reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.350 - Reporting of parole violations

Current through May 31, 2024
(a) An alleged
				parole violation that could constitute felony behavior must be reported to the
				board within five working days after the parole officer becomes aware of the
				alleged violation.
(b) An alleged
				violation that could constitute serious misdemeanor behavior must be reported
				to the board within 10 working days after the parole officer becomes aware of
				the alleged violation. For purposes of this section, serious misdemeanor
				behavior means any misdemeanor behavior that, when considered with all relevant
				case material available on the parolee, indicates that the parolee is a danger
				to the public.
(c) If a parolee
				fails to report to the parole officer as required, the parole officer may
				notify the board that the parolee is an absconder. The parole officer shall
				notify the board that a parolee is an absconder if the parolee fails to report
				within five working days after release to parole supervision or the parolee
				fails to report for two consecutive reporting periods. The parole officer shall
				report an absconder no later than five working days after the parolee is
				classified as an absconder.
(d)
				Behavior other than that set out in (a) - (c) of this section which could
				constitute a violation of parole does not have to be reported to the board
				immediately. Reporting of the violation may be held in abeyance in the
				discretion of the parole officer.
(e) Despite (a) - (c) of this section, a
				parole officer may, for good cause, recommend that the board take no action to
				revoke parole, in spite of the alleged violations.
Authority:
AS
					 33.16.060
AS 33.16.180
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.355 - How violations reported

Current through May 31, 2024
Parole officers shall report parole violations on the parole
				  violation report forms approved by the board.
Authority:
AS
					 33.16.060
AS 33.16.180
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.360 - Basis for revocation and no immunity

Current through May 31, 2024
Except as provided in
				  22 AAC 20.273, any behavior that
				  could constitute a parole violation occurring after the parolee has been
				  granted parole may be used as the basis for parole revocation. Neither the
				  parole officer nor any other person may grant immunity from possible revocation
				  on behalf of the board.
Authority:
AS
					 33.16.060
AS 33.16.180
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.365 - Timeframe for issuance of parole violation warrant or summons to appear

Current through May 31, 2024
(a) On or before the date parole is due to
				expire, and except as provided in (b) of this section, the board will issue a
				parole violation warrant or a summons for a parolee to appear.
(b) Notwithstanding (a) of this section, the
				board may [WILL, IN ITS DISCRETION,] issue a warrant or summons after the
				expiration date if the parolee
(1) was
				arrested on or before the expiration date; or
(2) is alleged to have committed a violation
				under 22 AAC 20.350(a) or (b) during the parole period and the board
				learns of the violation after the date parole expired.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.370 - Effect of issuance of warrant or summons to appear

Current through May 31, 2024
(a) The issuance of a parole violation
				warrant, the arrest of the parolee, or the issuance of a summons for a parolee
				to appear suspends the supervision time of the parolee. The parolee's sentence
				is stopped until a final revocation decision by the board. Time spent in
				custody pending revocation proceedings will be credited toward the unexpired
				term of imprisonment of the parolee.
(b) A parole violation committed by a parolee
				after the issuance of a parole violation warrant or summons to appear may be
				considered as an additional ground in support of a proposed revocation of
				parole.
Authority:
AS
					 33.16.060
AS 33.16.220
AS
					 33.16.240
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.375 - Length of time warrant is valid

Current through May 31, 2024
A parole violation warrant remains active and valid until
				  executed through the arrest of the parolee, or until the warrant is withdrawn
				  by the board.
Authority:
AS
					 33.16.060
AS
					 33.16.240
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.400 - Purpose of preliminary revocation hearing

Current through May 31, 2024
The first purpose of a preliminary revocation hearing is to
				  determine whether there is probable cause to believe that a parolee arrested
				  and returned to a correctional facility has committed a new crime or has
				  violated any of the conditions of parole. If probable cause is found, the
				  second purpose is to determine whether the parolee should remain in custody
				  pending a final revocation hearing. If the parolee is released, the hearing
				  officer may modify existing parole conditions or impose additional parole
				  conditions.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.405 - How preliminary revocation hearings are conducted

