Alaska Statutes
Alaska Stat. § 33.16.130 (2026)
Parole procedures
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 33.16.130. Parole procedures.
(a) A prisoner eligible for discretionary parole may apply to the board for discretionary parole. As part of the application for parole, the prisoner shall submit to the board a parole release plan that includes information concerning the prisoner's plan for employment, residence, and rehabilitation if released on parole.
(b) Before the board determines a prisoner's suitability for discretionary parole, the prisoner is entitled to a hearing before the board. The commissioner or the commissioner's designee shall furnish to the prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all records that the board will consider in making its decision except those that are made confidential by law. The prisoner may also respond in writing to all materials the board considers, be present at the hearing, and present evidence to the board.
(c) If the board denies parole, the board shall state the reasons for the denial, identify all of the factors considered relevant to the denial, and provide a written plan for addressing all of the factors relevant to the denial. The board may schedule a subsequent parole hearing at the time of the denial or at a later date.
(d) The board shall issue its decision in writing and provide a copy of the decision to the prisoner.
(a) A prisoner eligible for discretionary parole may apply to the board for discretionary parole. As part of the application for parole, the prisoner shall submit to the board a parole release plan that includes information concerning the prisoner's plan for employment, residence, and rehabilitation if released on parole.
(b) Before the board determines a prisoner's suitability for discretionary parole, the prisoner is entitled to a hearing before the board. The commissioner or the commissioner's designee shall furnish to the prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all records that the board will consider in making its decision except those that are made confidential by law. The prisoner may also respond in writing to all materials the board considers, be present at the hearing, and present evidence to the board.
(c) If the board denies parole, the board shall state the reasons for the denial, identify all of the factors considered relevant to the denial, and provide a written plan for addressing all of the factors relevant to the denial. The board may schedule a subsequent parole hearing at the time of the denial or at a later date.
(d) The board shall issue its decision in writing and provide a copy of the decision to the prisoner.
Notes of Decisions
Cited in 6
cases (4 in the last 5 years), 1994–2025 · leading case: Frank v. State, 97 P.3d 86 (Alaska Ct. App. 2004).
Frank v. State, 97 P.3d 86 (Alaska Ct. App. 2004). “AS 33.16.130(c) declares that when the Alaska Parole Board denies a prisoner’s application for discretionary parole, the Board “shall issue its decision in writing and [shall] provide the basis for [its] denial of discretionary parole”.”
Smith v. State, Dep't of Corr., 872 P.2d 1218 (Alaska 1994). “Are mandatory parolees denied equal protection of the laws because they are not permitted to appear before the parole board prior to their release while discretionary parolees are granted the right of an in-person appearance? Under AS 33.16.130(b), an inmate is entitled to an…”
Trevor Stefano v. State of Alaska, Dep't of Corr. & Earl Houser, in an Off. capacity, 539 P.3d 497 (Alaska 2023). “5 AS 33.16.130. 6 AS 33.16.100(b) (giving prisoners right to formal hearing before Parole Board may “rescind or revise [a] previously granted parole release date”).”
Donald McDonald v. State of Alaska, Dep't of Corr., Alaska Parole Bd., & Nancy Dahlstrom, 519 P.3d 345 (Alaska 2022). “2 See AS 33.16.130 (setting out procedures for eligible prisoner to apply for discretionary parole); AS 33.”
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “” 19 Under AS 33.16.130(b), a defendant applying for discretionary parole has the following procedural rights: [T]he prisoner is entitled to a hearing before the [B]oard.”
Larry Mikell v. State of Alaska (Alaska Ct. App. 2025). “9 AS 33.16.130. –5– 2803 (4) release of the prisoner on parole would not diminish the seriousness of the crime.”
Alaska Stat. § 33.16.130(b): 2 cases
Smith v. State, Dep't of Corr., 872 P.2d 1218 (Alaska 1994). “Are mandatory parolees denied equal protection of the laws because they are not permitted to appear before the parole board prior to their release while discretionary parolees are granted the right of an in-person appearance? Under AS 33.16.130(b), an inmate is entitled to an…”
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “” 19 Under AS 33.16.130(b), a defendant applying for discretionary parole has the following procedural rights: [T]he prisoner is entitled to a hearing before the [B]oard.”
Alaska Stat. § 33.16.130(c): 3 cases
Frank v. State, 97 P.3d 86 (Alaska Ct. App. 2004). “AS 33.16.130(c) declares that when the Alaska Parole Board denies a prisoner’s application for discretionary parole, the Board “shall issue its decision in writing and [shall] provide the basis for [its] denial of discretionary parole”.”
James S. Stoneking v. State of Alaska, 567 P.3d 725 (Alaska Ct. App. 2025). “” 19 Under AS 33.16.130(b), a defendant applying for discretionary parole has the following procedural rights: [T]he prisoner is entitled to a hearing before the [B]oard.”
Larry Mikell v. State of Alaska (Alaska Ct. App. 2025). “9 AS 33.16.130. –5– 2803 (4) release of the prisoner on parole would not diminish the seriousness of the crime.”
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.