Alaska Statutes
Alaska Stat. § 33.30.061 (2026)
Commissioner to designate facility
✓ current as of July 2026
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Sec. 33.30.061. Commissioner to designate facility.
(a) The commissioner shall designate the correctional facility to which a prisoner is to be committed to serve a term of imprisonment or period of temporary commitment. The commissioner may designate a facility without regard to whether it is maintained by the state, is located within the judicial district in which the prisoner was convicted, or is located in the state.
(b) The commissioner may designate an out-of-state facility under this section only if the commissioner determines that rehabilitation or treatment of the prisoner will not be substantially impaired.
(c) The commissioner may, under AS 33.30.065, designate a prisoner to serve the prisoner's term of imprisonment or period of temporary commitment, or a part of the term or period, by electronic monitoring. A prisoner serving a term of imprisonment, or a period of temporary commitment, for a crime involving domestic violence is not eligible for electronic monitoring.
(d) A prisoner serving a term of imprisonment at a private residence as required by statute when electronic monitoring is not available does not have a liberty interest in that status. The commissioner may return the prisoner to a correctional facility if the commissioner finds that the prisoner has violated the terms and conditions of the imprisonment at the private residence.
(a) The commissioner shall designate the correctional facility to which a prisoner is to be committed to serve a term of imprisonment or period of temporary commitment. The commissioner may designate a facility without regard to whether it is maintained by the state, is located within the judicial district in which the prisoner was convicted, or is located in the state.
(b) The commissioner may designate an out-of-state facility under this section only if the commissioner determines that rehabilitation or treatment of the prisoner will not be substantially impaired.
(c) The commissioner may, under AS 33.30.065, designate a prisoner to serve the prisoner's term of imprisonment or period of temporary commitment, or a part of the term or period, by electronic monitoring. A prisoner serving a term of imprisonment, or a period of temporary commitment, for a crime involving domestic violence is not eligible for electronic monitoring.
(d) A prisoner serving a term of imprisonment at a private residence as required by statute when electronic monitoring is not available does not have a liberty interest in that status. The commissioner may return the prisoner to a correctional facility if the commissioner finds that the prisoner has violated the terms and conditions of the imprisonment at the private residence.
Notes of Decisions
Cited in 9
cases, 1997–2013 · leading case: Brandon v. State, Department of Corrections
Brandon v. State, Dep't of Corr., 938 P.2d 1029 (Alaska 1997). “" AS 33.30.061(a). In Rust, 582 P.2d at 137-38 , this language was interpreted to hold that all prisoner transfers are ultimately within the discretion of DOC.”
Richard B. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 71 P.3d 811 (Alaska 2003). “081(f) 3 and AS 33.30.061(a) 4 and stating that “[t]he court has historically held termination trials with some of the parties telephonically and they have been completed successfully.”
Clark v. State, Dep't of Corr., 156 P.3d 384 (Alaska 2007). “AS 33.30.061(a) allows the commissioner to place a prisoner in an out-of-state correctional facility.”
State v. Bourdon, 193 P.3d 1209 (Alaska Ct. App. 2008). “*1213 Indeed, under AS 33.30.061, when the commissioner exercises the authority (and fulfills the duty) to designate a facility for each prisoner committed to the department's care, the commissioner can make this designation "without regard to whether [the facility] is…”
State v. Combs, 64 P.3d 135 (Alaska Ct. App. 2003). “Relying on AS 33.30.061(a) 1 and Rust v. State 2 , *137 the Central Office argued that the superior court had no authority to restrict the discretion of the Department of Corrections concerning where (and with whom) Combs would be imprisoned.”
Ackerman v. State, 179 P.3d 951 (Alaska Ct. App. 2008). “116, enacted two companion statutes: AS 33.30.061(c) and AS 33.30.065. These statutes authorize the Commissioner of Corrections to release prisoners from correctional facilities to serve their sentence at their residence (or at some other specified living place) under electronic…”
George v. State, 307 P.3d 4 (Alaska Ct. App. 2013). “AS 33.30.061(a); Bourdon, 193 P.3d at 1213 (Mannheimer, J.”
Ivie v. State, 179 P.3d 947 (Alaska Ct. App. 2008). “AS 33.30.061(a). See State v. Combs, 64 P.”
Degrate v. State, 117 P.3d 769 (Alaska Ct. App. 2005). “1 The second statute that Degrate relies on, AS 33.30.061, reiterates this same rule. Subsection (a) of this statute restates the principle that it is “[t]he commissioner [of corrections who] shall designate the correctional facility to which a prisoner is to be committed to…”
— Alaska Stat. § 33.30.061(a) — 7 cases
Richard B. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 71 P.3d 811 (Alaska 2003). “081(f) 3 and AS 33.30.061(a) 4 and stating that “[t]he court has historically held termination trials with some of the parties telephonically and they have been completed successfully.”
Brandon v. State, Dep't of Corr., 938 P.2d 1029 (Alaska 1997). “" AS 33.30.061(a). In Rust, 582 P.2d at 137-38 , this language was interpreted to hold that all prisoner transfers are ultimately within the discretion of DOC.”
Clark v. State, Dep't of Corr., 156 P.3d 384 (Alaska 2007). “AS 33.30.061(a) allows the commissioner to place a prisoner in an out-of-state correctional facility.”
State v. Combs, 64 P.3d 135 (Alaska Ct. App. 2003). “Relying on AS 33.30.061(a) 1 and Rust v. State 2 , *137 the Central Office argued that the superior court had no authority to restrict the discretion of the Department of Corrections concerning where (and with whom) Combs would be imprisoned.”
State v. Bourdon, 193 P.3d 1209 (Alaska Ct. App. 2008). “*1213 Indeed, under AS 33.30.061, when the commissioner exercises the authority (and fulfills the duty) to designate a facility for each prisoner committed to the department's care, the commissioner can make this designation "without regard to whether [the facility] is…”
— Alaska Stat. § 33.30.061(b) — 2 cases
Brandon v. State, Dep't of Corr., 938 P.2d 1029 (Alaska 1997). “" AS 33.30.061(a). In Rust, 582 P.2d at 137-38 , this language was interpreted to hold that all prisoner transfers are ultimately within the discretion of DOC.”
Clark v. State, Dep't of Corr., 156 P.3d 384 (Alaska 2007). “AS 33.30.061(a) allows the commissioner to place a prisoner in an out-of-state correctional facility.”
— Alaska Stat. § 33.30.061(c) — 1 case
Ackerman v. State, 179 P.3d 951 (Alaska Ct. App. 2008). “116, enacted two companion statutes: AS 33.30.061(c) and AS 33.30.065. These statutes authorize the Commissioner of Corrections to release prisoners from correctional facilities to serve their sentence at their residence (or at some other specified living place) under electronic…”
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