reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 16 - General Provisions › 22 AAC 20.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "aggravated presumptive
				sentence" means the additional period of incarceration imposed above the
				presumptive terms in AS 12.25.125(c), (d), (e) or (i), for aggravating factors
				under AS
				12.55.155(c);
(2) "applicant" means a sentenced prisoner
				eligible for discretionary or special medical parole who has timely submitted
				an application for parole;
(3)
				"board" means the Alaska Board of Parole, or any member of the board acting in
				his or her official capacity except as a hearing officer;
(4) "department" means the Alaska Department
				of Corrections;
(5) "hearing
				decision vote sheet" means the document signed by each board member present at
				a hearing regarding a case being considered;
(6) "immediate family" means father, mother,
				sister, brother, son, daughter, and step-relationship to these
				relations;
(7) "interstate parolee"
				means an adult parolee released by or subject to the authority of the paroling
				authority in another state and being supervised in this state under
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision;
(8) "parole
				progress report" means the report prepared for the board when a prisoner
				applies for discretionary parole;
(9) "preponderance of the evidence" means
				having more evidence supporting a finding than not supporting the
				finding;
(10) "quorum" means at
				least three board members being present at a meeting or hearing;
(11) "staff" means an employee of the Alaska
				Board of Parole; and
(12) "victim"
				has the meaning given in
				AS
				12.55.185;
(13) "minor" means an individual under the
				age of 18 who has not had the disabilities of minority removed under
				AS
				09.55.590;
(14) "working day" has the meaning given in
				22 AAC 05.660(a).
Authority:
AS
					 33.16.050
AS 33.16.060
AS
					 33.16.900
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.010 - Standards and approval of programs

Current through May 31, 2024
(a) An individual
			 or agency offering a program for the rehabilitation of perpetrators of domestic
			 violence that will be imposed as a condition of probation under
			 AS
			 12.55.101(a), as a condition
			 of a protective order under
			 AS
			 18.66.100(c), or as a
			 condition of parole under
			 AS
			 33.16.150(f), must, before
			 providing the counseling or education, receive approval for the program from
			 the department under this chapter. The individual or agency may apply to the
			 department for approval by submitting an application on a form provided by the
			 department to the council for its review and comments. The department will
			 review the recommendations made by the council regarding the approval or denial
			 of the application. The department will provide the applicant with written
			 notification of the approval or denial of the application within 120 days of
			 receipt of the application by the council.
(b) The department will approve a program for
			 the rehabilitation of perpetrators of domestic violence if the program
(1) proves to the satisfaction of the
			 department that it complies with the provisions of this chapter; and
(2) agrees to periodic audits and unannounced
			 on-site inspections by the department or by an agency designated by the
			 department to ensure compliance with the provisions of this chapter; the audits
			 and inspections may include interviews of staff, a review of records related to
			 program policies and procedures and a review of records of program participants
			 on probation or otherwise in the custody of the department; records reviewed by
			 the department or by an agency designated by the department in the course of an
			 audit or inspection do not become public records by virtue of the audit or
			 inspection.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.020 - Administration, organization, and management

Current through May 31, 2024
(a) An approved
			 program must develop and implement written policies and procedures in
			 accordance with the provisions of this chapter that
(1) express a primary commitment to the
			 safety of domestic violence victims, including children;
(2) recognize that the goal of intervention
			 is to stop domestic violence;
(3)
			 express an intent to operate a program that holds perpetrators of domestic
			 violence solely responsible for their behavior regardless of the presence of
			 psychological problems, interpersonal skills deficits, or substance
			 abuse;
(4) recognize that
			 participation in a program cannot guarantee violence-free behavior;
(5) recognize that a perpetrator of domestic
			 violence is a violent offender who requires a specialized form of
			 intervention;
(6) recognize that
			 the program is part of a larger criminal justice system comprised of law
			 enforcement officers, prosecutors, victim advocates, correctional agencies, and
			 judges who work together to hold perpetrators of domestic violence accountable
			 for their violence and to prevent further domestic violence;
(7) recognize that it is inappropriate and
			 dangerous for a victim and the perpetrator of domestic violence against the
			 victim to participate in counseling in which both the victim and perpetrator
			 are present;
(8) identify program
			 participants who have not been the principal physical aggressor in instances of
			 domestic violence and provide separate program services for those
			 participants;
(9) provide for the
			 dissemination of
(A) new or revised policies
			 and procedures to all staff and volunteers;
(B) a summary of the policies and procedures
			 to local victim advocacy agencies, criminal justice agencies, the department,
			 and the council; and
(C) a complete
			 set of policies and procedures to an agency specified in (B) of this paragraph,
			 upon the written request of the agency;
(10) provide a written description of each
			 service that the program offers;
(11) provide a personnel management system
			 that includes minimum training and qualifications for staff and volunteers as
			 required by
			 22 AAC 25.060, written job
			 descriptions, and lines of authority within the program;
(12) provide a code of ethics for the conduct
			 of staff and volunteers;
(13)
			 impose a duty to warn potential victims of the threat of violence by a program
			 participant, including guidelines for identifying situations that involve a
			 duty to warn, and make that policy and procedures available for review and
			 input by local victim advocacy agencies;
(14) require program staff to advice program
			 participants of the program's obligation to warn potential victims of threats
			 of violence by program participants; and
(15) establish a process for the prompt
			 notification of law enforcement agencies and the victim of threats of violence
			 by the program participant.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.030 - Program services

