panel. The sentencing panel shall provide a written statement

Criminal Procedure

Rule: 32.6

Jurisdiction: AK

Bluebook Citation: Alaska R. Crim. P. 32.6

of its findings and conclusions in support of any order remanding a case to the referring judge. (f) Hearing. If the sentencing panel elects to take testimony or sentence the defendant under AS 12.55.175(b) or (c), both the prosecution and the defendant shall have the right to be present in court during the proceedings. The defendant shall have the right to address the sentencing panel personally before sentence is imposed. The proceedings shall be held in a location best suited to the convenience of the parties and the court as determined by the sentencing panel. (g) Further Sentencing Proceedings. If the sentencing panel imposes sentence on the defendant, proceedings relating to sentence modification under Criminal Rule 35(a) shall be assigned to the sentencing panel sitting at the time such action is ready for decision. All other post-sentencing proceedings shall be assigned to the judge who referred the matter to the sentencing panel for consideration. The referring judge may impose any sentence which the sentencing panel would be empowered to impose, except that the referring judge may not reduce a sentence imposed by the sentencing panel. (h) Right to Bail. The right to bail of a convicted defendant is neither conferred nor enlarged by this rule. separate judgment for restitution or shall include the order of restitution as a separate section of the criminal judgment. For the purpose of these rules, either of these constitutes a “judgment for restitution.” (b) Content. The judgment for restitution must: (1) Identify each victim or other person entitled to restitution and the amount of restitution owed to each. (2) State the date restitution is due or, if the court schedules installment payments, the amount and due date of each payment. If no due date is stated, the restitution amount is due immediately. (3) State whether payment will be made through the clerk of court or otherwise. The restitution payment will be made through the clerk of court unless (A) the court orders restitution to be made in a form other than payment of a specific dollar amount or (B) the court orders payment to be made directly to the victim or through another entity. (4) Identify by name and case number any defendants who are jointly and severally liable for the restitution owed to each victim or other person. (5) State whether post-judgment interest is owed on the (Added by SCO 1136 effective July 15, 1993) judgment and, if so, when it begins to accrue.

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