Alaska Statutes
Alaska Stat. § 12.55.100 (2026)
Conditions of probation
✓ current as of July 2026
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Sec. 12.55.100. Conditions of probation.
(a) While on probation and among the conditions of probation, the defendant
(1) shall be required to obey all state, federal, and local laws or ordinances, and any court orders applicable to the probationer; and
(2) may be required
(A) to pay a fine in one or several sums;
(B) to make restitution or reparation to aggrieved parties for actual damages or loss caused by the crime for which conviction was had, including compensation to a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime; when determining the amount of actual damages or loss under this subparagraph, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of the replacement of the property within a reasonable time after the crime;
(C) to provide for the support of any persons for whose support the defendant is legally responsible;
(D) to perform community work in accordance with AS 12.55.055;
(E) to participate in or comply with the treatment plan of an inpatient or outpatient rehabilitation program specified by either the court or the defendant's probation officer that is related to the defendant's offense or to the defendant's rehabilitation;
(F) to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment;
(G) to comply with a program established under AS 47.38.020; and
(H) to comply with the sanctions imposed by the defendant's probation officer under AS 33.05.020(g).
(b) The defendant's liability for a fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.
(c) A program of inpatient treatment may be required by the authorized agency under (a)(2)(F) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days after the agency's referral, and shall specifically set out the grounds on which the request for review is based. The court may order a hearing on the request for review.
(d) If the court orders probation for a defendant convicted of an offense requiring the state to collect a blood sample, oral sample, or both, from the defendant for the deoxyribonucleic acid identification registration system under AS 44.41.035, the court shall order the defendant, as a condition of probation, to submit to the collection of
(1) the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples; or
(2) an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer.
(e) In addition to other conditions imposed on the defendant, while on probation and as a condition of probation
(1) for a sex offense, as described in AS 12.63.100, the defendant
(A) shall be required to submit to regular periodic polygraph examinations;
(B) may be required to provide each electronic mail address, instant messaging address, and other Internet communication identifier that the defendant uses to the defendant's probation officer; the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the local law enforcement agency;
(2) if the defendant was convicted of a violation of AS 11.41.434 — 11.41.455, AS 11.61.125 — 11.61.128, or a similar offense in another jurisdiction, the defendant may be required to refrain from
(A) using or creating an Internet site;
(B) communicating with children under 16 years of age;
(C) possessing or using a computer; or
(D) residing within 500 feet of school grounds; in this subparagraph, “school grounds” has the meaning given in AS 11.71.900.
(f) While on probation and as a special condition of probation for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the court shall require that the defendant submit to electronic monitoring. Electronic monitoring under this subsection must provide for monitoring of the defendant's location and movements by Global Positioning System technology. The court shall require a defendant serving a period of probation with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the defendant has sufficient financial resources to pay the costs or a portion of the costs. A defendant subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on probation. In this subsection, “correctional facility” has the meaning given in AS 33.30.901.
(a) While on probation and among the conditions of probation, the defendant
(1) shall be required to obey all state, federal, and local laws or ordinances, and any court orders applicable to the probationer; and
(2) may be required
(A) to pay a fine in one or several sums;
(B) to make restitution or reparation to aggrieved parties for actual damages or loss caused by the crime for which conviction was had, including compensation to a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime; when determining the amount of actual damages or loss under this subparagraph, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of the replacement of the property within a reasonable time after the crime;
(C) to provide for the support of any persons for whose support the defendant is legally responsible;
(D) to perform community work in accordance with AS 12.55.055;
(E) to participate in or comply with the treatment plan of an inpatient or outpatient rehabilitation program specified by either the court or the defendant's probation officer that is related to the defendant's offense or to the defendant's rehabilitation;
(F) to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment;
(G) to comply with a program established under AS 47.38.020; and
(H) to comply with the sanctions imposed by the defendant's probation officer under AS 33.05.020(g).
(b) The defendant's liability for a fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.
(c) A program of inpatient treatment may be required by the authorized agency under (a)(2)(F) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days after the agency's referral, and shall specifically set out the grounds on which the request for review is based. The court may order a hearing on the request for review.
(d) If the court orders probation for a defendant convicted of an offense requiring the state to collect a blood sample, oral sample, or both, from the defendant for the deoxyribonucleic acid identification registration system under AS 44.41.035, the court shall order the defendant, as a condition of probation, to submit to the collection of
(1) the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples; or
(2) an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer.
