Edward Chinuhuk, Herman Malutin, and Christopher Wasili v. State of Alaska, Edward Chinuhuk, Herman Malutin, and…

Summary

The Alaska Supreme Court affirmed the Court of Appeals, holding that the trial courts lacked discretion to reduce the mandatory probation periods imposed on sex offenders under former AS 12.55.125(o) and that the statute’s repeal was not retroactive, so the petitioners remained subject to the original probation requirements. The decision rests on a textual reading of the statute, legislative history, and Alaska’s saving statute, and it rejects the petitioners’ arguments for discharge from probation.