Alaska Statutes
Alaska Stat. § 12.55.085 (2026)
Suspending imposition of sentence
✓ current as of July 2026
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Sec. 12.55.085. Suspending imposition of sentence.
(a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and shall place the person on probation, under the charge and supervision of the probation officer of the court during the suspension.
(b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the interests of justice require, and if the court, in its judgment, has reason to believe that the person placed upon probation is
(1) violating the conditions of probation;
(2) engaging in criminal practices; or
(3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).
(c) Upon the revocation and termination of the probation, the court may pronounce sentence at any time within the maximum probation period authorized by this section, subject to the limitation specified in AS 12.55.086(c).
(d) The court may at any time during the period of probation revoke or modify its order of suspension of imposition of sentence. It may at any time, when the ends of justice will be served, and when the good conduct and reform of the person held on probation warrant it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and pronounced sentence, the defendant shall, at the end of the term of probation, be discharged by the court.
(e) Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that effect.
(f) The court may not suspend the imposition of sentence of a person who
(1) is convicted of a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;
(2) uses a firearm in the commission of the offense for which the person is convicted; or
(3) is convicted of a violation of AS 11.41.230 — 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.
(a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater, and upon the terms and conditions that the court determines, and shall place the person on probation, under the charge and supervision of the probation officer of the court during the suspension.
(b) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer's care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the interests of justice require, and if the court, in its judgment, has reason to believe that the person placed upon probation is
(1) violating the conditions of probation;
(2) engaging in criminal practices; or
(3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).
(c) Upon the revocation and termination of the probation, the court may pronounce sentence at any time within the maximum probation period authorized by this section, subject to the limitation specified in AS 12.55.086(c).
(d) The court may at any time during the period of probation revoke or modify its order of suspension of imposition of sentence. It may at any time, when the ends of justice will be served, and when the good conduct and reform of the person held on probation warrant it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and pronounced sentence, the defendant shall, at the end of the term of probation, be discharged by the court.
(e) Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that effect.
(f) The court may not suspend the imposition of sentence of a person who
(1) is convicted of a violation of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.530, AS 11.46.400, AS 11.61.125 — 11.61.128, or AS 11.66.110 — 11.66.135;
(2) uses a firearm in the commission of the offense for which the person is convicted; or
(3) is convicted of a violation of AS 11.41.230 — 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.
Notes of Decisions
Cited in 106
cases (5 in the last 5 years), 1969–2023 · leading case: Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004).
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “[14] The Department of Public Safety promulgated a regulation in 1995 defining "conviction" for purposes of ASORA to include findings of guilt by a court "whether or not the judgment was thereafter set aside under AS 12.55.085." [15] In 1999 the legislature amended ASORA's…”
Journey v. State, 895 P.2d 955 (Alaska 1995). “Passed in 1965, AS 12.55.085 has no legislative history to illuminate the meaning of its text.”
Sprague v. State, 590 P.2d 410 (Alaska 1979). “While noting that we perceive serious constitutional barriers to imposing short periods of incarceration as the result of minor infractions of probation conditions without complying with the traditional due process requirements for revocation hearings, we find it unnecessary to…”
Wharton v. State, 590 P.2d 427 (Alaska 1979). “Wharton's counsel asked for a suspended imposition of sentence pursuant to AS 12.55.085. [6] The state's attorney agreed with Wharton's attorney.”
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995). “AS 12.55.085 provides, in relevant part: (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence…”
State v. Otness, 986 P.2d 890 (Alaska Ct. App. 1999). “10 or a similar procedure in another jurisdiction, has entered a plea of guilty or no contest to, or has been found guilty by a court or jury of, a criminal offense, whether or not the judgment was thereafter set aside under AS 12.55.085 (emphasis added)[.] The appellees argue…”
Lock v. State, 609 P.2d 539 (Alaska 1980). “AS 12.55.085 merely defines the period in which sentencing may be imposed after it has been deferred; it in no sense precludes the granting of credit towards that sentence as required by AS 11.”
Schmid v. State, 615 P.2d 565 (Alaska 1980). “See AS 12.55.085. One of the conditions of probation was that the defendant serve 120 days in jail.”
Wickham v. State, 844 P.2d 1140 (Alaska Ct. App. 1993). “Prior to trial on these charges, Wickham moved to set aside a 1982 judgment of conviction for two counts of perjury, for which he had received a suspended imposition of sentence pursuant to AS 12.55.085. Wickham alleged that he had complied with the requirements of his suspended…”
Nattrass v. State, 554 P.2d 399 (Alaska 1976). “5 We further note that whether or not a sentencing court should impose a suspended imposition of sentence in a given case is, by AS 12.55.085(a), left to the discretion of the sentencing court.”
State, Div. of Corp., Bus. & Prof'l Licensing, Alaska Bd. of Nursing v. Platt, 169 P.3d 595 (Alaska 2007). “[11] The central issue presented is whether an individual whose conviction has been set aside pursuant to AS 12.55.085 [12] *599 remains someone who "has been convicted of a crime substantially related to the qualifications, functions, or duties of a certified nurse aide" under…”
Holton v. State, 602 P.2d 1228 (Alaska 1979). “We have consistently referred to AS 12.55.085 as the authority for suspending sentences.”
