reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 3 - Parole Progress Reports › 22 AAC 20.120 - Comments for report

Current through May 31, 2024
(a) The department shall solicit comments
				from the prisoner, the sentencing court, the victim of the crime who has
				requested notification, and from the prosecutor and defense attorney for
				inclusion in the parole progress report.
(b) When requesting the comments of the
				sentencing court for the parole progress report, the department shall provide
				the sentencing court with a summary of the prisoner's institutional conduct
				since sentencing, and a summary of any significant mental or physical
				examinations since sentencing.
Authority:
AS
					 33.16.060
AS 33.16.110
AS
					 33.16.120
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 3 - Parole Progress Reports › 22 AAC 20.125 - Disclosure of report

Current through May 31, 2024
(a) The parole progress report is
				confidential and may not be disclosed to anyone not authorized by
				law.
(b) Except as provided in (c)
				of this section, the department shall provide a copy of the parole progress
				report and attachments to the parole applicant a minimum of two weeks before
				the scheduled parole hearing.
(c)
				The department shall advise the board if it believes information available for
				the parole progress report or attachments to the report should not be disclosed
				to the prisoner under
				AS
				33.16.170(b) and the reasons
				for recommending non-disclosure. If the board concurs with the department, the
				department or board shall have prepared an excised copy or summary of the
				material. The excised copy or the summary must be provided to the prisoner at
				least one week before the parole hearing, unless exigencies make the disclosure
				impossible in this time frame. In such a case, the disclosure will be made as
				close to the one week limit as possible.
(d) Information received by department staff
				after the parole progress report is provided to the board and the prisoner,
				will be given to the board and the prisoner as soon as feasible.
(e) Upon written request, the department will
				provide a copy of the parole progress report to the prosecuting attorney, the
				prisoner's attorney, the sentencing judge, and the attorney for the board. The
				prisoner's attorney's copy is subject to the requirements of (c) of this
				section.
(f) The department may
				provide a copy of the parole progress report to the receiving state under
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision) if the prisoner requests supervision in another
				state.
Authority:
AS
					 33.16.060
AS 33.16.110
AS 33.16.130
AS 33.16.170
AS
					 33.36.010
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.140 - Notification of scheduled hearing dates

Current through May 31, 2024
(a) The board will
				establish parole hearing dates and will notify the correctional facilities of
				the scheduled hearing dates 60 days before the hearings.
(b) Notification of the schedule will be made
				available to prisoners applying for parole under
				22 AAC 20.150. This will serve as
				notification that the board will be considering the prisoner's
				application.
(c) The department
				shall provide the board with a list of all prisoners who are scheduled to have
				their cases considered by the board. This list must be provided to the board at
				least four weeks before the week of scheduled board hearings. Upon request, the
				department shall provide the board with a list of all prisoners who are
				eligible for discretionary parole but have waived their right to
				apply.
(d) The board will, in its
				discretion, change any of the hearing dates established under (a) of this
				section, and the board will notify the affected correctional facility of a
				change. The department shall notify parole applicants of the new scheduled
				dates.
Authority:
AS
					 33.16.050
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.145 - Dispositions available to the board

Current through May 31, 2024
The board will make one of the following decisions at a
				  discretionary parole hearing:
(1)
				parole an applicant to an approved parole plan under
				22 AAC 20.235; the board may grant
				parole
(A) within this state;
(B) to any jurisdiction under
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision); or
(C) to a
				detainer from any recognized jurisdiction under
				AS
				33.35.010 (Agreement on Detainers);
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.155 - Victim's responsibilities and procedural opportunities

