Alaska Statutes
Alaska Stat. § 33.20.040 (2026)
Released prisoner
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 33.20.040. Released prisoner.
(a) Except as provided in (c) of this section, a prisoner released under AS 33.20.030 shall be released on mandatory parole to the custody and jurisdiction of the parole board under AS 33.16, until the expiration of the maximum term to which the prisoner was sentenced, if the term or terms of imprisonment are two years or more. However, a prisoner released on mandatory parole may be discharged under AS 33.16.210 before the expiration of the term. A prisoner who was sentenced to a term or terms of imprisonment of less than two years shall be unconditionally discharged from mandatory parole.
(b) This section does not prevent delivery of a prisoner to the authorities of a state or the United States entitled to the custody of the prisoner.
(c) If a prisoner's sentence includes a residual period of probation, the probationary period shall run concurrently with a period of mandatory parole for that sentence and the prisoner shall be under the concurrent jurisdiction of the court and the parole board. Nothing in this section precludes both the court and the parole board from revoking the prisoner's probation and mandatory parole for the same conduct. A period of imprisonment resulting from the revocation of probation or mandatory parole may be imposed consecutively in the discretion of the court or the parole board.
(a) Except as provided in (c) of this section, a prisoner released under AS 33.20.030 shall be released on mandatory parole to the custody and jurisdiction of the parole board under AS 33.16, until the expiration of the maximum term to which the prisoner was sentenced, if the term or terms of imprisonment are two years or more. However, a prisoner released on mandatory parole may be discharged under AS 33.16.210 before the expiration of the term. A prisoner who was sentenced to a term or terms of imprisonment of less than two years shall be unconditionally discharged from mandatory parole.
(b) This section does not prevent delivery of a prisoner to the authorities of a state or the United States entitled to the custody of the prisoner.
(c) If a prisoner's sentence includes a residual period of probation, the probationary period shall run concurrently with a period of mandatory parole for that sentence and the prisoner shall be under the concurrent jurisdiction of the court and the parole board. Nothing in this section precludes both the court and the parole board from revoking the prisoner's probation and mandatory parole for the same conduct. A period of imprisonment resulting from the revocation of probation or mandatory parole may be imposed consecutively in the discretion of the court or the parole board.
Notes of Decisions
Cited in 36
cases (4 in the last 5 years), 1979–2023 · leading case: Morton v. Hammond, 604 P.2d 1 (Alaska 1979).
Morton v. Hammond, 604 P.2d 1 (Alaska 1979). “Under AS 33.20.040 there remained more than 180 days to be served under Morton's sentence, and, since Morton had served his term less good time deductions, he was "[to] be considered as if released on parole until the expiration of the maximum term or terms for which he was…”
Div. of Corr., Dep't of Health & Soc. Servs. v. Neakok, 721 P.2d 1121 (Alaska 1986). “His release was mandated by AS 33.20.040. [4] Plaintiffs have sued defendants collectively, not segregating theories of liability between them.”
Braham v. Bierne, 675 P.2d 1297 (Alaska Ct. App. 1984). “Bradford Morton was a prisoner who was man-datorily released under AS 33.20.040 because he had accumulated good time.”
State v. Frazier, 719 P.2d 261 (Alaska 1986). “Frazier was incarcerated pending a formal parole revocation hearing and thereafter filed a petition for a writ of habeas corpus asserting that he was wrongfully imprisoned. The superior court held that since there remained less than 180 days to serve on his two-year sentence,…”
Lipscomb v. State, 869 P.2d 166 (Alaska Ct. App. 1994). “The state contends that, considering the legislative history of the statute, it is clear that the legislature intended AS 33.20.040 to apply to all prisoners released on or after September 13,1987.”
Jackson v. State, 926 P.2d 1180 (Alaska Ct. App. 1996). “The version of AS 33.20.040 that was in effect until 1987 embodied the opposite rule: a defendant’s probation did not begin to run until the completion of mandatory parole supervision.”
Callan v. State, 904 P.2d 856 (Alaska Ct. App. 1995). “030 & AS 33.20.040. Federal decisions interpreting the federal statutes support the state's method of calculating good time, which is based on calculating good time for the composite sentence for all of the prisoner's convictions.”
Jackson v. State, 31 P.3d 105 (Alaska Ct. App. 2001). “AS 33.20.040(a) provides in relevant part: Released prisoner.”
Forster v. State, 236 P.3d 1157 (Alaska Ct. App. 2010). “AS 33.20.040(a); State v. Staael, 807 P.2d 513 (Alaska App.”
Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005). “See AS 33.20.040(a). 41 . 57 P.3d 711, 717 (Alaska App.”
Jason D. Ray v. State of Alaska, 513 P.3d 1026 (Alaska 2022). “Despite the differences between mandatory parole and probation, it is plausible to think that the legislature made a similar choice here: to preclude defendants from rejecting probation provided for in their Rule 11 agreements even though some defendants might functionally…”
Hill v. State, 22 P.3d 24 (Alaska Ct. App. 2001). “Hill argues that the rule established in AS 33.20.040(a) contradicts what is said in AS 33.”
— Alaska Stat. § 33.20.040(a) — 27 cases
Morton v. Hammond, 604 P.2d 1 (Alaska 1979). “Under AS 33.20.040 there remained more than 180 days to be served under Morton's sentence, and, since Morton had served his term less good time deductions, he was "[to] be considered as if released on parole until the expiration of the maximum term or terms for which he was…”
Braham v. Bierne, 675 P.2d 1297 (Alaska Ct. App. 1984). “Bradford Morton was a prisoner who was man-datorily released under AS 33.20.040 because he had accumulated good time.”
State v. Frazier, 719 P.2d 261 (Alaska 1986). “Frazier was incarcerated pending a formal parole revocation hearing and thereafter filed a petition for a writ of habeas corpus asserting that he was wrongfully imprisoned. The superior court held that since there remained less than 180 days to serve on his two-year sentence,…”
Jackson v. State, 31 P.3d 105 (Alaska Ct. App. 2001). “AS 33.20.040(a) provides in relevant part: Released prisoner.”
Div. of Corr., Dep't of Health & Soc. Servs. v. Neakok, 721 P.2d 1121 (Alaska 1986). “His release was mandated by AS 33.20.040. [4] Plaintiffs have sued defendants collectively, not segregating theories of liability between them.”
— Alaska Stat. § 33.20.040(c) — 8 cases
Lipscomb v. State, 869 P.2d 166 (Alaska Ct. App. 1994). “The state contends that, considering the legislative history of the statute, it is clear that the legislature intended AS 33.20.040 to apply to all prisoners released on or after September 13,1987.”
Jackson v. State, 926 P.2d 1180 (Alaska Ct. App. 1996). “The version of AS 33.20.040 that was in effect until 1987 embodied the opposite rule: a defendant’s probation did not begin to run until the completion of mandatory parole supervision.”
Edwards v. State, 34 P.3d 962 (Alaska Ct. App. 2001).
State, Dept. of Corr. v. Lundy, 188 P.3d 692 (Alaska Ct. App. 2008).
State v. Howard, 357 P.3d 1207 (Alaska Ct. App. 2015).
— Alaska Stat. § 33.20.040(e) — 1 case
Lipscomb v. State, 869 P.2d 166 (Alaska Ct. App. 1994). “The state contends that, considering the legislative history of the statute, it is clear that the legislature intended AS 33.20.040 to apply to all prisoners released on or after September 13,1987.”
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.