Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 4 - Discretionary Parole Release Hearings › 22 AAC 20.150 - Applicant's responsibilities and procedural opportunities

Current through May 31, 2024
(a) The parole
				applicant shall provide the department's staff with all information requested
				for inclusion in the parole progress report.
(b) The applicant shall completely and
				truthfully fill out a parole application. The completed application must be
				turned in to the parole officer a minimum of seven weeks before the week of the
				scheduled board hearing. Failure to submit the completed application in a
				timely manner constitutes the applicant's waiver of the right to apply until
				the following hearing at the institution where the applicant is
				housed.
(c) The applicant shall
				obtain and provide the department's staff with written documentation of the
				parole plan. This should include verification of employment, job training,
				educational plan, treatment plan, housing, and other letters of reference
				relevant to the applicant's plan. An applicant expecting to return to a small
				community where no parole officer is located should obtain documentation from
				the community's governing body of its willingness to receive the applicant in
				the community.
(d) The applicant
				must be prepared to discuss any topic that could reasonably relate to the
				applicant's possible success or failure on parole. These topics include present
				offense, prior criminal or antisocial behavior, family situation, possible
				emotional problems, employment, training or treatment plans, medical treatment
				plans, institutional record, alcohol and drug use, relationships with other
				people, financial solvency, and release plans.
(e) The applicant should also be prepared to
				discuss possible conditions of parole if released and how these might relate to
				the applicant's adjustment in the community.
(f) The applicant should be prepared to
				discuss possible mandatory parole conditions if discretionary parole is denied
				and if the applicant is subject to mandatory parole.
(g) Payment for the residence, sustenance,
				transportation, programming, treatment, medical costs, or education of the
				applicant granted parole is solely the responsibility of the applicant. The
				board is not responsible for these costs.
(h) Discretionary parole release hearings are
				non-adversary hearings and an applicant is not entitled to legal representation
				except as set out in (n) of this section. The applicant has no right to present
				witnesses. The applicant may present any relevant written information from any
				interested person, group, or agency.
(i) The applicant must present written
				documentation of the proposed parole plan. This documentation must be supplied
				to the board through the applicant's institutional parole officer if the
				applicant is incarcerated in a state correctional facility. This documentation
				must be sent directly to the assigned parole officer if the applicant resides
				in a contract correctional facility, and the supervising parole officer for the
				contract facility shall provide the documentation to the board.
(j) The applicant will be interviewed by a
				quorum of the board. The applicant may make any relevant comments to the board,
				subject to
				22 AAC 20.095(d).
				Interviews may be conducted in person, telephonically, by electronic
				videoconferencing or teleconferencing, or through any combination of these
				formats.
(k) The applicant may
				waive the board's consideration of the applicant's case by signing a waiver. An
				applicant who, after notice, does not come to the hearing when requested will
				be considered to have waived consideration for parole.
(l) The applicant may request reconsideration
				under 22 AAC 20.175 of a decision to
				continue the applicant's case or deny the applicant further parole
				consideration.
(m) The applicant
				may request a special review under
				22 AAC 20.185 -
				22 AAC 20.190.
(n) An attorney may represent the applicant
				at the hearing. Only a person who is licensed to practice law, or who is
				practicing consistent with the limitations in
				AS
				08.08.210(d) and
				AS
				18.85.060, may represent the applicant. The
				applicant is responsible for obtaining any representation. The board, the
				department, and the staff of any contract correctional facility are not
				responsible for arranging or paying for representation. The board will not
				allow any other prisoner advocate.
(o) The applicant will be provided a copy of
				the parole progress report and attachments and have access to other records to
				be considered by the board, subject to
				AS
				33.16.170(b). The applicant
				will be given a summary of any document provided to the board but withheld from
				the applicant under
				AS
				33.16.170(c).
(p) The applicant may make any relevant
				comments about possible supplemental conditions of discretionary parole,
				subject to
				22 AAC 20.095(d).
(q) The applicant may make any relevant
				comments about possible mandatory parole conditions if the applicant is subject
				to mandatory parole, subject to
				22 AAC 20.095(d).
(r) Repealed 8/28/2015.
(s) The applicant may not question a victim
				who testifies before the board except as described in
				22 AAC 20.105(c).
Authority:
AS
					 33.16.060
AS 33.16.100
AS 33.16.130
AS 33.16.150
AS 33.16.170
AS
					 33.16.230