As of 1975, Alaska’s criminal laws were based primarily on Oregon criminal statutes as they existed at the close of the nineteenth century, with new statutes added and old statutes amended over the succeeding 75 years by Alaska territorial and state legislatures in a piecemeal approach to revision. This resulted in a criminal code containing outdated statutes, obsolete terminology, a number of overly specific statutes, a haphazard approach to mens rea (the culpable mental state with which a defendant must perform an act in order to be convicted of a crime) and the lack of a coherent, rational sentencing structure.
The Alaska Criminal Code Revision Commission was established in 1975 with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. (The Commission was reestablished in June 1976 as a Subcommission of the newly formed Code Commission.) Staff services for the Criminal Code Revision Commission and Criminal Code Revision Subcommission were provided by the Criminal Justice Center at University of Alaska, Anchorage (John Havelock, project executive director; Barry Jeffrey Stern, reporter/staff counsel; Sheila Gallagher, Reporter/Staff Counsel; and Peter Smith Ring, research director). The tentative draft proposed by the Criminal Code Revision Subcommission was substantially amended by the Alaska State Legislature prior to its approval as the Revised Alaska Criminal Code in June 1978 (effective January 1, 1980).The Alaska Criminal Code Revision Commission was established in 1975, and reestablished in June 1976 as a Subcommission of the newly formed Code Commission, with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. Tentative Draft, Part 6, contains an overview of sentencing in existing Alaska law as of 1978 and the provisions on sentencing and related procedures of the draft Revised Criminal Code, including classification of offenses, probation, fines, restitution, community service, imprisonment, and appeals. Commentary following each article is designed to aid the reader in analyzing the effect of the draft Revised Code on existing law and also provides a section-by-section analysis of each provision of the draft Revised Code. Appendices include definitions, proposed revisions to Title 33 of the Alaska Statutes (parole), a chart of classification of offenses, and an index to the six volumes of the Tentative Draft.Alaska Criminal Code Revision SubcommissionIntroduction to Tentative Draft, Part 6 //
TENTATIVE DRAFTS AND COMMENTARY /
I. Overview of Sentencing in Existing Law /
II. Article 1. Purposes and General Provisions /
III. Article 2. Classification of Offenses /
IV. Article 3. Suspended Imposition of Sentence /
V. Article 4. Probation and Unconditional Discharge /
VI. Article 5. Fines /
VII. Article 6. Restitution /
VIII. Article 7. Community Work Service /
IX. Article 8. Imprisonment /
X. Article 9. Suspension and Restoration of Civil Rights; Certain Occupational Disabilities Prohibited /
XI. Article 10. Appeal of Sentence /
XII. Article 11. Definitions //
APPENDICES /
I. Definitions /
II. Revisions to Title 33 [Parole] /
III. Classification of Offenses Chart /
IV. Index to Tentative Draft, Parts l–
