Alaska Statutes
Alaska Stat. § 33.30.101 (2026)
Furloughs
✓ current as of July 2026
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Sec. 33.30.101. Furloughs.
(a) The commissioner shall adopt regulations governing the granting of prerelease and short-duration furloughs to prisoners
(1) to obtain counseling and treatment for alcohol or drug abuse;
(2) to secure or attend vocational training;
(3) to obtain medical or psychiatric treatment;
(4) to secure or engage in employment;
(5) to attend educational institutions;
(6) to secure a residence or make other preparations for release;
(7) to appear before a group whose purpose is a better understanding of crime or corrections; or
(8) for any other rehabilitative purpose the commissioner determines to be in the interests of the prisoner and the public.
(b) If the commissioner determines with reasonable probability that a prisoner can live under reduced supervision without violating the law or the conditions established for the conduct of the prisoner, the commissioner may grant a furlough after considering
(1) the factors in AS 33.30.091;
(2) violations, if any, by the prisoner of a condition of a prior furlough;
(3) the history, if any, of institutional misconduct by the prisoner; and
(4) the best interests of the prisoner and the public.
(c) The regulations adopted under (a) of this section may not provide for the granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term of imprisonment under AS 12.55.125(a) or a definite term of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct custody of a correctional officer while the prisoner is away from the correctional facility.
(d) The commissioner may release on furlough a prisoner convicted of a crime involving domestic violence only under conditions that would protect the victim of domestic violence or other household member.
(a) The commissioner shall adopt regulations governing the granting of prerelease and short-duration furloughs to prisoners
(1) to obtain counseling and treatment for alcohol or drug abuse;
(2) to secure or attend vocational training;
(3) to obtain medical or psychiatric treatment;
(4) to secure or engage in employment;
(5) to attend educational institutions;
(6) to secure a residence or make other preparations for release;
(7) to appear before a group whose purpose is a better understanding of crime or corrections; or
(8) for any other rehabilitative purpose the commissioner determines to be in the interests of the prisoner and the public.
(b) If the commissioner determines with reasonable probability that a prisoner can live under reduced supervision without violating the law or the conditions established for the conduct of the prisoner, the commissioner may grant a furlough after considering
(1) the factors in AS 33.30.091;
(2) violations, if any, by the prisoner of a condition of a prior furlough;
(3) the history, if any, of institutional misconduct by the prisoner; and
(4) the best interests of the prisoner and the public.
(c) The regulations adopted under (a) of this section may not provide for the granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term of imprisonment under AS 12.55.125(a) or a definite term of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct custody of a correctional officer while the prisoner is away from the correctional facility.
(d) The commissioner may release on furlough a prisoner convicted of a crime involving domestic violence only under conditions that would protect the victim of domestic violence or other household member.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 1991–2023 · leading case: Hertz v. Macomber, 297 P.3d 150 (Alaska 2013).
Hertz v. Macomber, 297 P.3d 150 (Alaska 2013). “The superior court relied on AS 33.30.101, the statute governing furloughs, as well as the court of appeals' decision in State v.”
Matthew v. State, 152 P.3d 469 (Alaska Ct. App. 2007). “For example, AS 33.30.101 and 30.121 as implemented by 22 AAC 05.”
State of Alaska, Dep't of Corr. v. Trevor Stefano, 516 P.3d 486 (Alaska 2022). “” 56 AS 33.30.101(a). 57 AS 33.30.065(b)(2). -18- 7616 electronic monitoring.”
Monroe v. State, 847 P.2d 84 (Alaska Ct. App. 1993). “(d) Notwithstanding any contrary provision of law, a defendant receiving treatment under (b) of this section may not be released (1) on furlough under AS 33.30.101— 33.30.131, except for treatment in a secure setting; or (2) on parole.”
Trevor Stefano v. State of Alaska, Dep't of Corr. & Earl Houser, in an Off. capacity, 539 P.3d 497 (Alaska 2023). “111(d) (setting a mandatory requirement for discretionary furlough eligibility); AS 33.30.101 (directing the Department of Corrections Commissioner to create regulations for discretionary furlough program).”
LeFever v. State, 877 P.2d 1298 (Alaska Ct. App. 1994). “181; or (2) while on furlough under AS 33.30.101— 33.30.131 the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision.”
State v. Felix, 50 P.3d 807 (Alaska Ct. App. 2002). “316, which authorizes "prerelease or short-duration furlough[s] for [any] purpose listed in AS 33.30.101(a)".) We encounter a more difficult time defining "periodic imprisonment" because the legislature has not enacted a definition of this term.”
Daniel C. Lewis v. State of Alaska, Dep't of Corr. (Alaska 2021). “1 See AS 33.30.101 (regarding the authority to grant and regulate prisoner furloughs).”
Aiken v. State, 821 P.2d 1371 (Alaska Ct. App. 1991). “181; or (2) while on furlough under AS 33.30.101— AS 33.30.131 the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision.”
— Alaska Stat. § 33.30.101(a) — 3 cases
Hertz v. Macomber, 297 P.3d 150 (Alaska 2013). “The superior court relied on AS 33.30.101, the statute governing furloughs, as well as the court of appeals' decision in State v.”
State of Alaska, Dep't of Corr. v. Trevor Stefano, 516 P.3d 486 (Alaska 2022). “” 56 AS 33.30.101(a). 57 AS 33.30.065(b)(2). -18- 7616 electronic monitoring.”
State v. Felix, 50 P.3d 807 (Alaska Ct. App. 2002). “316, which authorizes "prerelease or short-duration furlough[s] for [any] purpose listed in AS 33.30.101(a)".) We encounter a more difficult time defining "periodic imprisonment" because the legislature has not enacted a definition of this term.”
— Alaska Stat. § 33.30.101(b) — 1 case
Hertz v. Macomber, 297 P.3d 150 (Alaska 2013). “The superior court relied on AS 33.30.101, the statute governing furloughs, as well as the court of appeals' decision in State v.”
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