Current through May 31, 2024
(a) A preliminary
				revocation hearing will be conducted by a hearing officer designated by the
				board. The hearing will be conducted as informally as possible. However, the
				hearing officer may terminate testimony or questioning of a witness if it
				becomes irrelevant, repetitious, or argumentative.
(b) The hearing officer is in charge of the
				preliminary hearing and is responsible for ruling on any matters considered at
				the hearing.
(c) The hearing will
				be split into two phases. During phase I, testimony will be taken relating only
				to allegations of violation of parole conditions. Before proceeding to phase II
				of the hearing, the hearing officer will make a finding on the violations
				alleged, or continue the hearing as set out in
				22 AAC 20.420. During phase II,
				any other testimony or evidence relevant to the decision to release or
				incarcerate the violator pending the final hearing, or to release or revoke the
				parole of the violator at the final hearing, will be considered. The hearing
				officer will consider conditions of release at phase II.
(d) Despite (c) of this section, the hearing
				officer may combine phases I and II of the hearing if that action will assist
				in the reasonable operation of the hearing. The hearing officer may consider
				the views of the parole officer and the parolee in making this
				decision.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.415 - Probable cause determination and court rules inapplicable

Current through May 31, 2024
(a) The
				determination by the hearing officer of whether probable cause exists will be
				made based upon all information presented at the preliminary revocation
				hearing, including affidavits, reports, other written documents, and individual
				testimony. Probable cause is established if the evidence presented and the
				inferences that may be drawn from the evidence are sufficient to warrant a
				reasonable person to believe that the parolee has committed an act that would
				constitute a violation of a law or of a condition of parole.
(b) If probable cause is established, the
				decision of whether to release the parolee and under what conditions pending
				the final revocation hearing will be based upon all information presented at
				phase II of the hearing and upon all other information and case records
				previously available to the board regarding the parolee.
(c) Rules regarding admissibility of evidence
				in use by the Alaska court system do not apply at a parole hearing. Hearsay
				evidence is admissible at a parole hearing, and the board or hearing officer
				will determine the reliability and the weight to give the evidence.
(d) A statement, testimony, or physical
				information obtained in a manner that would render it inadmissible in a
				criminal proceeding may be submitted and considered at a revocation
				hearing.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.420 - Preliminary revocation hearing decisions available to hearing officer

Current through May 31, 2024
(a) The hearing officer may determine that
				probable cause has not been established to believe that the parolee has
				violated a law or condition of parole, in which case the parolee must be
				returned to parole supervision to an approved plan under parole
				conditions.
(b) The hearing officer
				may find that probable cause has been established to believe that the parolee
				has violated a law or a condition of parole, but may return the parolee to
				supervision pending the final revocation hearing, subject to any additional
				conditions of parole. The release of a prisoner to supervision is subject to
				the requirements of
				AS
				33.16.220(c)(5) for a
				violation involving an act of domestic violence.
(c) The hearing officer may find that
				probable cause has been established to believe that the parolee has committed a
				violation of a law or a condition of parole, and order that the parolee remain
				in custody pending the final revocation hearing.
(d) The hearing officer may continue the
				hearing at the request of either party or upon the hearing officer's own
				initiative. The hearing officer may continue the hearing if the hearing officer
				believes additional information needs to be presented before a finding is made
				or before a decision on whether to release is made. If this option is chosen,
				reasonable attempts will be made to complete the hearing within 15 working days
				after the continuance of the hearing. However, a continuance will be for the
				time required in the interest of justice. A continuance may be granted only
				when it is supported by good cause.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.425 - Hearing officer's finding and order