Current through May 31, 2024
(a) A victim who
				has requested notification of a discretionary parole or parole rescission
				hearing and who has provided the commissioner with a current, valid mailing
				address will be advised in writing of the prisoner's discretionary parole
				release hearing 30 days before the hearing.
(b) The victim will be provided a copy of the
				prisoner's parole application that does not include the proposed residence and
				employment addresses of the applicant.
(c) The victim will be advised of the
				victim's right to personally appear at the hearing and to submit written
				comment to the board regarding the impact of the crime on the victim or the
				victim's family, the applicant's suitability for parole, and the conditions of
				parole, subject to
				22 AAC 20.105.
(d) The victim will be advised of board
				regulations regarding appearance at a discretionary parole release or parole
				rescission hearing and of the victim's responsibilities under
				22 AAC 20.105 if the victim wishes
				to appear at the hearing. The victim is responsible for any costs associated
				with appearing at the hearing.
(e)
				The victim will be notified of the victim's right to receive the following
				information, if applicable, once the board makes the decision to grant parole,
				continue the applicant's case to a future date, or deny the application for
				parole for the remainder of the sentence:
(1)
				the decision of the board on the prisoner's application for discretionary
				parole;
(2) the expected date of
				release of the prisoner;
(3) the
				expected geographic area of release of the prisoner;
(4) the conditions of parole of the
				prisoner;
(5) the address of the
				parole office in Alaska that is expected to be responsible for the supervision
				of the prisoner.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.170 - Decisions of the board

Current through May 31, 2024
(a) After the parole interview conducted
				under 22 AAC 20.150, the board will make
				a decision as set out in
				22 AAC 20.145.
(b) If the board believes information under
				consideration at the hearing might be significantly incorrect or incomplete,
				the board will, in its discretion, defer action on the application. Action
				might be deferred in order to allow the board or the department to obtain
				additional information, or to permit the applicant time to gather and present
				additional information.
(c) If a
				criminal charge is pending against the applicant, the board will, in its
				discretion, defer action until the final disposition of the charge.
(d) The board is not required to make any
				findings of fact or conclusions of law regarding any item or document in an
				applicant's file nor relate them to the board's release criteria.
(e) A parole applicant may not relitigate
				issues determined against the applicant in other forums, including disciplinary
				or other administrative hearings. The applicant may not relitigate a conviction
				of a crime handed down in a court of law.
(f) If the number of affirmative board member
				votes for a decision does not meet the requirements of
				AS
				33.16.050(c), the case will
				be continued to the next regularly scheduled hearing at the correctional
				facility where the applicant is housed.
Authority:
AS
					 33.16.050
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.175 - Reconsideration of denial of discretionary parole release application

Current through May 31, 2024
(a) The board will reconsider a decision
				denying an application for discretionary parole release only for the following
				reasons:
(1) the decision by the board was not
				supported by the reasons or facts stated by the board, and clarification or
				correction would, in the opinion of the board, likely lead to a different
				decision;
(2) the decision was
				based upon incorrect or faulty information and the correction would, in the
				opinion of the board, likely lead to a different decision;
(3) the board did not follow its prescribed
				procedures in making its decision and following the prescribed procedures
				would, in the opinion of the board, likely lead to a different decision;
				or
(4) there was significant
				information not available to the applicant at the time of the hearing through
				no fault of the applicant and that information would, in the opinion of the
				board, likely lead to a different decision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.180 - Action following request for reconsideration

Current through May 31, 2024
(a) A request for
				reconsideration will be considered by a quorum of the board. The decision will
				be based upon the case file material available. The board will not interview
				the applicant.
(b) If the board
				grants a request for reconsideration, the board will make a decision based on
				the material contained in the case file or conduct a new hearing at the next
				regularly scheduled board hearing at the facility where the prisoner is
				incarcerated, unless the board specifies another date.
(c) The board will rule on a request for
				reconsideration within 60 days after receipt of the request.
Authority:
AS
					 33.16.060
AS 33.16.100
AS
					 33.16.130
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.185 - Special review

Current through May 31, 2024
(a) The board will, in its discretion, and
				only for the following reasons, grant a special review if it has continued a
				case or has denied an application for discretionary parole release:
(1) vital information or substantial
				mitigating circumstances such as those set out in (b) of this section arise
				after the original decision;
(2)
				this information was not available at the time of the original hearing;
				and
(3) the board's awareness of
				this information would, in the opinion of the board, likely lead to a different
				decision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.190 - Procedures applicable to special reviews

