Alaska Statutes
Alaska Stat. § 12.55.055 (2026)
Community work
✓ current as of July 2026
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Sec. 12.55.055. Community work.
(a) The court may order a defendant convicted of an offense to perform community work as a condition of probation, a suspended sentence, suspended imposition of sentence, or suspended entry of judgment, or in addition to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the court may recommend to the Department of Corrections that the defendant perform community work.
(b) Community work includes work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public lands, forests, parks, roads, highways, facilities, or education. Community work may not confer a private benefit on a person except as may be incidental to the public benefit.
(c) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.
(d) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment. Substitution of community work shall be at a rate of eight hours for each day of imprisonment. A court may not offer substitution of community work for any mandatory minimum period of imprisonment or for any period within the presumptive range of imprisonment for the offense.
(e) Medical benefits for an individual injured while performing community work at the direction of the state shall be assumed by the state to the extent not covered by collateral sources. When the state pays medical benefits under this subsection, a claim for medical expenses by the injured individual against a third party is subrogated to the state.
(f) [Repealed, § 11 ch 71 SLA 1996.]
(g) The court may not
(1) offer a defendant convicted of an offense the option of serving jail time in lieu of performing uncompleted community work previously ordered by the court; or
(2) convert uncompleted community work hours into a sentence of imprisonment.
(h) If a court orders community work as part of the defendant's sentence under this section, the court shall provide notice to the defendant at sentencing and include as a provision of the judgment that if the defendant fails to provide proof of community work within 20 days after the date set by the court, the court shall convert those community work hours to a fine equal to the number of uncompleted work hours multiplied by the state's minimum hourly wage and issue a judgment against the defendant for that amount.
(a) The court may order a defendant convicted of an offense to perform community work as a condition of probation, a suspended sentence, suspended imposition of sentence, or suspended entry of judgment, or in addition to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the court may recommend to the Department of Corrections that the defendant perform community work.
(b) Community work includes work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public lands, forests, parks, roads, highways, facilities, or education. Community work may not confer a private benefit on a person except as may be incidental to the public benefit.
(c) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.
(d) The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment. Substitution of community work shall be at a rate of eight hours for each day of imprisonment. A court may not offer substitution of community work for any mandatory minimum period of imprisonment or for any period within the presumptive range of imprisonment for the offense.
(e) Medical benefits for an individual injured while performing community work at the direction of the state shall be assumed by the state to the extent not covered by collateral sources. When the state pays medical benefits under this subsection, a claim for medical expenses by the injured individual against a third party is subrogated to the state.
(f) [Repealed, § 11 ch 71 SLA 1996.]
(g) The court may not
(1) offer a defendant convicted of an offense the option of serving jail time in lieu of performing uncompleted community work previously ordered by the court; or
(2) convert uncompleted community work hours into a sentence of imprisonment.
(h) If a court orders community work as part of the defendant's sentence under this section, the court shall provide notice to the defendant at sentencing and include as a provision of the judgment that if the defendant fails to provide proof of community work within 20 days after the date set by the court, the court shall convert those community work hours to a fine equal to the number of uncompleted work hours multiplied by the state's minimum hourly wage and issue a judgment against the defendant for that amount.
Notes of Decisions
Cited in 12
cases, 1987–2019 · leading case: State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994).
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “[4] The judge further specified that Hernandez would be permitted to perform community work in lieu of eight months of the unsuspended jail term, at the rate specified in AS 12.55.055(d). [5] This left Hernandez only four months of actual jail-time.”
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “In AS 12.55.055(d), the legislature has provided: The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment.”
Booth v. State, 903 P.2d 1079 (Alaska Ct. App. 1995). “015(a)(6), a judge may require a defendant “to carry out a continuous or periodic program of community work under AS 12.55.055” — but only after the defendant has been convicted of an offense.”