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, the hearing officer shall issue a verbal
				finding and order at the completion of the preliminary revocation hearing,
				which sets out the decision of the hearing officer and the reasons supporting
				the decision.
(b) If the hearing
				officer continues the hearing to a later date without making a finding, the
				hearing officer's reason for that decision must be stated at the time the
				hearing is continued.
(c) The
				hearing officer will complete the written order within two working days after
				the completion of the hearing, including the information set out in (a) or (b)
				of this section.
(d) The decision
				of the hearing officer is final and not appealable to the board.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.430 - Parolees eligible for a preliminary revocation hearing

Current through May 31, 2024
(a) The following
				parolees have a right to a preliminary revocation hearing under
				AS
				33.16.220 if incarcerated for a parole
				violation:
(1) any Alaska parolee subject to
				the jurisdiction of the Alaska Parole Board;
(2) any adult parolee being supervised in
				this state under
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision);
(3) any
				other adult parolee in this state, but not being supervised in this state under
				AS
				33.36.110 (Interstate Compact for Adult
				Offender Supervision), if the state having parole jurisdiction over the parolee
				has requested that a hearing be held in this state.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.435 - Right to attorney

Current through May 31, 2024
(a) A parolee has a right to an attorney at a
				preliminary revocation 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 a parolee, except as
				provided in (d) of this section.
(b) A parolee requesting the assistance of
				counsel under (a) of this section will be given a reasonable period of time to
				seek and obtain the assistance of an attorney. The board will, in its
				discretion, continue a hearing to allow the parolee reasonable time to obtain
				the assistance of an attorney.
(c)
				A parolee found not eligible for the services of the Public Defender Agency or
				alternate public counsel, has the sole responsibility for arranging, providing
				for, and financing his or her legal representation.
(d) An Alaska parolee on supervision in
				another state will be provided legal assistance according to the laws and rules
				of that jurisdiction.
Authority:
AS
					 18.85.060
AS 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.445 - Notification of hearing and alleged violations

Current through May 31, 2024
The parole officer shall provide the parolee with
				  notification of the preliminary revocation hearing at least 72 hours before the
				  hearing. The notification must include the date, location, approximate time of
				  the hearing, and the alleged parole violations.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.450 - Supplemental allegations

Current through May 31, 2024
Supplemental allegations charging additional parole
				  violations may be made at any time preceding a final revocation hearing by the
				  parole board, but must be served on the parolee as set out in
				  22 AAC 20.445.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.455 - Amendment or correction of allegations

Current through May 31, 2024
(a) Allegations
				referred to in
				22 AAC 20.445 -
				22 AAC 20.450 may be amended or
				corrected at any time by the parole officer or board before a hearing begins or
				during the hearing, with the permission of the board.
(b) Allegations referred to in
				22 AAC 20.445 -
				22 AAC 20.450 may be dismissed by
				the parole officer at any time before the completion of the final revocation
				hearing.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.460 - Testimony and evidence

Current through May 31, 2024
At a preliminary revocation hearing the parolee has the right
				  to present testimony, documents, and other relevant evidence relating to a
				  violation and has the rights set out in
				  22 AAC 20.465 -
				  22 AAC 20.475.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.465 - Witnesses

