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Alaska Statutes

Alaska Stat. § 12.55.086 (2026)

Imprisonment as a condition of suspended imposition of sentence

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Sec. 12.55.086. Imprisonment as a condition of suspended imposition of sentence.
 (a) When the imposition of sentence is suspended under AS 12.55.085, the court may require, as a special condition of probation, that the defendant serve a definite term of continuous or periodic imprisonment, not to exceed the maximum term of imprisonment that could have been imposed. The court may recommend that the defendant serve all or part of the term in a correctional restitution center.

 (b) A defendant imprisoned under this section is entitled to a deduction from the term of imprisonment for good conduct under AS 33.20.010. Unless otherwise specified in the order of suspension of imposition of sentence, a defendant imprisoned under this section is eligible for parole if the term of imprisonment exceeds one year and is eligible for any work furlough, rehabilitation furlough, or similar program available to other state prisoners.

 (c) If probation is revoked and the defendant is sentenced to imprisonment, the defendant shall receive credit for time served under this section. Deductions for good conduct under AS 33.20.010 do not constitute “time served.”




Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1979–2023 · leading case: Schmid v. State, 615 P.2d 565 (Alaska 1980).
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Schmid v. State, 615 P.2d 565 (Alaska 1980). · cites it 5× “Thereafter, the legislature enacted AS 12.55.086, giving the trial courts such authority.”
Zurfluh v. State, 620 P.2d 690 (Alaska 1980). · cites it 6× “32, SLA 1979, codified as AS 12.55.086, and made it effective May 2, 1979.”
State v. First Nat'l Bank of Anchorage, 660 P.2d 406 (Alaska 1982). · cites it 2× “086, which relates to sentencing in criminal cases, could be retroactively applied for a 153-day period since "[t]he apparent intent of the legislature as [sic] that the benefits of this type of sentencing should be available to trial judges as soon as possible... .”
Lock v. State, 609 P.2d 539 (Alaska 1980). · cites it 2× “085(c) was amended, effective May 2, 1979, to add that the pronouncement of sentence upon revocation of probation is “subject to the limitation specified in AS 12.”
Putnam v. State, 629 P.2d 35 (Alaska 1980). · cites it 2× “AS 12.55.086. [21] AS 12.55.120(b) provides: A sentence of imprisonment lawfully imposed by the superior court may be appealed to the supreme court by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant…”
Whittlesey v. State, 626 P.2d 1066 (Alaska 1980). · cites it 2× “085, as provided by AS 12.55.086(a) (effective May 2, 1979). But that is not what was done here.”
Bailey v. State, 734 A.2d 684 (Md. 1999). “, Alaska Stat. § 12.55.086 (Michie 1998); Ark.”
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). · cites it 2× “…that would have been sufficiently lengthy to serve the purposes of general deterrence and community condemnation. See AS 12.55.086.”
Mangold v. State, 613 P.2d 272 (Alaska 1980). · cites it 2× “8 Subsequent to the sentencing hearing, the state legislature added to the statutory scheme a new provision, AS 12.55.086, 9 authorizing imprisonment as a condition of *277 probation granted under a suspended imposition of sentence.”
State v. Stafford, 129 P.3d 927 (Alaska Ct. App. 2006). “The apparent intent of the legislature [was] that the benefits of this type of sentencing should be available to trial judges as soon as possible and there is nothing to indicate that the legislature meant to discriminate against people who were sentenced during the 153 days…”
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “32 See AS 12.55.086(c), AS 12.55.090(b); AS 33.05.”
M. O. W. v. State, 645 P.2d 1229 (Alaska Ct. App. 1982). · cites it 3× “085, providing for suspended imposition of sentences for adults, and therefore, as governed by AS 12.55.086, which was enacted in 1979 to change the Boyne result.”
Show all 25 citing cases →
— Alaska Stat. § 12.55.086(a) — 5 cases
Whittlesey v. State, 626 P.2d 1066 (Alaska 1980). “085, as provided by AS 12.55.086(a) (effective May 2, 1979). But that is not what was done here.”
Lock v. State, 609 P.2d 539 (Alaska 1980). “085(c) was amended, effective May 2, 1979, to add that the pronouncement of sentence upon revocation of probation is “subject to the limitation specified in AS 12.”
Zurfluh v. State, 620 P.2d 690 (Alaska 1980). “32, SLA 1979, codified as AS 12.55.086, and made it effective May 2, 1979.”
State v. Felix, 50 P.3d 807 (Alaska Ct. App. 2002).
Anderson v. State, 621 P.2d 1345 (Alaska 1981).
— Alaska Stat. § 12.55.086(c) — 5 cases
Lock v. State, 609 P.2d 539 (Alaska 1980). “085(c) was amended, effective May 2, 1979, to add that the pronouncement of sentence upon revocation of probation is “subject to the limitation specified in AS 12.”
State of Alaska v. Falealo Manuele Pulusila, 467 P.3d 211 (Alaska 2020). “32 See AS 12.55.086(c), AS 12.55.090(b); AS 33.05.”
Galaktionoff v. State, 733 P.2d 628 (Alaska Ct. App. 1987).
State v. Shetters, 246 P.3d 332 (Alaska Ct. App. 2010).
George v. State, 307 P.3d 4 (Alaska Ct. App. 2013).
— Alaska Stat. § 12.55.086(d) — 2 cases
Starkey v. State, 382 P.3d 1209 (Alaska Ct. App. 2016).
State v. Cofey, 36 P.3d 733 (Alaska Ct. App. 2001).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.