Current through May 31, 2024
(a) Unless the
				board determines that an extreme emergency exists, a request for a special
				review must be received in the board office no later than eight weeks before
				the week of the next regularly scheduled board hearing at the facility where
				the prisoner is incarcerated.
(b)
				The prisoner must make application to the board and state specifically why the
				prisoner believes that the prisoner qualifies for a special review. The request
				must be sent through the prisoner's institutional parole officer if the
				prisoner is incarcerated in a state correctional facility. The request must be
				provided directly to the assigned parole officer if the prisoner resides in a
				contract correctional facility, and the supervising parole officer for the
				contract facility shall provide the documentation to the board.
(c) The board will make its decision in the
				same manner as provided for in
				22 AAC 20.170. The board will
				notify the prisoner and the department of its decision. Any decision available
				to the board under
				22 AAC 20.145 may be made.
				Granting of a special review will result in the prisoner's case being reviewed
				at the hearing date designated by the board.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.195 - Purpose of conditions

Current through May 31, 2024
Conditions of parole serve the following purposes:
(1) notify the parolee of what conduct is
				permissible and what conduct is prohibited if the parolee is to remain in the
				community on parole;
(2) advise the
				parolee in writing of laws that have in the past been frequently violated by
				parolees, so the parolee does not inadvertently violate laws;
(3) require the parolee to advise the parole
				officer of major changes in the parolee's life so that any problems may be
				dealt with and a possible crisis averted;
(4) aid in the rehabilitation of the parolee;
				and
(5) protect the public by
				helping the parole officer monitor the parolee's activities in the
				community.
Authority:
AS
					 33.16.010
AS 33.16.060
AS
					 33.16.150
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.205 - Supplemental condition of parole

Current through May 31, 2024
(a) In addition to
				the standard conditions of parole set out in
				22 AAC 20.200, the board may
				impose any supplemental condition that reasonably relates to the parolee's
				offense, prior record, prior behavior, medical condition, current
				circumstances, or perceived risk to the community. Absent an emergency
				situation, the board will not impose supplemental conditions until the prisoner
				or parolee has had an opportunity to comment upon the proposed supplemental
				conditions.
(b) Authority for
				imposition of supplemental conditions is delegated to any member of the
				board.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.150
AS
					 33.16.160
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.207 - Search of parolees

Current through May 31, 2024
(a) A parolee may be searched if the board
				imposes a supplemental search condition under
				22 AAC 20.205.
(b) A search must be conducted at a
				reasonable time and in a reasonable manner. An unscheduled search is permitted
				as long as it does not constitute harassment.
Authority:
AS
					 33.16.010
AS 33.16.060
AS
					 33.16.150
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.210 - Parole officer-imposed condition

Current through May 31, 2024
The parole officer may impose a supplemental condition of
				  parole any time during the period of parole subject to
				  AS
				  33.16.150,
				  AS
				  33.16.160, and
				  22 AAC 20.220. Any permanent
				  condition imposed by a parole officer must be put into writing by the parole
				  officer, a copy given to the parolee as soon as practicable, and a copy sent to
				  the board. Special one-time instructions need not be reduced to
				  writing.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.150
AS
					 33.16.160
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.215 - Modification of board-imposed conditions of parole

Current through May 31, 2024
(a) Only the board
				has the authority to remove or, except as provided in
				AS
				33.16.160(c) and (d), to
				change a condition imposed by the board. In the board's discretion, a condition
				imposed by the board will be removed or changed, or a condition added, at any
				time during the parole period.
(b)
				A request to change board-imposed conditions of parole will be handled as
				follows:
(1) the board will, in its
				discretion, modify parole conditions on its own motion for good
				cause;
(2) the parole officer may
				request a modification of parole conditions by submitting a written request to
				the board;
(3) if the prisoner has
				not yet been released from custody on parole, the prisoner must submit a
				written request to the institutional parole officer; the institutional parole
				officer shall forward the request to the board office with the parole officer's
				recommendation; the board will make a decision, based upon the case file
				material available, no later than 60 days after receipt of the completed
				request; the board will not interview the parolee; the board will provide the
				parolee and the department a written summary of the decision and the reason for
				the decision;
(4) if the parolee
				has been released from custody, the parolee must submit a written request to
				the field parole officer; the field parole officer shall forward the request to
				the board office with the parole officer's recommendation; the board will make
				a decision, based upon the case file material available, no later than 60 days
				after receipt of the completed request; the board will not interview the
				parolee; the board will provide the parolee and the department a written
				summary of the decision in writing and the reason for the decision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.225 - Reasons for modification