— Alaska Stat. § 12.55.085(a) — 36 cases
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “[14] The Department of Public Safety promulgated a regulation in 1995 defining "conviction" for purposes of ASORA to include findings of guilt by a court "whether or not the judgment was thereafter set aside under AS 12.55.085." [15] In 1999 the legislature amended ASORA's…”
Nattrass v. State, 554 P.2d 399 (Alaska 1976). “5 We further note that whether or not a sentencing court should impose a suspended imposition of sentence in a given case is, by AS 12.55.085(a), left to the discretion of the sentencing court.”
Fresneda v. State, 458 P.2d 134 (Alaska 1969).
Boyne v. State, 586 P.2d 1250 (Alaska 1978).
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994).
— Alaska Stat. § 12.55.085(b) — 11 cases
Holton v. State, 602 P.2d 1228 (Alaska 1979). “We have consistently referred to AS 12.55.085 as the authority for suspending sentences.”
Andrews v. State, 552 P.2d 150 (Alaska 1976).
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020).
Alexander v. State, 578 P.2d 591 (Alaska 1978).
Benboe v. State, 738 P.2d 356 (Alaska Ct. App. 1987).
— Alaska Stat. § 12.55.085(b)(3) — 1 case
Gwalthney v. State, 964 P.2d 1285 (Alaska Ct. App. 1998).
— Alaska Stat. § 12.55.085(b)(5) — 1 case
State v. Williams, 356 P.3d 804 (Alaska Ct. App. 2015).
— Alaska Stat. § 12.55.085(c) — 6 cases
Lock v. State, 609 P.2d 539 (Alaska 1980). “AS 12.55.085 merely defines the period in which sentencing may be imposed after it has been deferred; it in no sense precludes the granting of credit towards that sentence as required by AS 11.”
Schwing v. State, 633 P.2d 311 (Alaska Ct. App. 1981).
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020).
Nix v. State, 624 P.2d 825 (Alaska Ct. App. 1981).
Starkey v. State, 382 P.3d 1209 (Alaska Ct. App. 2016).
— Alaska Stat. § 12.55.085(d) — 12 cases
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “[14] The Department of Public Safety promulgated a regulation in 1995 defining "conviction" for purposes of ASORA to include findings of guilt by a court "whether or not the judgment was thereafter set aside under AS 12.55.085." [15] In 1999 the legislature amended ASORA's…”
State v. Mekiana, 726 P.2d 189 (Alaska 1986).
Champion v. State, 908 P.2d 454 (Alaska Ct. App. 1995).
Mekiana v. State, 707 P.2d 918 (Alaska Ct. App. 1985).
Wickham v. State, 844 P.2d 1140 (Alaska Ct. App. 1993). “Prior to trial on these charges, Wickham moved to set aside a 1982 judgment of conviction for two counts of perjury, for which he had received a suspended imposition of sentence pursuant to AS 12.55.085. Wickham alleged that he had complied with the requirements of his suspended…”
— Alaska Stat. § 12.55.085(e) — 25 cases
Journey v. State, 895 P.2d 955 (Alaska 1995). “Passed in 1965, AS 12.55.085 has no legislative history to illuminate the meaning of its text.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “[14] The Department of Public Safety promulgated a regulation in 1995 defining "conviction" for purposes of ASORA to include findings of guilt by a court "whether or not the judgment was thereafter set aside under AS 12.55.085." [15] In 1999 the legislature amended ASORA's…”
Wharton v. State, 590 P.2d 427 (Alaska 1979). “Wharton's counsel asked for a suspended imposition of sentence pursuant to AS 12.55.085. [6] The state's attorney agreed with Wharton's attorney.”
Spenard Action Comm. v. Lot 3, Block 1, Evergreen Subdivision, 902 P.2d 766 (Alaska 1995).
Mekiana v. State, 707 P.2d 918 (Alaska Ct. App. 1985).
— Alaska Stat. § 12.55.085(f) — 8 cases
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “[14] The Department of Public Safety promulgated a regulation in 1995 defining "conviction" for purposes of ASORA to include findings of guilt by a court "whether or not the judgment was thereafter set aside under AS 12.55.085." [15] In 1999 the legislature amended ASORA's…”
Lamkin v. State, 244 P.3d 540 (Alaska Ct. App. 2010).
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995). “AS 12.55.085 provides, in relevant part: (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence…”
Orr-Hickey v. State, 973 P.2d 612 (Alaska Ct. App. 1999).
State of Alaska v. Kai Davidson Meyers, 479 P.3d 840 (Alaska Ct. App. 2020).
— Alaska Stat. § 12.55.085(f)(1) — 3 cases
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995). “AS 12.55.085 provides, in relevant part: (a) Except as provided in (f) of this section, if it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be served, the court may, in its discretion, suspend the imposition of sentence…”
Dandova v. State, 72 P.3d 325 (Alaska Ct. App. 2003).
George v. State, 988 P.2d 1116 (Alaska Ct. App. 1999).
— Alaska Stat. § 12.55.085(f)(2) — 1 case
Orr-Hickey v. State, 973 P.2d 612 (Alaska Ct. App. 1999).
— Alaska Stat. § 12.55.085(f)(3) — 1 case
Journey v. State, 895 P.2d 955 (Alaska 1995). “Passed in 1965, AS 12.55.085 has no legislative history to illuminate the meaning of its text.”
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