(e) In addition to other conditions imposed on the defendant, while on probation and as a condition of probation
(1) for a sex offense, as described in AS 12.63.100, the defendant
(A) shall be required to submit to regular periodic polygraph examinations;
(B) may be required to provide each electronic mail address, instant messaging address, and other Internet communication identifier that the defendant uses to the defendant's probation officer; the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the local law enforcement agency;
(2) if the defendant was convicted of a violation of AS 11.41.434 — 11.41.455, AS 11.61.125 — 11.61.128, or a similar offense in another jurisdiction, the defendant may be required to refrain from
(A) using or creating an Internet site;
(B) communicating with children under 16 years of age;
(C) possessing or using a computer; or
(D) residing within 500 feet of school grounds; in this subparagraph, “school grounds” has the meaning given in AS 11.71.900.
(f) While on probation and as a special condition of probation for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the court shall require that the defendant submit to electronic monitoring. Electronic monitoring under this subsection must provide for monitoring of the defendant's location and movements by Global Positioning System technology. The court shall require a defendant serving a period of probation with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the defendant has sufficient financial resources to pay the costs or a portion of the costs. A defendant subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on probation. In this subsection, “correctional facility” has the meaning given in AS 33.30.901.
Notes of Decisions
Cited in 53
cases (7 in the last 5 years), 1972–2024 · leading case: Sprague v. State, 590 P.2d 410 (Alaska 1979).
Sprague v. State, 590 P.2d 410 (Alaska 1979). “Punitive damages payable to the victim simply are not authorized by AS 12.55.100. [16] The case is therefore remanded to the trial court with directions to vacate the punitive payments condition of *416 probation.”
Brown v. State, 559 P.2d 107 (Alaska 1977). “§ 3651 , the federal counterpart of AS 12.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “045 and AS 12.55.100 authorize a sentencing court to make restitution awards, either as part of the defendant's sentence or as a condition of probation.”
Marunich v. State, 151 P.3d 510 (Alaska Ct. App. 2006). “AS 12.55.100(a) does list six specific conditions of probation that a sentencing court is permitted to impose.”
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). “22 Like Farmer, Fee argued that AS 12.55.100(a) precluded the court from ordering restitution that exceeded the maximum amount of damages specified in the applicable criminal mischief statute since (according to Fee) such an amount exceeded the “actual damages or loss caused by…”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “020(E), the sentencing provision of the Anchorage Penal Code, incorporates by reference AS 12.55.100, which authorizes the imposition of restitution as a condition of probation).”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “43 40 Former AS 12.55.100(a)(2) (1962) (“While on probation and among the conditions of probation, the defendant may be required .”
Leuch v. State, 633 P.2d 1006 (Alaska 1981). “As it now stands, only passing reference is made to restitution in AS 12.55.100(a)(2), where it is listed as a possible condition of probation.”
Fee v. State, 656 P.2d 1202 (Alaska Ct. App. 1982). “AS 12.55.100(a) provides in pertinent part: Conditions of probation.”
Harris v. State, 678 P.2d 397 (Alaska Ct. App. 1984). “" AS 12.55.100(2); Schwing v. State, 633 P.”
Pena v. State, 664 P.2d 169 (Alaska Ct. App. 1983). “AS 12.55.100(a)(2) controls awards of restitution when imposed as a condition of suspended sentences or probation.”
Stone v. State, 690 P.2d 22 (Alaska Ct. App. 1984). “200(a), but rather from AS 12.55.100(a)(1), which provides: While on probation and among the conditions of probation, the defendant may be required (1) to pay a fine in one or several sums.”
— Alaska Stat. § 12.55.100(2) — 3 cases
Harris v. State, 678 P.2d 397 (Alaska Ct. App. 1984). “" AS 12.55.100(2); Schwing v. State, 633 P.”
Gonzales v. State, 608 P.2d 23 (Alaska 1980).
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “045 and AS 12.55.100 authorize a sentencing court to make restitution awards, either as part of the defendant's sentence or as a condition of probation.”
— Alaska Stat. § 12.55.100(2)(5) — 1 case
State, Dept. of Corr. v. Lundy, 188 P.3d 692 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.100(a) — 8 cases
Sprague v. State, 590 P.2d 410 (Alaska 1979). “Punitive damages payable to the victim simply are not authorized by AS 12.55.100. [16] The case is therefore remanded to the trial court with directions to vacate the punitive payments condition of *416 probation.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “045 and AS 12.55.100 authorize a sentencing court to make restitution awards, either as part of the defendant's sentence or as a condition of probation.”
