Alaska Statutes
Alaska Stat. § 33.16.240 (2026)
Arrest of parole violator
✓ current as of July 2026
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Sec. 33.16.240. Arrest of parole violator.
(a) A parolee may be arrested, with or without a warrant, for a violation of parole.
(b) A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred.
(c) In addition to the powers granted to a police officer under (g) of this section, a parole officer may, without a warrant, arrest a parolee for a violation of parole only if there is danger to the public, if there is a likelihood that the parolee will flee, or if the parolee committed a crime in the presence of the parole officer.
(d) If a parolee is arrested without a warrant, the parole officer shall notify the board no later than the working day immediately following the arrest. The parole officer shall, within five working days after the arrest, provide the board with a written report setting out the alleged violation and circumstances that required immediate arrest of the parolee.
(e) A parolee arrested for violation of parole is not entitled to bail.
(f) Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole does not alter the time the parolee was sentenced to serve.
(g) At any time within the period of parole supervision, a police officer certified by the Alaska Police Standards Council may detain a parolee if the officer has reasonable suspicion that the person has recently violated or may imminently violate a parole condition relating to one of the topics set out in AS 33.05.070(d). The officer may also arrest the parolee without a warrant if the officer has probable cause to believe that the person has violated a parole condition relating to one of the topics set out in AS 33.05.070(d).
(h) [Repealed, § 138 ch 4 FSSLA 2019.]
(i) The board or its designee may impose additional conditions necessary to ensure the parolee's appearance at a hearing held under AS 33.16.220(h).
(a) A parolee may be arrested, with or without a warrant, for a violation of parole.
(b) A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred.
(c) In addition to the powers granted to a police officer under (g) of this section, a parole officer may, without a warrant, arrest a parolee for a violation of parole only if there is danger to the public, if there is a likelihood that the parolee will flee, or if the parolee committed a crime in the presence of the parole officer.
(d) If a parolee is arrested without a warrant, the parole officer shall notify the board no later than the working day immediately following the arrest. The parole officer shall, within five working days after the arrest, provide the board with a written report setting out the alleged violation and circumstances that required immediate arrest of the parolee.
(e) A parolee arrested for violation of parole is not entitled to bail.
(f) Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole does not alter the time the parolee was sentenced to serve.
(g) At any time within the period of parole supervision, a police officer certified by the Alaska Police Standards Council may detain a parolee if the officer has reasonable suspicion that the person has recently violated or may imminently violate a parole condition relating to one of the topics set out in AS 33.05.070(d). The officer may also arrest the parolee without a warrant if the officer has probable cause to believe that the person has violated a parole condition relating to one of the topics set out in AS 33.05.070(d).
(h) [Repealed, § 138 ch 4 FSSLA 2019.]
(i) The board or its designee may impose additional conditions necessary to ensure the parolee's appearance at a hearing held under AS 33.16.220(h).
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1990–2023 · leading case: Jacob Roller v. State of Alaska, 539 P.3d 518 (Alaska Ct. App. 2023).
Jacob Roller v. State of Alaska, 539 P.3d 518 (Alaska Ct. App. 2023). “26 This provision was moved to AS 33.16.240(f) when Title 33 was revised in 1985 and provides: “Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole…”
Diaz v. State, Dep't of Corr., 239 P.3d 723 (Alaska 2010). “" AS 33.16.240(8). In Young v. Harper, the United States Supreme Court held convicts in Oklahoma's pre-parole program had the same liberty interest as those in its parole program because the two programs were distinct in name only.”
State v. Stores, 816 P.2d 206 (Alaska Ct. App. 1991). “AS 33.16.240(b). A peace officer will then execute the warrant, arrest the parolee, and confine the parolee to a correction facility pending a revocation hearing.”
Knowlton v. State, 795 P.2d 1287 (Alaska Ct. App. 1990). “150(a) (a condition of mandatory parole is that a prisoner refrain from conduct punishable by imprisonment under state or federal law or municipal ordinance); AS 33.16.240 (a parolee may be arrested with or without a warrant for a violation of parole); Kelly, 335 N.”