Current through May 31, 2024
The board will, in its discretion, change the conditions of
				  parole for the following reasons:
(1)
				a condition is no longer necessary for either the protection of the public or
				rehabilitation of the parolee;
(2)
				an additional condition is necessary because of changed circumstances, for
				either the protection of the public or rehabilitation of the parolee;
(3) the board determines that a condition is
				inappropriate because of changed circumstances; or
(4) any other reason deemed sufficient by the
				board.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.150
AS
					 33.16.160
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.230 - Conditions on interstate parolee

Current through May 31, 2024
(a) An adult
				parolee from another state who is in this state, and who is under the
				jurisdiction of
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision), is subject to
				22 AAC 20.195 -
				22 AAC 20.225.
(b) The Alaska supervising parole officer
				may, or the board will, in its discretion, impose the standard Alaska parole
				conditions and supplemental conditions, in addition to those of the sending
				state, if authorized by the sending state.
Authority:
AS
					 33.16.060
AS 33.16.150
AS 33.16.160
AS
					 33.36.110
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.235 - Release to an approved plan

Current through May 31, 2024
(a) All
				discretionary parole releases are granted subject to an approved parole plan.
				Release is also subject to verification of the parole plan by the department.
				Within one week after a decision of the board to grant parole, the
				institutional parole officer shall send the preparole report and parole plan to
				the field parole officer for investigation. If the parole date is at least
				three months away, this material shall be sent to the field parole officer at
				least 30 days before the parole release date. The field parole officer shall
				notify the institutional parole officer and the board of the results of the
				investigation within two weeks after receipt of the preparole report and parole
				plan.
(b) Except in unusual
				circumstances or for special medical parole releases, parole will be granted
				only to full-time employment, to full-time vocational or on-the-job training,
				to a full-time residential treatment program, to a community residential
				center, to full-time education, to a verified detainer, or to a combination of
				these plans.
(c) If the applicant
				is being paroled to a detainer, the prisoner may be released only to the
				appropriate officials from the jurisdiction exercising the detainer.
(d) If parole is to an interstate plan, the
				department will escort the prisoner to the airport for boarding of the flight
				to the receiving state. The parolee will not be permitted to remain in
				Alaska.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.085
AS 33.16.130
AS
					 33.16.150
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.240 - Preconditions

Current through May 31, 2024
The board will, in its discretion, establish preconditions
				  that must be accomplished before the prisoner is released to parole
				  supervision. All preconditions established by the board must be met before the
				  prisoner may be released to parole.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.130
AS
					 33.16.150
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.245 - Release date

Current through May 31, 2024
(a) If parole is granted, the board will set
				the earliest release date, and the prisoner may not be released before that
				date. A prisoner must be released as soon as possible after that date once an
				approved parole plan has been verified. A prisoner's release may be delayed up
				to 120 days after the release date set by the board without an additional
				hearing, while the prisoner is developing a viable parole plan. It is the
				responsibility of the prisoner to work with the institutional parole officer
				and the field parole officer to develop a viable parole plan.
(b) If the parolee has been unable to develop
				a viable parole plan within 90 days after the release date set by the board,
				the parolee will not be released and shall appear before the board at the next
				regularly scheduled board hearing at the facility where the prisoner resides or
				on another date set by the board. The parolee must present a viable parole plan
				at this hearing.
(c) If the parolee
				has been granted parole to an interstate plan and the receiving state has
				rejected the case, the parolee may not be released and shall appear at the next
				regularly scheduled board hearing after the rejection. If the parolee's case is
				still pending acceptance by the receiving state or if a plan has been
				resubmitted for interstate approval, no hearing is necessary.
(d) If the prisoner has been granted parole
				to a detainer or other legal process, and the receiving agency has notified the
				board that it no longer wishes to exercise its detainer, the prisoner's case
				will be considered at the next regularly scheduled board hearing at the
				facility where the prisoner resides or on another date set by the board after
				receipt of this notification.
Authority:
AS
					 33.16.060
AS
					 33.16.150
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.250 - When parole effective