Current through May 31, 2024
(a) If the parolee is represented by an
				attorney at a preliminary revocation hearing, it is the responsibility of the
				attorney to arrange for the appearance of witnesses. If an incarcerated parolee
				is not represented by an attorney, institutional staff shall give the parolee
				reasonable opportunity to make contacts necessary to assure the appearance of
				witnesses at the hearing.
(b) The
				parolee has the right to call witnesses who might have relevant information
				concerning the alleged violations. These persons may not be merely character
				witnesses. The parolee assumes the responsibility for the appearance of any
				witness at the parolee's request. The state may also call witnesses, and the
				board may call witnesses on its own motion. Prior notice not later than 45 days
				after a parolee is arrested or summonsed must be provided to all parties and
				the board of the intention to call a witness at a final revocation hearing.
				When a late request is received, the board will make every effort to provide
				adequate time for the witness to testify at the hearing. If the request to call
				a witness is not timely, and there is insufficient time allotted to allow the
				witness to testify at the hearing, the board will allow the parolee to proceed
				with the hearing as scheduled without the witness, to begin the hearing on the
				scheduled date and at the conclusion of the allowable time, to continue the
				remainder of the hearing to a later date, or to continue the entire hearing.
				Subject to
				22 AAC 20.100(d),
				all witnesses will be sworn, will testify under oath, and are subject to
				questioning by the board or hearing officer regarding anything that might be
				relevant to the parolee's case. Only one witness will be allowed in the hearing
				at a time. Subject to
				22 AAC 20.102, a minor may be
				called as a witness.
(c) The
				parolee may cross-examine adverse witnesses testifying at the hearing unless
				the board or hearing officer determines that a witness might be subject to risk
				of harm if the witness's identity is disclosed. A witness determined to be
				subject to a risk of harm will be interviewed by the hearing officer or board
				in camera, and the board will provide the parolee with a summary of the
				information obtained with as much specificity as the circumstances allow. The
				state may cross-examine any witness appearing on behalf of the parolee. The
				hearing officer or board may question any witness.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.470 - Access to adverse material regarding allegations

Current through May 31, 2024
The parolee must be given a copy of the parole violation
				  report and other adverse material provided to the board, subject to the
				  provisions of
				  AS
				  33.16.170(b) and
				  (c).
Authority:
AS
					 33.16.060
AS 33.16.170
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.475 - Right to remain silent

Current through May 31, 2024
At a preliminary revocation hearing the parolee has the right
				  to remain silent only regarding those questions or allegations relating to
				  pending criminal charges or other matters that may directly incriminate the
				  parolee. The parolee's refusal to answer questions about any other allegation
				  or matter may be used against the parolee by the hearing
				  officer.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.480 - Responsibility for expenses

Current through May 31, 2024
The parolee is responsible for any expenses incurred by the
				  parolee or on the parolee's behalf in preparation for or presentation at the
				  preliminary revocation hearing. The department is responsible for any expenses
				  incurred by its employees or on its behalf in preparation for or presentation
				  at the hearing. The board is responsible only for the expense of having a
				  hearing officer or the board present to conduct the hearing.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.485 - Purpose of final revocation hearing

Current through May 31, 2024
The purpose of a final revocation hearing is for the board to
				  determine whether the parolee has violated any parole condition. If the parolee
				  is found to have violated a condition of parole by a preponderance of the
				  evidence, the board will decide whether or not to revoke all or a portion of
				  the parole or to change any condition of parole.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.490 - Other regulations applicable

Current through May 31, 2024
The following provisions of this chapter also apply to a
				  final revocation hearing:
				  22 AAC 20.095 -
				  22 AAC 20.102,
				  22 AAC 20.165(f) and (g),
				  22 AAC 20.271,
				  22 AAC 20.273,
				  22 AAC 20.430(a) (1),
				  22 AAC 20.435 and
				  22 AAC 20.445 -
				  22 AAC 20.480.
Authority:
AS
					 33.16.060
AS 33.16.220
AS 33.16.230
AS
					 33.16.240
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.495 - Location of final revocation hearing

Current through May 31, 2024
The final revocation hearing will be conducted at a location
				  designated by the board.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.500 - Parole board is the trier of fact

Current through May 31, 2024
The board is the trier of fact at a revocation hearing. The
				  members shall judge the credibility of witnesses and relevancy of information,
				  and determine the weight and reliability to be given the testimony of witnesses
				  and other evidence.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.505 - Miscellaneous final revocation hearing provisions

Current through May 31, 2024
(a) At a final
				revocation hearing a parolee may not relitigate issues determined against the
				parolee in other forums including courts or disciplinary or other
				administrative hearings.
(b) The
				board will, in its discretion, find a parolee guilty of a parole violation that
				would constitute a violation of a law, even if there is no new
				conviction.
(c) A finding of not
				guilty in a criminal prosecution does not bar the use of the same or related
				evidence to revoke parole.
(d) If a
				parolee in custody receives notice of the parolee's final revocation hearing,
				and after receiving notice refuses to attend the hearing when requested,
(1) the parolee waives the right to be
				present at the hearing; and
(2) the
				board will conduct the hearing in the parolee's absence.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.510 - Decisions available to the board