Hazelwood v. State, 962 P.2d 196 (Alaska Ct. App. 1998). “100(a)(4) states: While on probation and among the conditions of probation, the defendant may be required to perform community work in accordance with AS 12.55.055. Alaska Statute 12.55.055(c) and (d) state: (c) The court may offer a defendant convicted of an offense the option…”
Benboe v. State, 738 P.2d 356 (Alaska Ct. App. 1987). “ns of probation, the defendant may be required (1) to pay a fine in one or several sums; (2) to make restitution or reparation to aggrieved parties for actual damages or loss caused by the crime for which conviction was had; (3) to provide for the support of any persons for…”
State v. Brueggeman, 24 P.3d 583 (Alaska Ct. App. 2001). “We explained that the language of AS 12.55.055(d) makes it reasonably clear that the legislature did not regard community work as the functional equivalent of incarceration in all situations.”
State v. Walker, 283 P.3d 668 (Alaska Ct. App. 2012). “But this Court's decision was based on the wording of AS 12.55.055(c), which states that defendants are entitled to credit against their sentences "for time spent in custody pending trial, sentencing, or appeal.”
State v. Monk, 886 P.2d 1315 (Alaska Ct. App. 1994). “[6] AS 12.55.055(d) specifies that when a sentencing court elects to allow a defendant to perform community work instead of serving time in jail, the defendant must be credited with one day of jail for every eight hours of community work performed.”
State v. Buza, 886 P.2d 1318 (Alaska Ct. App. 1994). “AS 12.55.055(d). Therefore, under AS 12.55.”
State v. Fogg, 995 P.2d 675 (Alaska Ct. App. 2000). “For example, AS 12.55.055(d) allows a court to “offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment.”
State v. Wagner, 835 P.2d 454 (Alaska Ct. App. 1992). “045; (6) order the defendant to carry out a continuous or periodic program of community work under AS 12.55.055; (7) suspend execution of all or a portion of the sentence imposed under AS 12.”
Swartz v. Mun. of Anchorage, 436 P.3d 1104 (Alaska Ct. App. 2019). “Why we conclude that the court erred when it imposed 9 days of jail time In 2016, the Alaska legislature amended AS 12.55.055 to expressly prohibit courts from converting uncompleted community work service hours into jail time.”
— Alaska Stat. § 12.55.055(c) — 2 cases
State v. Walker, 283 P.3d 668 (Alaska Ct. App. 2012). “But this Court's decision was based on the wording of AS 12.55.055(c), which states that defendants are entitled to credit against their sentences "for time spent in custody pending trial, sentencing, or appeal.”
Hazelwood v. State, 962 P.2d 196 (Alaska Ct. App. 1998). “100(a)(4) states: While on probation and among the conditions of probation, the defendant may be required to perform community work in accordance with AS 12.55.055. Alaska Statute 12.55.055(c) and (d) state: (c) The court may offer a defendant convicted of an offense the option…”
— Alaska Stat. § 12.55.055(d) — 7 cases
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “[4] The judge further specified that Hernandez would be permitted to perform community work in lieu of eight months of the unsuspended jail term, at the rate specified in AS 12.55.055(d). [5] This left Hernandez only four months of actual jail-time.”
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “In AS 12.55.055(d), the legislature has provided: The court may offer a defendant convicted of an offense the option of performing community work in lieu of a sentence of imprisonment.”
State v. Brueggeman, 24 P.3d 583 (Alaska Ct. App. 2001). “We explained that the language of AS 12.55.055(d) makes it reasonably clear that the legislature did not regard community work as the functional equivalent of incarceration in all situations.”
State v. Monk, 886 P.2d 1315 (Alaska Ct. App. 1994). “[6] AS 12.55.055(d) specifies that when a sentencing court elects to allow a defendant to perform community work instead of serving time in jail, the defendant must be credited with one day of jail for every eight hours of community work performed.”
State v. Buza, 886 P.2d 1318 (Alaska Ct. App. 1994). “AS 12.55.055(d). Therefore, under AS 12.55.”
— Alaska Stat. § 12.55.055(h) — 1 case
Swartz v. Mun. of Anchorage, 436 P.3d 1104 (Alaska Ct. App. 2019). “Why we conclude that the court erred when it imposed 9 days of jail time In 2016, the Alaska legislature amended AS 12.55.055 to expressly prohibit courts from converting uncompleted community work service hours into jail time.”
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