Current through May 31, 2024
Parole does not become effective until the parole plan has
				  been verified by the department, and the order of parole has been signed by the
				  prisoner and witnessed by a department employee or, in a contract correctional
				  facility, by the department's representative.
Authority:
AS
					 33.16.060
AS
					 33.16.130
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.255 - Parole expiration date

Current through May 31, 2024
(a) A prisoner released on parole remains on
				parole until midnight of the parole expiration date.
(b) A parole expiration date is suspended
				upon the issuance of an arrest warrant or summons to appear by the board or, in
				the case of an interstate parolee, by the board's designee.
Authority:
AS
					 33.16.060
AS
					 33.16.200
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 6 - Discretionary Parole Release Procedures › 22 AAC 20.260 - Refusal to sign order of parole

Current through May 31, 2024
If a prisoner granted discretionary parole refuses to sign
				  the order of parole, the prisoner will not be released on parole. The board
				  will again review the prisoner's case at the next regularly scheduled board
				  hearing at the correctional facility where the prisoner is housed. Refusal by
				  the prisoner to sign the conditions of parole will, in the board's discretion,
				  result in the board rescinding parole.
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.265 - Mandatory parole release and release planning

Current through May 31, 2024
(a) A prisoner
				serving a state sentence or sentences of imprisonment of at least two years
				shall be released on mandatory parole supervision after service of the sentence
				less time deducted for good conduct.
(b) A prisoner released on mandatory parole
				supervision remains in the custody of the board until the maximum term or terms
				to which the prisoner was sentenced on the state sentence or
				sentences.
(c) A prisoner due to be
				released on mandatory parole supervision under
				AS
				33.16.010 and
				AS
				33.20.040 is encouraged to work with
				institutional staff to develop a viable release plan as set forth in
				22 AAC 20.235. If requested by the
				prisoner, department staff will assist the prisoner in developing a release
				plan.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.120
AS
					 33.20.040
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.270 - Mandatory parole conditions

Current through May 31, 2024
(a) The board, or a
				board member designated by the board to act on behalf of the board, will impose
				conditions of parole on a prisoner released on mandatory parole. The provisions
				of 22 AAC 20.195 -
				22 AAC 20.225 and
				22 AAC 20.255 apply to a prisoner
				released on mandatory parole.
(b) A
				prisoner for whom the board is considering imposing a supplemental or special
				condition of parole under
				22 AAC 20.205 will be provided a
				reasonable opportunity to comment on the proposed condition before its
				imposition, absent exigent circumstances. If exigent circumstances preclude the
				opportunity for the prisoner to comment before the imposition of the
				supplemental condition, the prisoner may comment on the condition and seek its
				modification or deletion upon notice of the condition.
(c) A prisoner released on mandatory parole
				is subject to mandatory parole conditions and the prisoner will be required to
				follow all mandatory parole conditions imposed. Refusal to sign the conditions
				does not negate the parolee's responsibility to adhere to the
				conditions.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.150
AS 33.16.220
AS
					 33.20.040
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.271 - Mandatory reparole

Current through May 31, 2024
(a) The board may revoke mandatory parole in
				a mandatory parole revocation hearing, and subsequently release the prisoner on
				mandatory reparole.
(b) The board
				may grant mandatory reparole to the parolee before the new mandatory parole
				date under reasonable conditions determined by the board.
(c) A parolee serving mandatory reparole will
				be considered to be in a discretionary parole status. The provisions of this
				chapter relating to discretionary parole apply to a parolee on mandatory
				reparole.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.150
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.273 - Anticipatory mandatory parole revocation

Current through May 31, 2024
(a) When the board
				conducts a hearing to revoke all, or a portion, of the mandatory parole of a
				prisoner before the prisoners actual release on parole, the board will conduct
				that hearing as a final revocation hearing for purposes of
				AS
				33.16.220. A preliminary hearing is not
				required for the board to revoke all, or a portion, of the mandatory parole of
				a prisoner before the prisoner's actual release on parole.
(b) If mandatory parole is revoked under this
				section, the board will notify the prisoner as described in
				22 AAC 20.515.
Authority:
AS
					 33.16.010
AS 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.275 - Effect of revocation of mandatory parole

