Alaska Statutes
Alaska Stat. § 12.55.100 (2026)
Conditions of probation
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 12.55.100. Conditions of probation.
(a) Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family. If a person convicted of a crime involving domestic violence is placed on probation, the court may order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) — (7) and (11), and may
(1) require the defendant to participate in and complete to the satisfaction of the court one or more programs for the rehabilitation of perpetrators of domestic violence that meet the standards set by, and that are approved by, the Department of Corrections under AS 44.28.020(b), if the program is available in the community where the defendant resides; the court may not order a defendant to participate in or complete a program for the rehabilitation of perpetrators of domestic violence that does not meet the standards set, and that is not approved, by the Department of Corrections under AS 44.28.020(b);
(2) require the defendant to refrain from the consumption of alcohol; and
(3) impose any other condition necessary to protect the victim and any members of the victim's family, or to rehabilitate the defendant.
(b) If the defendant is not in custody, the defendant shall pay the costs of an evaluation or a program of rehabilitation ordered under (a)(1) — (3) of this section. If the defendant is in custody, the responsibility for costs shall be as provided in AS 33.30.028.
(a) Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family. If a person convicted of a crime involving domestic violence is placed on probation, the court may order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) — (7) and (11), and may
(1) require the defendant to participate in and complete to the satisfaction of the court one or more programs for the rehabilitation of perpetrators of domestic violence that meet the standards set by, and that are approved by, the Department of Corrections under AS 44.28.020(b), if the program is available in the community where the defendant resides; the court may not order a defendant to participate in or complete a program for the rehabilitation of perpetrators of domestic violence that does not meet the standards set, and that is not approved, by the Department of Corrections under AS 44.28.020(b);
(2) require the defendant to refrain from the consumption of alcohol; and
(3) impose any other condition necessary to protect the victim and any members of the victim's family, or to rehabilitate the defendant.
(b) If the defendant is not in custody, the defendant shall pay the costs of an evaluation or a program of rehabilitation ordered under (a)(1) — (3) of this section. If the defendant is in custody, the responsibility for costs shall be as provided in AS 33.30.028.
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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