Current through May 31, 2024
(a) The board may
				make any of the following decisions at a final revocation hearing:
(1) find no violation of parole conditions,
				and return the parolee to an approved parole plan;
(2) find that the parolee has violated
				conditions of parole, and return the parolee to supervision with a
				warning;
(3) find that the parolee
				has violated conditions of parole, revoke parole: and continue the parolee's
				case for review at any future board meeting;
(4) find that the parolee has violated
				conditions of parole, revoke any portion of the parole: and deny the parolee
				further parole consideration during the remainder of the sentence;
(5) find that the parolee has violated
				conditions of parole, revoke the parole: and subject to any preconditions
				established by the board, reparole the parolee; or
(6) continue the revocation hearing to a
				future hearing for additional information, to await the resolution of pending
				criminal charges, or for other good and sufficient cause.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.512 - Effect of revocation of discretionary parole

Current through May 31, 2024
A prisoner whose discretionary parole is revoked is required
				  to serve the remainder of the sentence that the prisoner was sentenced to
				  serve.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 12 - Parole Violations › 22 AAC 20.515 - Notification of decision

Current through May 31, 2024
If parole is revoked at the final revocation hearing, the
				  board, within 30 days after the decision, will provide the parolee with a copy
				  of the order revoking parole. In the order, the board will summarize the
				  evidence used as the basis for the determination of the violation.
Authority:
AS
					 33.16.060
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 13 - Disclosure of Information by Board Member › 22 AAC 20.520 - Board member must disclose information

Current through May 31, 2024
(a) A board member
				who receives information about a prisoner or parolee through means other than
				official board channels, shall disclose that information to other board members
				before a hearing on the prisoner's/parolee's case. If the information is relied
				upon by the board in its deliberations, the prisoner/parolee must be provided
				an opportunity to comment on it.
(b) A board member shall disclose any prior
				personal involvement with a prisoner or parolee or the prisoner's or parolee's
				immediate family, to the other board members before a hearing on the
				prisoner's/parolee's case.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 14 - Disqualification of Board Member or Hearing Officer › 22 AAC 20.525 - Who may disqualify a member

Current through May 31, 2024
For a reason set out in
				  22 AAC 20.530 a board member may
				  be disqualified from voting or participating in a parole release, revocation,
				  or rescission hearing, as follows:
(1)
				a board member may disqualify himself or herself;
(2) a board member may be disqualified by a
				majority vote of the other board members present at the hearing for any of the
				reasons set out in
				22 AAC 20.530;
(3) a board member may be disqualified under
				AS
				39.52.210-39.52.260 by the board
				chair.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 14 - Disqualification of Board Member or Hearing Officer › 22 AAC 20.530 - Reasons for disqualification

Current through May 31, 2024
(a) A board member
				may be disqualified if it is determined that the member has had personal
				involvement with the prisoner/parolee or prisoner's/parolee's immediate family
				which could unfairly influence the member's vote. This does not include any
				official contact with the prisoner/parolee in the member's capacity as a board
				member.
(b) A board member may be
				disqualified if it is determined that the member has been the victim of a crime
				committed by the prisoner, or participated in the prosecution, defense, bail,
				temporary release, or sentencing of the prisoner regarding the present offense.
				This does not include any official contact with the prisoner in the member's
				capacity as a board member.
(c) A
				board member may be disqualified if it is determined that
(1) the member has had some previous contact
				with the prisoner as a result of the board member's regular
				profession;
(2) this contact made
				information available to the board member that would not have otherwise been
				available to the board; and
(3)
				this information could unfairly influence the board member's vote.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 14 - Disqualification of Board Member or Hearing Officer › 22 AAC 20.535 - Disqualification of hearing officer