Current through May 31, 2024
A prisoner whose mandatory parole is revoked is required to
				  serve a term equal to the difference between the date of release on mandatory
				  parole and the maximum release date, unless the board revokes only a portion of
				  parole as reflected in the board's order. This term is reduced by good time
				  after revocation.
Authority:
AS
					 33.16.010
AS 33.16.060
AS 33.16.220
AS 33.16.240
AS
					 33.20.010
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 7 - Mandatory Parole Release and Revocation › 22 AAC 20.277 - Victim notification of release on mandatory parole

Current through May 31, 2024
A victim who has requested notification of the prisoner's
				  release, and who has provided the commissioner with a current, valid mailing
				  address, will be provided with the following information by the
				  department:
(1) the expected date of
				release of the prisoner;
(2) the
				expected geographic area of release of the prisoner;
(3) the conditions of parole of the prisoner,
				without the prisoner's address; and
(4) the address of the parole office in
				Alaska that is expected to be responsible for the supervision of the
				prisoner.
Authority:
AS
					 12.55.185
AS 33.16.060
AS 33.16.100
AS 33.16.220
AS
					 33.16.260
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 8 - Discharge from Parole › 22 AAC 20.280 - Request for discharge from parole

Current through May 31, 2024
(a) A parolee,
				supervising parole officer, or the board may request that a parolee be
				discharged from parole. A request from a parolee must be submitted in writing
				to the parole officer and then forwarded to the board with the parole officer's
				recommendation. A request from the parole officer must be submitted in writing
				to the board.
(b) If the board
				receives a request for discharge from parole, or at the request of the board,
				the parole officer must submit a comprehensive report containing a
				chronological description of the parolee's behavior and adjustment since
				released on parole. The report must include the position of the parolee's
				victim regarding the request, if the victim maintains a current, valid mailing
				address on file with the department.
(c) If the board receives a request for
				discharge, the board will review the case as time and resources of the board
				permit.
(d) In determining whether
				or not to grant the request, all relevant case material as set out in
				22 AAC 20.110 and
				22 AAC 20.165 will be considered,
				as well as information regarding the parolee's behavior and medical condition
				since released on parole. The board will also consider whether the parolee has
				satisfied the requirements of
				AS
				33.16.210.
Authority:
AS
					 33.16.060
AS
					 33.16.210
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.285 - Purpose of rescission hearings and applicable procedures

Current through May 31, 2024
The purpose of a rescission hearing is to determine if a
				  change in circumstances or new information in a prisoner's case warrants a
				  conclusion by the board that an earlier decision to release the prisoner on
				  discretionary parole is inconsistent with
				  AS
				  33.16.100, and thus should be rescinded. A
				  parole rescission hearing is governed by the procedures set out in
				  22 AAC 20.095 -
				  22 AAC 20.100,
				  22 AAC 20.125,
				  22 AAC 20.150(h) and (j)-(o),
				  22 AAC 20.165(a)
				  -(c) and (e)-(g), and
				  22 AAC 20.325 -
				  22 AAC 20.330.
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.290 - Reasons for rescission

Current through May 31, 2024
Discretionary parole will, in the board's discretion, be
				  rescinded for any of the following reasons:
(1) the prisoner is found guilty at a
				disciplinary hearing of violating a rule of a correctional facility;
(2) the prisoner is found guilty of a new
				criminal charge;
(3) the prisoner
				is found guilty of violating community program rules while on
				furlough;
(4) the prisoner fails to
				comply with any precondition of parole established by the board;
(5) the prisoner is found by the board to
				have willfully concealed, misrepresented, or withheld information or given
				fraudulent information deemed significant by the board;
(6) the board determines that there has been
				a significant change in the prisoner's parole plan, or the board discovers new
				information concerning the prisoner or the prisoner's parole plan, affecting
				the prisoner's suitability for parole under
				AS
				33.16.100;
(7) the prisoner is unwilling or unable to
				develop a viable parole plan; or
(8) the prisoner fails to sign the order of
				parole.
Authority:
AS
					 33.16.060
AS 33.16.100
AS
					 33.16.130
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.295 - Parole suspended pending rescission hearing

