46.2304 Sentence includes prison and parole term.

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(a) A sentence of imprisonment for a term of years consists of a prison term and a parole term. A minimum prison term of 1/3 of the sentence of imprisonment or 15 years in cases of life sentences for crimes other than murder in the first degree, must be served by a prisoner before the prisoner is eligible to apply for parole. The parole term of a prisoner may not exceed the unexpired sentence of imprisonment of the prisoner. The minimum parole term of any sentence imposed under 46.2301 is:

(1) one-third for terms of 9 years or less;

(2) 3 years for terms between 9 and 15 years; or

(3) 5 years for terms more than 15 years, but not including life imprisonment. The maximum prison term is the remainder of the sentence.

(b) “Parole” means the discharge of a prisoner by the corrections division subject to condi-tions of release that the territorial parole board considers reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the territorial parole board. The conditions of release include: avoidance by the offender of any other crime whether federal, state or territorial: shall prohibit technical violation of his parole: and, may require the offender to make restitution or reparation to aggrieved parties for damages or loss caused by the offense for which conviction was had but should not exceed an amount the defendant will be able to pay within the parole term.

History: 1979, PL 16-43 § 2; amd 1981, PL 17-16 § 3.

Case Notes:

Where prisoner had not served one-third of his sentence of imprisonment, parole board had no jurisdiction to entertain his application for parole, and parole board order was of no legal effect. A.S.C.A. §§ 46.2304, 46.2702. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Parole and conditional probation statutes provide two alternative modes of sentencing, with the mandatory period of detention limited to one-third of the sentence in both cases but conditional probation statute allowing the court to exercise greater control over the conditions of detention. A.S.C.A. §§ 46.2206, 46.2304, 46.2701 et seq. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Prisoner who was sentenced to detention as a condition of probation, under statute limiting such conditional detention to one-third of the maximum prescribed term of imprisonment for the crime of which he was convicted, was not arbitrarily denied access to parole where under parole statute he would have been required to serve one-third of his sentence before becoming eligible for parole. A.S.C.A. §§ 46.2206, 46.2304(a)(1). Atuatasi v. American Samoa Government, 9 A.S.R.2d 67 (1988).

Research Guide: MCC 558.011. 28 ASC 1, 28 ASC 4, 28 ASC 404, 28 ASC 405.