Current through May 31, 2024
(a) In the delivery of services, an approved
			 program
(1) must:
(A) establish and implement a gender-specific
			 written curriculum that incorporates the requirements set out in this
			 chapter;
(B) require a program
			 participant to attend and participate in a minimum of 24 weeks of weekly
			 gender-specific group counseling sessions;
(C) make a written intake assessment and a
			 written service plan for each program participant that contains a profile of
			 the participant's current and past domestic violence, screening for substance
			 abuse and mental health indicators, descriptions of past and current behavior,
			 lethality assessment, safety checks, and a strategy for case management of the
			 participant;
(D) require the
			 program participant to enter into a written contract and sign releases of
			 information as described in (b) and (c) of this section;
(E) require the program participant to
			 complete homework assignments;
(F)
			 use confrontation as an educational tool;
(G) conduct regular, formal case reviews of
			 the progress of program participants and maintain written records of the
			 participants' attendance, payment of fees assessed by the program, group
			 participation, updated lethality assessments, and regularly conducted safety
			 check information;
(H) establish a
			 mechanism to ensure that
(i) regular victim
			 safety checks are made;
(ii) victim
			 safety checks are reviewed; and
(iii) victims are referred to a local victim
			 advocacy agency;
(I)
			 coordinate services provided under the approved program with those provided by
			 substance abuse and mental health service providers serving the
			 community;
(J) require all staff to
			 report any known or suspected child abuse or neglect to the division of family
			 and youth services in the Department of Health and Social Services as required
			 by AS
			 47.17.020;
(K) require all staff who have reasonable
			 cause to believe that a vulnerable adult has suffered harm to report the harm
			 of the Department of Administration as required by
			 AS
			 47.24.010;
(L) develop and implement written discharge
			 criteria as required by (e) of this section;
(M) develop and implement a standardized
			 record-keeping system for program participants, including a procedure for the
			 periodic review of program participants' records, the protection of information
			 that is confidential by law, and the closure and storage of files;
(N) monitor program participants' recidivism;
			 and
(O) evaluate the program as
			 required by
			 22 AAC 25.040;
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.040 - Program participant monitoring and program accountability

Current through May 31, 2024
(a) An approved
			 program shall monitor the recidivism of all program participants for a period
			 of not less than 12 months following their compliance with the discharge from
			 the program or non-compliance and termination from the program. This procedure
			 must include, whenever possible:
(1)
			 interviews of the victim and the program participant's current domestic
			 partner;
(2) review of the former
			 program participant's criminal justice records;
(3) interviews with the former program
			 participant; and
(4) contact with
			 the local victim advocacy agency and other appropriate agencies.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.050 - Confidentiality of personal program participants' records

Current through May 31, 2024
(a) Except as
			 provided in
			 22 AAC 25.030(c),
			 personal program participant records are confidential to the extent allowed by
			 state or federal law and are not public records. Nothing in this section,
			 however, limits the use of personal program participant records in a criminal
			 investigation or a legal proceeding.
(b) Information pertaining to victim safety
			 checks must be maintained in a manner that protects the confidentiality of the
			 victim.
Authority:
AS
				  44.28.020
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence › 22 AAC 25.060 - Personnel, training, and educational requirements