Current through May 31, 2024
(a) Any time after
				a prisoner is granted discretionary parole, the board may suspend the order of
				parole, and if sufficient cause is shown, rescind the order of parole. Parole
				may be suspended for any of the reasons set out in
				22 AAC 20.290.
(b) If reasonable grounds exist to believe
				that a prisoner has engaged in conduct set out in
				22 AAC 20.290, the department
				shall notify the board. The prisoner may not be released to parole status
				pending a rescission hearing. If parole rescission action is initiated, the
				rescission hearing is governed by the procedures set forth in
				22 AAC 20.300 -
				22 AAC 20.315.
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.300 - Notification to prisoner, board, and victim

Current through May 31, 2024
The department shall notify in writing the prisoner, the
				  board, and a victim who participated in the prisoner's parole hearing that
				  parole might be rescinded and of the basis for the possible rescission. When
				  the board has established a date and time for the rescission hearing,
				  notification shall be given to the prisoner and victim at least 72 hours before
				  the rescission hearing.
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.305 - Preliminary rescission hearing

Current through May 31, 2024
(a) The purpose of
				a preliminary rescission hearing is to determine if there is reason to believe
				that the circumstances set out in
				22 AAC 20.290 exist, and if so,
				whether or not the prisoner should be released on parole pending a review of
				the prisoner's case by the board.
(b) A hearing officer shall conduct a
				preliminary rescission hearing within 15 working days after the date the
				prisoner was due to be released to parole supervision. However, a preliminary
				rescission hearing is not required if the board holds a final rescission
				hearing within 20 working days after the date the prisoner was due to be
				released to parole supervision.
(c)
				The board will normally accept a finding by the department, court, or contract
				provider as proof of a violation under
				22 AAC 20.290(1)
				- (3).
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.310 - Imprisonment or release pending final rescission hearing

Current through May 31, 2024
The hearing office shall determine whether the behavior under
				  22 AAC 20.290(1)
				  - (8) is of such magnitude that the prisoner may not be released pending a
				  review by the board. However, the hearing officer may not release the prisoner
				  to parole if
(1) the behavior would be
				a violation of the law, punishable by imprisonment;
(2) the behavior would constitute a major or
				high moderate infraction under
				22 AAC 05.400;
(3) the behavior would fall within
				22 AAC 20.290(4)
				- (8).
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 9 - Parole Rescission Hearings › 22 AAC 20.315 - Final rescission hearing

Current through May 31, 2024
A prisoner for whom a finding has been made at a preliminary
				  rescission hearing that there is reason to believe that the circumstances set
				  out in 22 AAC 20.290 exist, will be
				  scheduled for a final rescission hearing at the next regularly scheduled board
				  hearing at the facility where the prisoner is incarcerated or another date set
				  by the board, unless a continuance is granted. The board may grant a
				  continuance if
(1) new criminal
				charges are pending;
(2)
				disciplinary action is pending;
(3)
				a community program regulation violation is pending;
(4) for reasons outside the control of the
				board, the prisoner is not available for a hearing at the designated time and
				place; or
(5) for other good and
				sufficient reason.
Authority:
AS
					 33.16.060
AS
					 33.16.100
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 10 - Hearing Officers › 22 AAC 20.320 - Definition and authority

Current through May 31, 2024
Hearing officers are persons designated by the board to
				  conduct preliminary parole revocation hearings, preliminary hearings relating
				  to changes in parole conditions and preliminary parole rescission hearings.
				  Only a member of the board or staff designated by the board may serve as a
				  hearing officer.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 10 - Hearing Officers › 22 AAC 20.325 - Responsibilities of the hearing officer

Current through May 31, 2024
A hearing officer has the following responsibilities:
(1) the hearing officer will preside at the
				hearings specified in
				22 AAC 20.220,
				22 AAC 20.305 and
				22 AAC 20.400, and will rule on
				the admissibility of evidence, procedural challenges, or other matters in
				dispute at a hearing;
(2) the
				hearing officer will determine the weight to be given any evidence or testimony
				presented at a hearing;
(3) the
				hearing officer will be the trier of fact;
(4) if the hearing officer determines that a
				witness might be subject to a risk of harm if the witness' identity is
				disclosed, the hearing officer may examine the witness outside the presence of
				the prisoner/parolee and his or her attorney;
(5) the hearing officer shall complete a
				hearing decision order within two working days after completion of a hearing;
				the order will set out the decision made by the hearing officer, the evidence
				used at the hearing, and the reasons for the decision;
(6) the hearing officer shall ensure that the
				parolee and parole officer are provided with a copy of the hearing decision
				order; and
(7) the hearing officer
				may continue the hearing to a future date if the hearing officer determines
				additional information is needed, or for other good cause.
Authority:
AS
					 33.16.060
AS
					 33.16.160
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 10 - Hearing Officers › 22 AAC 20.330 - Effect of decision order by hearing officer

