Alaska Statutes
Alaska Stat. § 12.55.088 (2026)
Modification of sentence
✓ current as of July 2026
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Sec. 12.55.088. Modification of sentence.
(a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 days of the original sentencing.
(b) The sentencing court may not be required to entertain a second or successive motion for similar relief brought under (a) of this section on behalf of the same prisoner.
(c) A sentence may not be reduced or modified so as to result in a term of imprisonment that is less than the minimum sentence or lower than the presumptive range required by law for the original sentence.
(d) A victim has the right to comment in writing to the court on a motion to modify or reduce a sentence filed by the person who perpetrated the offense against the victim, and has the right to give sworn testimony or make an unsworn oral presentation at a hearing held in connection with the motion. If there are numerous victims, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing.
(e) If a motion is filed to modify or reduce a sentence by a defendant who perpetrated a crime against a person or arson in the first degree, the court shall, if feasible, send a copy of the motion to the Department of Corrections sufficiently in advance of any scheduled hearing or briefing deadline to enable the department to notify the victim of that crime. If that victim has earlier requested to be notified, the Department of Corrections shall send the victim a copy of the motion and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.
(f) The court shall provide copies of the victim's written comments to the prosecuting attorney, the person filing the motion to reduce or modify a sentence, and that person's attorney.
(g) In deciding whether to modify or reduce a sentence, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and the person filing the motion.
(h) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the offender or to the offender's attorney.
(a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 days of the original sentencing.
(b) The sentencing court may not be required to entertain a second or successive motion for similar relief brought under (a) of this section on behalf of the same prisoner.
(c) A sentence may not be reduced or modified so as to result in a term of imprisonment that is less than the minimum sentence or lower than the presumptive range required by law for the original sentence.
(d) A victim has the right to comment in writing to the court on a motion to modify or reduce a sentence filed by the person who perpetrated the offense against the victim, and has the right to give sworn testimony or make an unsworn oral presentation at a hearing held in connection with the motion. If there are numerous victims, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation during the hearing.
(e) If a motion is filed to modify or reduce a sentence by a defendant who perpetrated a crime against a person or arson in the first degree, the court shall, if feasible, send a copy of the motion to the Department of Corrections sufficiently in advance of any scheduled hearing or briefing deadline to enable the department to notify the victim of that crime. If that victim has earlier requested to be notified, the Department of Corrections shall send the victim a copy of the motion and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address.
(f) The court shall provide copies of the victim's written comments to the prosecuting attorney, the person filing the motion to reduce or modify a sentence, and that person's attorney.
(g) In deciding whether to modify or reduce a sentence, the court shall consider the victim's comments, testimony, or unsworn oral presentation, when relevant, and any response by the prosecuting attorney and the person filing the motion.
(h) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of corrections. The commissioner shall send the notice to the victim's last known address. The victim's address may not be disclosed to the offender or to the offender's attorney.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1982–2025 · leading case: Stoneking v. State, 39 P.3d 522 (Alaska Ct. App. 2002).
Stoneking v. State, 39 P.3d 522 (Alaska Ct. App. 2002). “Stoneking now appeals the dismissal, challenging on several grounds the 1995 amendment to AS 12.55.088 and alleging an independent right to file his application based on a statement by Superior Court Judge Jay Hodges.”
Fermoyle v. State, 638 P.2d 1320 (Alaska Ct. App. 1982). “These consolidated appeals raise the question whether either AS 12.55.088 or revised Alaska Criminal Rule 35(b) apply to defendants convicted and sentenced before January 1,1980, the effective date of the revised Alaska Criminal Code.”
State v. Felix, 50 P.3d 807 (Alaska Ct. App. 2002). “Then, in 1978, the landscape changed when the Alaska Legislature enacted AS 12.55.088. AS 12.55.088(a) gave courts the power to "modify or reduce a sentence at any time during a [defendant's] term of imprisonment if .”
State v. Price, 715 P.2d 1183 (Alaska Ct. App. 1986). “Criminal Rule 35(a) is derived from, and virtually identical to, Federal Rule of Criminal Procedure 35.”
Houston v. State, 648 P.2d 1024 (Alaska Ct. App. 1982). “See also AS 12.55.088 and Alaska R.Crim.P. 35(b). In the present case, despite the lack of psychiatric or alcohol rehabilitation or therapy, Houston had been a model prisoner over a period of four years' incarceration.”
Fowler v. State, 766 P.2d 588 (Alaska Ct. App. 1988). “” We are satisfied that the supreme court drafted Rule 35(b) in order to carry out the legislature’s intent in enacting former AS 12.55.088 4 and that the legislature did not intend to establish the trial court as a parole board to evaluate a sentenced prisoner's rehabilitation…”
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “Section 44 noted that section 27 of the bill had the effect of changing Rule 35(a), (b), and (k) of the Alaska Rules of Criminal Procedure by limiting the time in which a sentence could be modified under AS 12.55.088(a). Section 45 noted that section 40 of the bill had the…”
Gabrieloff v. State, 758 P.2d 128 (Alaska Ct. App. 1988). “Former AS 12.55.088 provides in relevant part: (a) The court may modify or reduce a sentence at any time during a term of imprisonment if it finds conditions or circumstances have changed since the original sentencing hearing such that the purpose of the original sentence is not…”
Yako William Collins v. State of Alaska, 568 P.3d 349 (Alaska 2025). “139 We recognize that the 2013 legislative amendments at issue in this case — eliminating mitigators that after Collins I could have been used to support a referral to the three-judge sentencing panel, with the attendant possibility of reduced punishment — do not exactly…”
David Middleton II v. State of Alaska, 556 P.3d 276 (Alaska Ct. App. 2024). “Stoneking dealt with a 1995 legislative amendment to AS 12.55.088, a statute providing for post-judgment modification of criminal sentences.”
— Alaska Stat. § 12.55.088(a) — 4 cases
Stoneking v. State, 39 P.3d 522 (Alaska Ct. App. 2002). “Stoneking now appeals the dismissal, challenging on several grounds the 1995 amendment to AS 12.55.088 and alleging an independent right to file his application based on a statement by Superior Court Judge Jay Hodges.”
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “Section 44 noted that section 27 of the bill had the effect of changing Rule 35(a), (b), and (k) of the Alaska Rules of Criminal Procedure by limiting the time in which a sentence could be modified under AS 12.55.088(a). Section 45 noted that section 40 of the bill had the…”
State v. Felix, 50 P.3d 807 (Alaska Ct. App. 2002). “Then, in 1978, the landscape changed when the Alaska Legislature enacted AS 12.55.088. AS 12.55.088(a) gave courts the power to "modify or reduce a sentence at any time during a [defendant's] term of imprisonment if .”
Yako William Collins v. State of Alaska, 568 P.3d 349 (Alaska 2025). “139 We recognize that the 2013 legislative amendments at issue in this case — eliminating mitigators that after Collins I could have been used to support a referral to the three-judge sentencing panel, with the attendant possibility of reduced punishment — do not exactly…”
— Alaska Stat. § 12.55.088(b) — 1 case
Stoneking v. State, 39 P.3d 522 (Alaska Ct. App. 2002). “Stoneking now appeals the dismissal, challenging on several grounds the 1995 amendment to AS 12.55.088 and alleging an independent right to file his application based on a statement by Superior Court Judge Jay Hodges.”
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