Current through May 31, 2024
(a) An approved
			 program must assign a sufficient number of trained staff or volunteers to
			 operate the program in accordance with this chapter.
(b) An approved program shall establish
			 minimum qualifications for staff and volunteers that include:
(1) no history of domestic violence or crimes
			 against a person for at least three years before application;
(2) no felony convictions for crimes against
			 a person;
(3) no convictions for
			 three years before application is made involving
(A) a controlled substance as defined in
			 AS
			 11.71.900, under federal law or under any
			 other state's law;
(B) misdemeanor
			 assault;
(C) a crime involving
			 domestic violence; or
(D) the
			 violation of a municipal ordinance or law from another jurisdiction having
			 elements similar to the offenses specified in this paragraph;
(4) a demonstrated ability to work
			 in a multi-cultural environment; and
(5) for a supervisor, training and at least
			 one year experience in working with both victims and perpetrators of domestic
			 violence.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.010 - Sex offender treatment committee

Current through May 31, 2024
(a) The
			 commissioner will establish a Sex Offender Treatment Committee for the purposes
			 of
(1) assisting in developing a Sex Offender
			 Treatment Standards of Care Manual for use by providers approved under this
			 chapter;
(2) reviewing applications
			 from individuals applying for approval, or renewal of approval, to provide sex
			 offender treatment to offenders under the department's jurisdiction and making
			 recommendations to the department regarding the applications; and
(3) reviewing and investigating complaints
			 against approved providers and making recommendations to the department
			 regarding disposition of the complaints.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.020 - Provider approval

Current through May 31, 2024
(a) An individual who wishes to provide sex
			 offender treatment to a sex offender who is under the department's jurisdiction
			 first must obtain, and then maintain, approval from the department under this
			 chapter in order for the treated sex offender to be considered in compliance
			 with a sex offender treatment requirement imposed by the court, the parole
			 board, or the department. Department approval of such a provider is required
			 regardless of who pays for the sex offender's treatment and regardless of
			 whether the treatment takes place in a correctional facility or is
			 community-based.
(b) An individual
			 does not need approval under this chapter in order to provide a service that is
			 not sex offender treatment, as defined in
			 22 AAC 30.900, to a sex offender
			 who is under the department's jurisdiction.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.030 - Application process; qualifications

Current through May 31, 2024
(a) An individual
			 who wishes to become an approved sex offender treatment provider must apply to
			 the department on a form provided by the department. Only an individual may be
			 approved as a sex offender treatment provider.
(b) To become an approved provider under this
			 chapter, an individual must
(1) have a current
			 professional license, in good standing, issued under AS 08, as a psychiatrist,
			 psychologist, psychological associate, social worker, marital and family
			 therapist, or professional counselor;
(2) be of good moral character; and
(3) agree to abide by the standards set out
			 in 22 AAC 30.200 in providing sex
			 offender treatment to a sex offender who is under the department's
			 jurisdiction.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.040 - Provider levels; supervision condition

Current through May 31, 2024
(a) The department
			 will establish different provider levels, including a full-service level, and
			 will approve a provider at a particular level based on the provider's
			 education, training, experience, and professional license.
(b) Department approval of a provider at a
			 provider level less than the full-service level will be conditioned on the
			 requirement that, in providing sex offender treatment to a sex offender who is
			 under the department's jurisdiction, that approved provider must be supervised
			 by an approved full-service-level provider.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.050 - Application review; approval or denial; request for review of denial

Current through May 31, 2024
(a)
			 The Sex Offender Treatment Committee shall review an application for approval
			 as a sex offender treatment provider and shall place in the applicant's file
			 the committee's recommendation to the department regarding approval or denial
			 of the application. The committee may recommend denial only if the committee
			 determines that the applicant does not meet the requirements for approval in
			 22 AAC 30.030. If the committee
			 recommends denial of an application, the committee's recommendation to the
			 department must include a written statement of the committee's reasons for
			 recommending denial. The committee shall forward the applicant's file to the
			 department.
(b) After review of the
			 application and the committee's recommendation, the department will approve or
			 deny an application for provider approval and will notify the applicant of the
			 decision. If the department denies the application, the department will furnish
			 the applicant with a statement of its findings regarding the denial and with
			 instructions for requesting a review of the denial under
			 22 AAC 30.060. Failure to timely
			 request review as provided in
			 22 AAC 30.060(a)
			 precludes further department consideration of the denial.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.060 - Review of denial