Current through May 31, 2024
(a) The decision of
				the hearing officer at a preliminary hearing is not appealable to the
				board.
(b) A probable cause or
				non-probable cause finding by the hearing officer is not binding on the board
				at a final revocation or final rescission hearing or hearing to modify a parole
				condition.
(c) Despite a
				non-probable cause finding by a hearing officer at a preliminary hearing, the
				department may pursue a violation at a final revocation hearing.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 11 - Recording of Hearings › 22 AAC 20.335 - Hearings to be recorded

Current through May 31, 2024
(a) All hearings
				conducted under
				22 AAC 20.135,
				22 AAC 20.220(c),
				22 AAC 20.305,
				22 AAC 20.315,
				22 AAC 20.400, and
				22 AAC 20.485 will be
				electronically recorded.
(b) The
				board will maintain a tape or electronic recording of a discretionary parole
				hearing or a final revocation or final rescission hearing for three years after
				the date of the hearing. However, if the discretionary parole hearing or the
				final revocation or final rescission hearing is conducted at a Federal Bureau
				of Prisons facility, the board will maintain a tape or electronic recording of
				that hearing for five years after the date of the hearing. A tape or electronic
				recording of a preliminary revocation or preliminary rescission hearing will be
				maintained for one year after the date of the hearing, or until the final
				revocation or final rescission hearing is held, whichever is later.
(c) Notwithstanding (b) of this section, a
				hearing tape or electronic recording may be erased upon the discharge of the
				parolee from the custody of the board.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 11 - Recording of Hearings › 22 AAC 20.340 - Request for tape or electronic recording of hearing

Current through May 31, 2024
(a) The board will
				provide a copy of a tape or electronic recording of a hearing instead of a
				transcript of a board proceeding, as set out in this section.
(b) A copy of the hearing tape or electronic
				recording will be provided upon written request from an attorney representing a
				prisoner or representing a parolee involved in a hearing listed in
				22 AAC 20.335. A copy of the tape
				or electronic recording will be provided directly to the prisoner or parolee if
				the prisoner or parolee is not represented by an attorney.
(c) A request for the tape or electronic
				recording of a hearing must be made in writing to the headquarters office of
				the board.
(d) If the request for
				the tape or electronic recording of a hearing is made by an attorney that did
				not represent the prisoner or parolee previously at that hearing, documentation
				must accompany the request indicating that the attorney has been appointed for
				or retained by the prisoner or parolee.
(e) The board may charge a reasonable fee to
				cover the cost of the recording and staffing, not to exceed $20 and consistent
				with AS 40.25, for providing a tape or electronic recording.
(f) If the request for a tape or electronic
				recording of a hearing is for a purpose other than that related directly to
				board hearings, or the request is from a person other than the prisoner or
				parolee or the attorney representing the prisoner or parolee, the board will
				make a decision on the request consistent with
				AS
				33.16.170 and other relevant provisions of AS
				33.16.
The address for requesting a tape or electronic recording
					 referenced in
					 22 AAC 20.340 is Executive
					 Director, Alaska Board of Parole, 550 West 7th Avenue, Suite 1800, Anchorage,
					 Alaska 99501.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 11 - Recording of Hearings › 22 AAC 20.345 - Malfunction of equipment or destruction or loss of tape or electronic recording

Current through May 31, 2024
The failure or malfunction of the electronic recording
				  equipment at a hearing, or the loss of a tape or electronic recording, does not
				  invalidate the proceeding or any action taken at the hearing. The damage or
				  destruction of an electronic recording of a hearing while being copied does not
				  invalidate the proceeding or any action taken at the hearing.
Authority:
AS
					 33.16.060