Dulier v. State, 789 P.2d 372 (Alaska Ct. App. 1990). “-040(a) and AS 33.16.240(f) to be consistent with one another, particularly in light of the principle that conflicting provisions of parole statutes should be reconciled wherever possible.”
State v. Shetters, 246 P.3d 338 (Alaska Ct. App. 2010). “If the Parole Board orders a parolee to reside at a facility pending the Board's final decision on the petition to revoke parole, the parolee either will or will not be entitled to credit against their sentence for the time served at that facility, depending on whether the…”
State v. Olson, 262 P.3d 828 (Wash. Ct. App. 2011). “Code § 12-25-38 (b); Alaska Stat. § 33.16.240 (b); Ariz. Rev. Stat.”
Walters v. State, 798 P.2d 357 (Alaska Ct. App. 1990). “Another statute, AS 33.16.240(f), specifically provides that a prisoner must receive credit for “time spent in custody pending revocation proceedings.”
Webb v. Alaska Dep't of Corr., 963 P.2d 1074 (Alaska Ct. App. 1998). “AS 33.16.240(a) authorizes the ■warrantless arrest of a parolee for violation of parole.”
State v. Shetters, 246 P.3d 338 (Alaska Ct. App. 2010). “If the Parole Board orders a parolee to reside at a facility pending the Board's final decision on the petition to revoke parole, the parolee either will or will not be entitled to credit against their sentence for the time served at that facility, depending on whether the…”
— Alaska Stat. § 33.16.240(8) — 1 case
Diaz v. State, Dep't of Corr., 239 P.3d 723 (Alaska 2010). “" AS 33.16.240(8). In Young v. Harper, the United States Supreme Court held convicts in Oklahoma's pre-parole program had the same liberty interest as those in its parole program because the two programs were distinct in name only.”
— Alaska Stat. § 33.16.240(a) — 1 case
Webb v. Alaska Dep't of Corr., 963 P.2d 1074 (Alaska Ct. App. 1998). “AS 33.16.240(a) authorizes the ■warrantless arrest of a parolee for violation of parole.”
— Alaska Stat. § 33.16.240(b) — 1 case
State v. Stores, 816 P.2d 206 (Alaska Ct. App. 1991). “AS 33.16.240(b). A peace officer will then execute the warrant, arrest the parolee, and confine the parolee to a correction facility pending a revocation hearing.”
— Alaska Stat. § 33.16.240(f) — 6 cases
Jacob Roller v. State of Alaska, 539 P.3d 518 (Alaska Ct. App. 2023). “26 This provision was moved to AS 33.16.240(f) when Title 33 was revised in 1985 and provides: “Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole…”
Dulier v. State, 789 P.2d 372 (Alaska Ct. App. 1990). “-040(a) and AS 33.16.240(f) to be consistent with one another, particularly in light of the principle that conflicting provisions of parole statutes should be reconciled wherever possible.”
State v. Shetters, 246 P.3d 338 (Alaska Ct. App. 2010). “If the Parole Board orders a parolee to reside at a facility pending the Board's final decision on the petition to revoke parole, the parolee either will or will not be entitled to credit against their sentence for the time served at that facility, depending on whether the…”
State v. Stores, 816 P.2d 206 (Alaska Ct. App. 1991). “AS 33.16.240(b). A peace officer will then execute the warrant, arrest the parolee, and confine the parolee to a correction facility pending a revocation hearing.”
Walters v. State, 798 P.2d 357 (Alaska Ct. App. 1990). “Another statute, AS 33.16.240(f), specifically provides that a prisoner must receive credit for “time spent in custody pending revocation proceedings.”
— Alaska Stat. § 33.16.240(g) — 1 case
Jacob Roller v. State of Alaska, 539 P.3d 518 (Alaska Ct. App. 2023). “26 This provision was moved to AS 33.16.240(f) when Title 33 was revised in 1985 and provides: “Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole…”
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