Current through May 31, 2024
(a) An applicant whose application for
			 provider approval was denied under
			 22 AAC 30.050 may request review
			 of the denial by filing a request with the commissioner within 30 days after
			 the date of the department's notification of denial under
			 22 AAC 30.050(b).
			 The request for review must contain a statement of why the department's
			 decision should be changed and must indicate which department findings the
			 applicant believes are in error.
(b) If the commissioner determines that the
			 request for review demonstrates a genuine issue in contention, the commissioner
			 will grant an administrative review. The commissioner's denial of a request for
			 review is a final administrative decision for purposes of appeal to the
			 superior court under the Alaska Rules of Appellate Procedure.
(c) If the request for review is granted, the
			 commissioner will appoint a review officer to conduct the review. If the
			 commissioner appoints a department employee as the review officer, the employee
			 will not be a person who participated in the decision to deny the
			 application.
(d) In conducting the
			 review, the review officer may
(1) request
			 additional information from the applicant if the review officer considers the
			 information to be necessary to the review; and
(2) conduct an additional investigation if
			 the review officer believes that the information to be obtained from the
			 additional investigation is necessary to the review.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.070 - Renewal process; qualifications

Current through May 31, 2024
(a) To renew
			 provider approval under this chapter, an approved provider must apply for
			 renewal of approval no later than 60 days before the end of the provider's
			 current approval period by submitting an application for renewal to the Sex
			 Offender Treatment Committee on a form provided by the department.
(b) For a provider's approval to be renewed,
			 the provider must
(1) have a current
			 professional license, in good standing, as described in
			 22 AAC 30.030(b);
(2) be of good moral character;
(3) have obtained, within the preceding three
			 years, 20 hours of continuing education in the treatment of sex offenders that
(A) was sponsored or conducted by the
			 Association for the Treatment of Sexual Abusers;
(B) fulfills a continuing education
			 requirement imposed by the board that licenses the provider as a psychiatrist,
			 psychologist, psychological associate, social worker, marital and family
			 therapist, or professional counselor; or
(C) has been approved by the department as
			 being substantially equivalent to the continuing education described in (A) or
			 (B) of this paragraph;
(4) agree to abide by the standards set out
			 in 22 AAC 30.200 in providing sex
			 offender treatment to a sex offender who is under the department's
			 jurisdiction; and
(5) provide a
			 reference, on a form provided by the department, from the supervising
			 full-service-level approved provider if the applying provider's current
			 approval is conditioned under
			 22 AAC 30.040 on that
			 supervision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.080 - Renewal application review; approval or denial; request for review of denial

Current through May 31, 2024
(a) Review of an application for renewal of
			 provider approval by the Sex Offender Treatment Committee and the department,
			 and approval or denial of the application, will be conducted in the manner
			 provided in
			 22 AAC 30.050 for an application
			 for initial provider approval.
(b)
			 Review of denial of a renewal application may be requested as provided in
			 22 AAC 30.060(a).
			 The review of a denial will be conducted as described in
			 22 AAC 30.060.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.090 - Transition: previously approved providers

Current through May 31, 2024
(a) Notwithstanding
			 the provisions of
			 22 AAC 30.020 -
			 22 AAC 30.060, an individual who,
			 on 11/1/2002, had approval from the department to provide sex offender
			 treatment to sex offenders who are under the department's jurisdiction is
			 considered on 11/2/2002 to be an approved provider under this
			 chapter.
(b) The individual's
			 provider approval under (a) of this section lapses on 11/2/2003. To maintain
			 provider approval under this chapter, the individual must, no later than 60
			 days before the lapse date of the individual's provider approval under this
			 section, apply for renewal of provider approval under
			 22 AAC 30.070. The individual must
			 meet the requirements of
			 22 AAC 30.070 in order to obtain
			 renewal of approval.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.100 - Lapsed approval

