Alaska Statutes
Alaska Stat. § 33.16.060 (2026)
Duties of the board
✓ current as of July 2026
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Sec. 33.16.060. Duties of the board.
(a) The board shall
(1) serve as the parole authority for the state;
(2) consider the suitability for parole of a prisoner who is eligible for discretionary parole or special medical parole if
(A) the prisoner had no disciplinary action imposed during incarceration; or
(B) the prisoner had disciplinary action imposed during incarceration and the prisoner filed an application with the board for discretionary or special medical parole;
(3) impose parole conditions on all prisoners released under special medical, discretionary, or mandatory parole;
(4) under AS 33.16.210, discharge a person from parole when custody is no longer required;
(5) maintain records of the meetings and proceedings of the board;
(6) recommend to the governor and the legislature changes in the law administered by the board;
(7) recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;
(8) upon request of the governor, review and recommend applicants for executive clemency; and
(9) execute other responsibilities prescribed by law.
(b) The board shall adopt regulations under the Administrative Procedure Act (AS 44.62)
(1) establishing standards under which the suitability of a prisoner for special medical or discretionary parole shall be determined;
(2) providing for the supervision of parolees and for recommitment of parolees; and
(3) governing procedures of the board.
(c) The board shall establish a program for a parolee who has conditions of parole that include not consuming controlled substances or alcoholic beverages and who has been identified as being at moderate to high risk as identified by a risk-needs assessment. The program must
(1) include random testing for controlled substance and alcoholic beverage use;
(2) require that a parole officer file a parole violation report by the close of the next business day if a parolee
(A) fails to appear for an appointment as directed by the parole officer; or
(B) tests positive for the use of controlled substances or alcoholic beverages; and
(3) include a means to notify the board by the close of the next business day that a parole violation report has been filed on a parolee placed in the program by the board.
(a) The board shall
(1) serve as the parole authority for the state;
(2) consider the suitability for parole of a prisoner who is eligible for discretionary parole or special medical parole if
(A) the prisoner had no disciplinary action imposed during incarceration; or
(B) the prisoner had disciplinary action imposed during incarceration and the prisoner filed an application with the board for discretionary or special medical parole;
(3) impose parole conditions on all prisoners released under special medical, discretionary, or mandatory parole;
(4) under AS 33.16.210, discharge a person from parole when custody is no longer required;
(5) maintain records of the meetings and proceedings of the board;
(6) recommend to the governor and the legislature changes in the law administered by the board;
(7) recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;
(8) upon request of the governor, review and recommend applicants for executive clemency; and
(9) execute other responsibilities prescribed by law.
(b) The board shall adopt regulations under the Administrative Procedure Act (AS 44.62)
(1) establishing standards under which the suitability of a prisoner for special medical or discretionary parole shall be determined;
(2) providing for the supervision of parolees and for recommitment of parolees; and
(3) governing procedures of the board.
(c) The board shall establish a program for a parolee who has conditions of parole that include not consuming controlled substances or alcoholic beverages and who has been identified as being at moderate to high risk as identified by a risk-needs assessment. The program must
(1) include random testing for controlled substance and alcoholic beverage use;
(2) require that a parole officer file a parole violation report by the close of the next business day if a parolee
(A) fails to appear for an appointment as directed by the parole officer; or
(B) tests positive for the use of controlled substances or alcoholic beverages; and
(3) include a means to notify the board by the close of the next business day that a parole violation report has been filed on a parolee placed in the program by the board.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 1994–2025 · leading case: Smith v. State, Dep't of Corr., 872 P.2d 1218 (Alaska 1994).
Smith v. State, Dep't of Corr., 872 P.2d 1218 (Alaska 1994). “Rather, AS 33.16.060(b)(3) provides that “[t]he board shall adopt regulations .”
Trevor Stefano v. State of Alaska, Dep't of Corr. & Earl Houser, in an Off. capacity, 539 P.3d 497 (Alaska 2023). “020(a); AS 33.16.060(a)(2); AS 33.16.100. 3 AS 33.”
Donald McDonald v. State of Alaska, Dep't of Corr., Alaska Parole Bd., & Nancy Dahlstrom, 519 P.3d 345 (Alaska 2022). “” AS 33.16.060(a)(1), (3), (4). 2 See AS 33.”
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “115, permits courts to restrict a defendant’s eligibility for discretionary parole, requiring them to serve a term that is greater than the time set out under AS 33.”
State v. Cofey, 36 P.3d 733 (Alaska Ct. App. 2001). “…P.2d 621, 625 (Alaska 1993); State v. Otness, 986 P.2d 890, 893-94 (Alaska App.1999) (Mannheimer, J., concurring). . AS 33.16.060(b)(1).”
— Alaska Stat. § 33.16.060(a)(1) — 1 case
Donald McDonald v. State of Alaska, Dep't of Corr., Alaska Parole Bd., & Nancy Dahlstrom, 519 P.3d 345 (Alaska 2022). “” AS 33.16.060(a)(1), (3), (4). 2 See AS 33.”
— Alaska Stat. § 33.16.060(a)(2) — 2 cases
Trevor Stefano v. State of Alaska, Dep't of Corr. & Earl Houser, in an Off. capacity, 539 P.3d 497 (Alaska 2023). “020(a); AS 33.16.060(a)(2); AS 33.16.100. 3 AS 33.”
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “115, permits courts to restrict a defendant’s eligibility for discretionary parole, requiring them to serve a term that is greater than the time set out under AS 33.”
— Alaska Stat. § 33.16.060(a)(8) — 1 case
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “115, permits courts to restrict a defendant’s eligibility for discretionary parole, requiring them to serve a term that is greater than the time set out under AS 33.”
— Alaska Stat. § 33.16.060(b)(1) — 2 cases
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “115, permits courts to restrict a defendant’s eligibility for discretionary parole, requiring them to serve a term that is greater than the time set out under AS 33.”
State v. Cofey, 36 P.3d 733 (Alaska Ct. App. 2001). “…P.2d 621, 625 (Alaska 1993); State v. Otness, 986 P.2d 890, 893-94 (Alaska App.1999) (Mannheimer, J., concurring). . AS 33.16.060(b)(1).”
— Alaska Stat. § 33.16.060(b)(3) — 1 case
Smith v. State, Dep't of Corr., 872 P.2d 1218 (Alaska 1994). “Rather, AS 33.16.060(b)(3) provides that “[t]he board shall adopt regulations .”
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