Current through May 31, 2024
(a) The provisions
				of 22 AAC 20.525 and
				22 AAC 20.530, where applicable,
				apply to hearing officers as well as board members.
(b) A board member serving as a hearing
				officer may disqualify oneself or may be disqualified by the board
				chair.
(c) A board staff person
				serving as a hearing officer may disqualify oneself or may be disqualified by
				the board chair or by the executive director.
Authority:
AS
					 33.16.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.600 - Eligibility for special medical parole

Current through May 31, 2024
(a) The board may
				provide a special medical parole hearing upon application for special medical
				parole by a prisoner, the prisoner's attorney on behalf of the prisoner, or the
				commissioner, if the prisoner meets the requirements of
				AS
				33.16.085.
(b) The board is the trier of fact in
				determining the qualification of a prisoner for special medical parole. In
				determining the qualification of a prisoner for special medical parole, the
				board will consider all information provided by the prisoner, by any
				representative of the prisoner approved under
				22 AAC 20.610(b),
				and by the department.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.605 - Application for special medical parole

Current through May 31, 2024
(a) An application
				for special medical parole must include the following items, submitted to the
				board through the department's assigned parole officer:
(1) a report of the prisoner's recent
				institutional status;
(2)
				documentation of the prisoner's medical condition;
(3) a plan for release of the prisoner and
				for any treatment of the prisoner after release;
(4) a copy of the court judgment and order of
				commitment for the current offense for which the applicant is
				incarcerated;
(5) the pre-sentence
				investigation report;
(6) the time
				accounting record;
(7) at the
				board's request, any additional information that the board considers relevant
				to determining eligibility for special medical parole.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.610 - Special medical parole hearings

Current through May 31, 2024
(a) Special medical
				parole hearings are nonadversary. The board may interview the applicant. The
				applicant may make any relevant comments to the board. Interviews may be
				conducted in person, telephonically, by electronic videoconferencing or
				teleconferencing, or through any combination of these formats.
(b) If an in-person hearing is not held by
				the board for an applicant for special medical parole, the applicant may make
				relevant written comments to the board. If the medical condition of the
				applicant does not allow for participation of the applicant at a scheduled
				hearing, the applicant may have a representative approved by the board or an
				attorney participate in the hearing on the applicant's behalf.
(c) At the hearing, an attorney may represent
				the applicant for special medical parole. 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.
(d) The board will consider information
				received up to the time that the special medical parole hearing is
				completed.
(e) The board will
				conduct special medical parole hearings at the next regularly scheduled board
				hearing held at the facility where the prisoner is incarcerated or on another
				date set by the board. However, upon a written request from the applicant or
				the commissioner, the board may conduct an emergency special medical parole
				hearing at a time designated by the board.
(f) The deliberations of the board members in
				arriving at a decision whether to grant or deny a request for special medical
				parole are confidential and only the members and staff of the board may be
				present. The vote of the individual board members and the "hearing decision
				vote sheet" are confidential and may not be disclosed to any person.
(g) The burden of providing information in
				support of the special medical parole application rests solely with the
				applicant.
(h) A special medical
				parole applicant may not re-litigate issues determined against the applicant in
				other forums, including disciplinary or other administrative hearings, or a
				judgment of conviction of a crime by a court.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.613 - Attendance at special medical parole hearings

Current through May 31, 2024
Attendance of persons at special medical parole hearings and
				  the appearance of witnesses are subject to
				  22 AAC 20.095 and
				  22 AAC 20.100 -
				  22 AAC 20.102. Victims are also
				  subject to
				  22 AAC 20.105.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.615 - Rights of victims at special medical parole hearings

Current through May 31, 2024
(a) If the board
				grants a request under
				22 AAC 20.610(e)
				to conduct an emergency special medical parole hearing, the department shall
(1) attempt immediate telephonic notification
				of the victim of the impending hearing; and
(2) no more than 10 working days after the
				hearing, notify the victim of the board's decision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.620 - Conditions of special medical parole