Current through May 31, 2024
(a) If an individual's provider approval
			 under this chapter lapses, the individual may submit to the department, no
			 later than 60 days after the approval lapsed, a request to submit a late
			 renewal application. The request must state the reasons for late application.
			 If the department determines that good cause exists to allow a late renewal
			 application, the department will notify the individual that a late renewal
			 application may be submitted and will be processed under
			 22 AAC 30.070 and
			 22 AAC 30.080. If the department
			 determines that good cause does not exist to allow a late renewal application,
			 the department will notify the individual of that determination and that the
			 individual must instead follow the procedures in
			 22 AAC 30.030 for a new initial
			 approval.
(b) An individual whose
			 approval under this chapter has lapsed and who subsequently applies for a new
			 initial approval under
			 22 AAC 30.030 must, in addition to
			 meeting the requirements of
			 22 AAC 30.030, meet the continuing
			 education requirement in
			 22 AAC 30.070(b)
			 and must submit with the application under
			 22 AAC 30.030 documentation of
			 having met that requirement.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.120 - Summary suspension or revocation of provider approval

Current through May 31, 2024
(a) Notwithstanding
			 the procedures set out in
			 22 AAC 30.110, the department will
			 summarily suspend or revoke a provider's approval as provided in this
			 section.
(b) The department will
			 summarily suspend a provider's approval under this chapter if the department
			 determines that the provider's professional license issued in this or another
			 jurisdiction has been suspended or determines that the provider has violated a
			 condition placed on the approval under
			 22 AAC 30.110(g).
			 The department will notify the provider of the suspension of provider approval
			 under this section. Suspension of provider approval under this subsection takes
			 effect on the date the provider is notified of the suspension. The provider may
			 not apply for renewal of the approval, or apply for a new initial approval,
			 under this chapter while the provider's approval is suspended under this
			 section. If, before the lapse date of the provider's approval, the provider
(1) submits verification to the department
			 that the provider's suspended professional license has been restored to good
			 standing, or that the provider is in compliance with the relevant condition, as
			 applicable, the department will lift the suspension of the provider's approval
			 under this chapter;
(2) has not
			 submitted verification to the department that the provider's suspended
			 professional license has been restored to good standing or that the provider is
			 in compliance with the relevant condition, as applicable, the provider's
			 approval under this chapter lapses.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.130 - Revoked approval

Current through May 31, 2024
If an individual's provider approval under this chapter is
				revoked under
				22 AAC 30.110 or
				22 AAC 30.120, the
				individual
(1) may not apply for a new
			 initial approval under
			 22 AAC 30.030 sooner than two
			 years after the effective date of the revocation;
(2) in applying for a new initial approval
			 under 22 AAC 30.030 also must meet the
			 continuing education requirement of
			 22 AAC 30.070(b)
			 and must submit documentation of meeting the requirement.
Authority:
AS
				  33.30.011
AS 33.30.021
AS
				  44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.200 - Standards of care

Current through May 31, 2024
(a) An approved provider shall comply with
			 the standards of care set out in this section in providing sex offender
			 treatment to a sex offender who is under the department's
			 jurisdiction.
(b) An approved
			 provider may not
(1) allow personal feelings
			 about a client or the client's crimes to interfere with the provider's
			 professional judgment and objectivity, and shall make appropriate referrals to
			 other professionals if the provider is unable to manage negative reactions to a
			 client;
(2) discriminate based on
			 age, gender, race, ethnicity, national origin, religion, sexual orientation,
			 political affiliation, social or economic status, disability, or any basis
			 proscribed by law;
(3) engage in
			 behavior that is harassing, exploitative, or demeaning to a client;
(4) barter for services;
(5) advise or facilitate family reunification
			 unless suitable measures have been taken to ensure the safety of, and
			 appropriateness of reunification for, the client's victim;
(6) provide sex offender treatment to a sex
			 offender who is under the department's jurisdiction if the provider has a
			 pre-existing relationship with that person and that relationship could impair
			 the provider's professional judgment;
(7) engage in a sexual relationship with a
			 client or former client, regardless of whether payment was made for the sex
			 offender treatment, and may not engage in a sexual relationship with a family
			 member of a client or former client;
(8) engage in a business or social
			 relationship with a client if that relationship could conflict with or
			 compromise the primary professional relationship;
(9) disclose identifying information about a
			 client during professional training or workshops; an audiotape or videotape to
			 be used by the provider during training or a workshop must protect the identity
			 of the client and may be used only after obtaining written informed consent
			 from the client; or
(10) encourage
			 or permit the use of pornography.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.900 - Definitions

