provided in (d) of this section, if a prisoner committed a felony after July 8, 2019, the prisoner must serve the time as provided in (3) of this subsection.
(d) If a prisoner committed a felony after March 21, 2005 and was sentenced to consecutive or partially consecutive terms that include presumptive sentences and terms with mandatory minimums under AS 12.55.125(a) or (b), the prisoner shall serve the greatest of
- (1) the composite total of any mandatory minimum sentences;
- (2) any term set under 22 AAC 20.080; or
- (3) the time required to be served for the primary crime had it been the only sentence imposed, plus one-quarter of the composite total of the active term of imprisonment for sentences imposed as consecutive or partially consecutive sentences eligible for all crimes eligible for discretionary parole under AS 33.16.090 other than the primary crime.
(e) For purposes of this section,
- (1) "active term of imprisonment" means the unsuspended portion of the sentence imposed by the sentencing court for a crime;
- (2) "initial presumptive term" means the presumptive term of the most serious offense for which the prisoner was sentenced;
(3) "primary crime" means the crime
- (A) for which the sentencing court imposes the longest active term of imprisonment; or
- (B) that is designated by the sentencing court as the longest primary crime when no single crime has the longest active term of imprisonment.
(Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 4/18/2025, Register 254)
Authority: AS 33.16.060, AS 33.16.090, AS 33.16.100