WINFREE, Justice.
Jimmy Jack Korkow was convicted of first-degree murder for beating and stabbing his wife to death while the couple's young children were present in the family home. The trial court sentenced Korkow to 99 years in prison with no possibility for discretionary parole until he served 50 years. The court of appeals reversed the 50-year parole restriction as clearly mistaken, and we granted the State of Alaska's petition for hearing on that issue. Because the trial court correctly applied the statutory restriction on parole after making sufficient findings supported by the record, we reverse the court of appeals and hold that the restriction was not excessive.
In March 2005 Jimmy Jack Korkow killed his wife in their apartment, beating her and inflicting at least 62 stab wounds. The Korkows' three youngest daughters were in the apartment at the time; at least one of them was aware of the attack and moved from her bed into a closet. Korkow was convicted of first-degree murder after a jury trial. The trial court imposed the maximum sentence of 99 years with no suspended time and restricted Korkow's eligibility for discretionary parole beyond the 33-year statutory minimum until he served at least 50 years of his sentence. The trial court imposed its parole limitation in light of the severity of Korkow's actions, his lack of remorse, and the need to protect his children and the general public.
The court of appeals reversed the trial court's parole limitation as clearly mistaken, basing its decision on a presumption that when a lengthy sentence is imposed discretionary parole questions are better left to the Parole Board because it can evaluate the parole applicant's "tested response to Department of Corrections rehabilitative measures."
We granted the State's petition for hearing to consider: (1) the efficacy of the court of appeals' "presumption"; and (2) what factors should be considered when restricting parole eligibility.
Sentencing decisions are reviewed under the clearly mistaken standard, giving deference to the sentencing court.
The interpretation of a statute is a question of law to which we apply our independent judgment, adopting "the rule of law that is most persuasive in view of precedent, reason, and policy."
Alaska's statutory sentencing framework aims to ensure "the elimination of unjustified disparity and the attainment of reasonable uniformity in sentences."
A prisoner is eligible for discretionary-parole consideration after serving (1) "one-third of the active term of imprisonment imposed,"
At Korkow's sentencing hearing following his first-degree murder conviction, the superior court made a worst offender finding. The court also found four aggravating factors: (1) a history of prior assaultive conduct;
Considering relevant Chaney factors — including protection of Korkow's children, reinforcement of societal norms, community condemnation, and isolation of the criminal — the court imposed the maximum sentence of 99 years with no suspended time, and restricted Korkow's eligibility for discretionary parole until he served at least 50 years of his sentence. The court explained that based on the severity of the case and Korkow's lack of remorse and concern for others, the restriction was necessary to protect the public, Korkow's children, and their future children. Absent that restriction, Korkow would be eligible for discretionary parole after 33 years.
When reversing the superior court's imposition of a 50-year restriction on Korkow's discretionary parole eligibility, the court of appeals relied upon a legal presumption that when a sentencing court imposes a lengthy sentence, "questions of discretionary release are better left to the Parole Board, since the Board evaluates the advisability of parole release in light of the defendant's tested response to Department of Corrections rehabilitative measures."
Alaska Statute 12.55.115 expressly empowers a sentencing court to restrict eligibility for discretionary parole beyond that required by AS 33.16.090 and AS 33.16.100, which, in relevant part, bar release on discretionary
A significant weakness in Korkow's statutory argument is its limitation to "lengthy sentences." If the statutory framework creates a legal presumption that sentencing courts must overcome to impose a longer-than-minimum time period for discretionary parole eligibility, then that legal presumption would apply to all sentences, not just lengthy sentences. The statutory framework is better viewed not as a legal presumption that must be overcome to impose a longer period for discretionary parole eligibility, but rather as a statutory minimum that sentencing courts may not ignore. In a somewhat similar context, we recently rejected an argument that legislatively imposed mandatory minimum periods constitute a "legislative preference."
The common law also does not provide much basis for Korkow's support of the court of appeals' legal presumption. In Gullard v. State a young man was convicted of manslaughter and the sentencing court imposed a ten-year sentence with one-third to be served without the possibility of parole.
We conclude that when imposing a discretionary parole eligibility restriction beyond the statutory minimum for any sentence,
Alaska Statute 12.55.115 does not itself set out any factors sentencing courts should evaluate when they consider imposing parole eligibility restrictions beyond the statutory minimum. Although we never have addressed the issue and it therefore comes to us as a matter of first impression, the court of appeals repeatedly has held that sentencing courts can restrict discretionary parole only when the statutory default term of parole eligibility "would be insufficient to protect the public and [e]nsure the defendant's reformation."
The Alaska Constitution states that "[c]riminal administration shall be based upon the following: the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation."
We recognize that not all of the AS 12.55.005 factors necessarily will be relevant in every parole eligibility determination, and that the most relevant factors often will be public safety and potential for rehabilitation. And we emphasize that a sentencing court may err by ignoring relevant factors or improperly weighing relevant factors when imposing a parole eligibility restriction beyond the statutory minimum. A sentencing court must consider all of the statutory factors, determine which are relevant to the case, and support its overall sentence — including parole eligibility restrictions — with expressly articulated reasons backed by substantial evidence.
The State argues that Korkow's parole restriction was not clearly mistaken in light of the 33-year default eligibility restriction and the sentencing court's discretion to restrict Korkow's parole eligibility for the entire 99-year term. Korkow argues that his parole eligibility restriction is outside the permissible range based on "comparison" to
Korkow's attempt to show his sentence is clearly mistaken by comparing it to sentences in other cases must fail. As the court of appeals has noted, "affirmance of a sentence on appeal means only that ... the sentence is not excessive; it does not set a ceiling [or a floor] on sentences in similar cases."
Korkow's arguments that the sentencing court made insufficient findings supporting the parole restriction and that the findings were not supported by substantial evidence also are unavailing. The sentencing court considered relevant Chaney factors in fashioning its overall sentence and entered specific findings that the parole restriction was necessary to protect Korkow's children and society at large for an extended period of time and was appropriate due to the "severity of the case" and Korkow's lack of remorse and concern. The record is replete with evidence that Korkow's crime was atrocious. It is undisputed that Korkow's children were present in the home. Korkow declined to participate in the pre-sentence report, and he made no statements during allocution indicating remorse or concern. We therefore hold the 50-year parole restriction made part of Korkow's sentence was not clearly mistaken.
We REVERSE the court of appeals' ruling that the parole restriction was excessive and REMAND for re-institution of the original sentence.