Current through May 31, 2024
In this chapter,
(1)
			 "approved provider" means an individual who has received approval from the
			 department under this chapter to provide sex offender treatment to sex
			 offenders who are under the department's jurisdiction;
(2) "clinical services" means the application
			 of assessment and psychotherapeutic techniques by an individual licensed under
			 AS 08 to practice in the field of psychiatry, psychology, social work, marital
			 and family therapy, or professional counseling;
(3) "committee" means the Sex Offender
			 Treatment Committee established under
			 22 AAC 30.010;
(4) "commissioner" means the commissioner of
			 corrections;
(5) "department" means
			 the Department of Corrections;
(6)
			 "good moral character" means, based on consideration of all aspects of an
			 individual's character, the absence of acts or conduct that would cause a
			 reasonable person to have substantial doubts about the individual's honesty,
			 fairness, and respect for the rights of others and for the laws of the state
			 and the nation; the following are indicia of a lack of good moral character:
(A) illegal conduct;
(B) conduct involving moral turpitude,
			 including dishonesty, fraud, deceit, or misrepresentation;
(C) intentional deception or fraud, or
			 attempted deception or fraud, in an application, examination, or other document
			 submitted to secure employment, eligibility for licensure, or
			 certification;
(D) conduct that
			 adversely reflects on a person's fitness to provide sex offender treatment,
			 including intoxication while providing treatment and undue familiarity with a
			 client, or with a sex offender, or correctional inmate, probationer, or
			 parolee, with whom the provider has a professional relationship;
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 05 - Office Management › 23 AAC 05.010 - Titles

Current through May 31, 2024
The victims' advocate is the director of the office of victims' rights. As used in this title, the terms "victims' advocate" and "director" include an associate victims' advocate employed by the office of victims' rights.
Authority:
AS 24.65.010
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 05 - Office Management › 23 AAC 05.030 - Hours

Current through May 31, 2024
(a) The victims' advocate's business office will be open to the public during regular business hours. Regular business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday except state holidays. The office may be closed to the public during the noon hour Monday through Friday.
(b) The office of victims' rights will observe holidays in accordance with AS 44.12.010. Observance of a holiday means that the victims' advocate's business office will be closed to the public and employees given the day off work with holiday pay.
Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 1 - Receiving and Processing Complaints › 23 AAC 10.010 - Complaints

Current through May 31, 2024
(a) The victims' advocate will assist a crime victim in obtaining a right guaranteed to the crime victim under the constitution and laws of the state with regard to the contacts of the crime victim with justice agencies. The victims' advocate may also investigate complaints from a crime victim that the complainant has been denied a right guaranteed to the crime victim under the constitution and laws of this state.
(b) An allegation that a crime victim has been denied a right guaranteed to a crime victim under the constitution and laws of this state must be in writing and be specific. The allegation must be submitted to the victims' advocate on a complaint form provided by the office of victims' rights for that purpose, and must be signed by the crime victim or a person authorized by law to act on the crime victim's behalf. The complaint may be submitted to the office of victims' rights in person or on line through the office web site, mailed by regular United States mail, or submitted by facsimile. If a complainant or crime victim requires assistance in filling out the complaint, the victims' advocate or a member of the victims' advocate's office staff will provide the assistance.
(c) Anonymous complaints will not be accepted.
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.110
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 1 - Receiving and Processing Complaints › 23 AAC 10.020 - Declining a complaint

Current through May 31, 2024
(a) The victims' advocate may refuse to accept a complaint or provide crime victim advocacy or investigative services when, in the judgment of the victims' advocate, it appears that,
(1) the office of victims' rights does not have jurisdiction as established by law;
(2) the complaint does not involve a violation of a specific statutory or constitutional crime victim right;
(3) the complaint may involve a violation of a specific statutory or constitutional crime victim right but the claimant is not a crime victim as defined by the law of this state;
(4) the claimant is a criminal defendant as defined in 23 AAC 40.100;
(5) the complaint is primarily civil in nature;
(6) the resources of the office of victims' rights are, or may be, inadequate to provide the complainant with competent advocacy or investigative services, or may be unduly diminished by providing the complainant with competent advocacy or investigative services to the detriment of other cases;
(7) the complainant refuses to sign the complaint form; or
(8) the public's interest or welfare would not be served by accepting the complaint or providing crime victim advocacy or investigative services to the complainant.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 1 - Receiving and Processing Complaints › 23 AAC 10.030 - Preliminary examination of a complaint