Fee v. State, 656 P.2d 1202 (Alaska Ct. App. 1982). “AS 12.55.100(a) provides in pertinent part: Conditions of probation.”
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). “22 Like Farmer, Fee argued that AS 12.55.100(a) precluded the court from ordering restitution that exceeded the maximum amount of damages specified in the applicable criminal mischief statute since (according to Fee) such an amount exceeded the “actual damages or loss caused by…”
Marunich v. State, 151 P.3d 510 (Alaska Ct. App. 2006). “AS 12.55.100(a) does list six specific conditions of probation that a sentencing court is permitted to impose.”
— Alaska Stat. § 12.55.100(a)(1) — 7 cases
Brown v. State, 559 P.2d 107 (Alaska 1977). “§ 3651 , the federal counterpart of AS 12.”
Sprague v. State, 590 P.2d 410 (Alaska 1979). “Punitive damages payable to the victim simply are not authorized by AS 12.55.100. [16] The case is therefore remanded to the trial court with directions to vacate the punitive payments condition of *416 probation.”
Stone v. State, 690 P.2d 22 (Alaska Ct. App. 1984). “200(a), but rather from AS 12.55.100(a)(1), which provides: While on probation and among the conditions of probation, the defendant may be required (1) to pay a fine in one or several sums.”
Boyne v. State, 586 P.2d 1250 (Alaska 1978).
State of Alaska v. Kai Davidson Meyers, 479 P.3d 840 (Alaska Ct. App. 2020).
— Alaska Stat. § 12.55.100(a)(2) — 24 cases
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “045 and AS 12.55.100 authorize a sentencing court to make restitution awards, either as part of the defendant's sentence or as a condition of probation.”
Leuch v. State, 633 P.2d 1006 (Alaska 1981). “As it now stands, only passing reference is made to restitution in AS 12.55.100(a)(2), where it is listed as a possible condition of probation.”
Pena v. State, 664 P.2d 169 (Alaska Ct. App. 1983). “AS 12.55.100(a)(2) controls awards of restitution when imposed as a condition of suspended sentences or probation.”
Hagberg v. State, 606 P.2d 385 (Alaska 1980).
Schwing v. State, 633 P.2d 311 (Alaska Ct. App. 1981).
— Alaska Stat. § 12.55.100(a)(2)(B) — 6 cases
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). “22 Like Farmer, Fee argued that AS 12.55.100(a) precluded the court from ordering restitution that exceeded the maximum amount of damages specified in the applicable criminal mischief statute since (according to Fee) such an amount exceeded the “actual damages or loss caused by…”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “43 40 Former AS 12.55.100(a)(2) (1962) (“While on probation and among the conditions of probation, the defendant may be required .”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “020(E), the sentencing provision of the Anchorage Penal Code, incorporates by reference AS 12.55.100, which authorizes the imposition of restitution as a condition of probation).”
Brennan Grubb v. State of Alaska, 506 P.3d 791 (Alaska Ct. App. 2022).
Jong H. Choi v. State of Alaska, 528 P.3d 463 (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.100(a)(3) — 1 case
Robbins v. State, 97 P.3d 84 (Alaska Ct. App. 2004).
— Alaska Stat. § 12.55.100(a)(5) — 3 cases
Williams v. State, 924 P.2d 104 (Alaska Ct. App. 1996).
State v. Howard, 357 P.3d 1207 (Alaska Ct. App. 2015).
Gwalthney v. State, 964 P.2d 1285 (Alaska Ct. App. 1998).
— Alaska Stat. § 12.55.100(a)(6) — 1 case
Christensen v. State, 844 P.2d 557 (Alaska Ct. App. 1993).
— Alaska Stat. § 12.55.100(c) — 3 cases
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021).
Silas v. State, 425 P.3d 197 (Alaska Ct. App. 2018).
Rafael Lopez Martinez v. State of Alaska, 530 P.3d 1131 (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.100(d) — 1 case
Marunich v. State, 151 P.3d 510 (Alaska Ct. App. 2006). “AS 12.55.100(a) does list six specific conditions of probation that a sentencing court is permitted to impose.”
— Alaska Stat. § 12.55.100(e) — 1 case
Christensen v. State, 844 P.2d 557 (Alaska Ct. App. 1993).
— Alaska Stat. § 12.55.100(e)(2) — 1 case
Diorec v. State, 295 P.3d 409 (Alaska Ct. App. 2013).
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