Current through May 31, 2024
Upon receipt of a signed complaint from a complainant or crime victim asserting that the complainant or crime victim has been denied a right guaranteed a crime victim under the laws and constitution of this state, the victims' advocate will conduct a preliminary examination of the complaint to determine whether, based on the information and evidence provided by the complainant or crime victim
(1) the office of victims' rights has jurisdiction to investigate the complaint under AS 24.65; and
(2) there is specific and credible information to indicate that one or more crime victim rights guaranteed by the laws and constitution of this state may have been violated by a justice agency or person.
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 1 - Receiving and Processing Complaints › 23 AAC 10.040 - Priority regarding processing of complaints

Current through May 31, 2024
(a) If the resources of the office of victims' rights are not sufficient adequately to process pending or new complaints or requests for assistance from crime victims within reasonable time limits, the victims' advocate will apply the following priority in processing of cases:
(1) complaints of an emergency nature in which disposition according to normal handling would subject the complainant or victim to a substantial risk of serious and irreparable violation of crime victim rights or other harm;
(2) complaints involving felony offenses;
(3) complaints regarding class A misdemeanors involving domestic violence or a crime against the person under AS 11.41.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 2 - Conducting an Investigation › 23 AAC 10.100 - Resolution of a complaint without formal investigation; request for production of information or documents

Current through May 31, 2024
(a) The victims' advocate may elect to conduct a formal or informal investigation of a complaint, or both. Before initiating a formal investigation in accordance with AS 24.65.120(b)(2), the victims' advocate may attempt to resolve a complaint informally by contacting a person or a justice agency to make relevant inquiries and to obtain information and documents considered necessary by the victims' advocate. In so doing, the victims' advocate will briefly state in writing the basis for the complaint and will provide the person or justice agency details considered by the victims' advocate necessary and sufficient for the person or justice agency to respond fully.
(b) Under AS 24.65.120(b)(1), exercise of authority by the victims' advocate to make inquiries and obtain information considered necessary related to a complaint includes, at the request of the victims' advocate,
(1) submission to the victims' advocate of a written explanation of the relevant facts and circumstances relating to the complaint prepared by a person or a justice agency; the victims' advocate shall make a request under this paragraph in writing, and the person or justice agency shall submit the written explanation of the relevant facts and circumstances relating to the complaint, if requested by the victims' advocate in writing, the written explanation shall be provided under oath, nothing in this section shall be construed to diminish the right of the victims' advocate to additionally require the person or justice agency to provide the explanation of the relevant facts and circumstances relating to a complaint under oath in accordance with AS 24.65.120(b)(2) and 24.65.130(a).
(2) submission to the victims' advocate of all information or documents available to an adult or juvenile criminal defendant or a juvenile as provided for by law regardless of whether the information or documents have been provided to the adult or juvenile criminal defendant or a juvenile.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 2 - Conducting an Investigation › 23 AAC 10.110 - Reimbursement of researching and duplicating costs

Current through May 31, 2024
(a) A justice agency that researches, produces and provides information and documentary or other physical evidence to the victims' advocate in response to a request for information under AS 24.65.120 or AS 24.65.130, or another provision of AS 24.65, or attempts to do so, may not charge a cost or fee to the office of victims' rights for duplicating, copying or other costs or expenses incurred.
(b) A private person, business, or organization that researches, produces and provides information and documentary or other physical evidence to the victims' advocate in response to a request for information under AS 24.65.120 or AS 24.65.130, or attempts to do so, may receive limited compensation from the office of victims' rights, but only for the ordinary, reasonable, and actual duplicating costs incurred, to a maximum of $50 for each investigation. A private person, business or organization seeking reimbursement shall submit an invoice in writing to the victims' advocate within 10 calendar days following the delivery of the information and documentary or other physical evidence, or the date of the scheduled hearing at which the information and documentary or other physical evidence was provided, whichever is sooner. The office of victims' rights will not pay or reimburse for expenses associated with information, documents, or objects not provided to the victims' advocate. A private person, business, or organization that submits an invoice for allowable costs after the deadline set in this subsection irrevocably waives the right to any reimbursement for that investigation. Expenses incurred or claimed to have been incurred by a private person, business, or organization for legal, accounting, data compilation, or other similar expert or professional costs or expenses are not reimbursable.
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.120
AS 24.65.130
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 2 - Conducting an Investigation › 23 AAC 10.120 - Testimony under subpoena; private hearings

Current through May 31, 2024
(a) The victims' advocate may choose to compel by subpoena, at a specified time and place, the appearance of any person whom the victims' advocate reasonably believes may be able to give information and produce documents and objects relating to a matter under formal or informal investigation under AS 24.65. At the election of the victims' advocate, the subpoena may be issued
(1) in connection with a private hearing conducted under AS 24.65; or
(2) not in connection with a private hearing, but shall command the person subpoenaed to appear at a specified time and place to deliver documents and objects without providing testimony at that time.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 2 - Conducting an Investigation › 23 AAC 10.130 - Status reports

Current through May 31, 2024
The victims' advocate will provide a report of the status of a complaint under formal or informal investigation to a complainant or victim 120 days after acceptance of the complaint and thereafter at 120-day intervals until investigation of the complaint is completed. The victims' advocate will provide a status report to a complainant or victim in response to a request from the complainant or victim at any time. A status report may be oral or in writing in the discretion of the victims' advocate.
Authority:
AS 24.65.090
AS 24.65.140
AS 24.65.150
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 2 - Conducting an Investigation › 23 AAC 10.140 - Conflicts

Current through May 31, 2024
(a) If, during the course of an investigation, the victims' advocate determines that investigation of a complaint by an associate victims' advocate may involve a conflict of interest or may have the appearance of a conflict of interest, the victims' advocate will promptly transfer the matter from the associate victims' advocate to another member of the staff for completion of the investigation or will assign the case to the victims' advocate.
(b) If the victims' advocate's own investigation of a complaint would involve a conflict of interest or the appearance of a conflict of interest, the victims' advocate will promptly transfer the matter to another staff member for completion of the investigation.
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Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.200 - Discontinuing an investigation

Current through May 31, 2024
The victims' advocate may discontinue, terminate, postpone, or suspend an investigation at any time if, during the course of the investigation, or as a result of a preliminary examination of the complaint undertaken by the victims' advocate in an attempt to resolve it without commencement of a formal investigation under 23 AAC 10.100,
(1) the victims' advocate determines that the subject matter of the complaint is not within the jurisdiction of the office under AS 24.65;
(2) the victims' advocate determines that disclosure of the complainant's or victim's name is necessary to enable the victims' advocate to carry out duties under AS 24.65 or to support recommendations, and the complainant or victim refuses to allow disclosure of the complainant's or victim's name;
(3) the victims' advocate requests information or documents from the complainant or victim and the complainant or victim fails or refuses to produce the information or documents within the time specified by the victims' advocate for its receipt;
(4) the complainant fails to file a complaint as required by this title or requests to withdraw a previously filed complaint;
(5) information or evidence provided by the complainant or otherwise obtained by the victims' advocate provides no specific or credible basis to believe that continuing an investigation is warranted;
(6) the victims' advocate determines that there is some evidence to believe that the complainants' or victims' rights guaranteed under the constitution and laws of this state may have been denied to the complainant or victim, but the victims' advocate believes that, at the conclusion of the investigation of the complaint,
(A) the victims' advocate may not be able to present an opinion, finding, or recommendation to a person, justice agency, or another that would provide direct relief or benefit to the complainant or victim; or
(B) an opinion, finding, or recommendation that the victims' advocate presents to a person, justice agency, or another could be without substantial value or significance to improvement of public administration under the law;
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.210 - Preparation of a report following a formal investigation

Current through May 31, 2024
(a) Upon completion of a formal investigation of a justice agency or person under AS 24.65 the victims' advocate may prepare a written report of the victims' advocate's findings, opinion, and recommendations.
(b) The victims' advocate will prepare a written report upon completion of a formal investigation under AS 24.65 if the victims' advocate's findings
(1) are critical of a justice agency or person; or
(2) determine that a justice agency or a person has denied a crime victim rights the crime victim is guaranteed under the constitution and laws of this state.