Current through May 31, 2024
(a) The applicant
				may make any relevant comments about possible supplemental conditions of
				special medical parole.
(b) The
				board is not responsible for the costs of residence, sustenance,
				transportation, programming, treatment, medical care, or education of a
				prisoner granted special medical parole.
(c) Release on special medical parole is
				granted subject to an approved parole plan, that is verified by the
				department.
(d) If a prisoner
				granted special medical parole refuses to sign the order of parole, the
				prisoner will not be released on parole. However, if the prisoner is unable to
				sign the order of parole due only to medical incapacity, the prisoner may be
				released upon written authorization of the board provided to the prisoner's
				parole officer.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.625 - Dispositions available to the board

Current through May 31, 2024
(a) The board will
				make one of the following decisions at a special medical parole hearing:
(1) parole an applicant to an approved parole
				plan; 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 15 - Special Medical Parole › 22 AAC 20.630 - Reconsideration of denial of special medical parole

Current through May 31, 2024
(a) The board will
				reconsider a decision denying an application for special medical parole only
				for one or more of 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;
(4) significant
				information was 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 15 - Special Medical Parole › 22 AAC 20.635 - Action following request for reconsideration for special medical parole

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) The board will rule on a request for
				reconsideration within 60 days after its receipt at the board office.
(c) If the board grants a request for
				reconsideration, the board will conduct a new hearing at a future hearing date
				set by the board.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.640 - Special review of decision on special medical parole

Current through May 31, 2024
(a) The board may
				grant a special review if it has continued a case or has denied an application
				for special medical parole only for one or more of the following reasons:
(1) vital information or substantial
				mitigating circumstances arise after the original decision;
(2) information was not available at the time
				of the original hearing and the board's awareness of this information would, in
				the opinion of the board, likely lead to a different decision;
(3) a significant change in the applicant's
				medical condition has occurred since the board last considered the application
				for special medical parole.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.645 - Special medical parole expiration date

Current through May 31, 2024
(a) A prisoner
				released on special medical parole remains on parole until midnight of the
				parole expiration date.
(b) A
				special medical parole expiration date is suspended upon the issuance of an
				arrest warrant or summons for a parolee to appear by the board or, in the case
				of an interstate parolee, by the board's designee.
Authority:
AS
					 33.16.060
AS 33.16.085
AS
					 33.16.200
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.650 - Rescission of special medical parole

Current through May 31, 2024
(a) Any time after
				a prisoner is granted special medical parole the board may hold a rescission
				hearing and suspend the order of special medical parole if sufficient cause is
				shown. Parole may be suspended 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 considered significant by the board;
(6) the board
(A) determines that a significant change has
				occurred in the prisoner's parole plan or in the medical condition of the
				parolee; or
(B) discovers new
				information concerning the prisoner or the prisoner's parole plan, affecting
				the prisoner's suitability for parole under
				AS
				33.16.085.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.655 - Revocation of special medical parole

Current through May 31, 2024
The provisions of
				  22 AAC 20.350 -
				  22 AAC 20.515 apply to special
				  medical parole violation and revocation proceedings.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 15 - Special Medical Parole › 22 AAC 20.660 - Effect of revocation of special medical parole

Current through May 31, 2024
A prisoner whose special medical parole is revoked shall
				  serve the remainder of the sentence that the prisoner was sentenced to
				  serve.
Authority:
AS
					 33.16.060
AS
					 33.16.085
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 16 - General Provisions › 22 AAC 20.910 - Access to parole board records

Current through May 31, 2024
(a) Except as
				otherwise provided in this section, access to board records is limited to
(1) the board, the executive director, and
				the board staff; and
(2) personnel
				and agents of the department.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 16 - General Provisions › 22 AAC 20.940 - Time limitations

Current through May 31, 2024
(a) The various time limitations in this
				chapter have been established to promote the efficient operation of the board
				while ensuring that all parties to hearings are given adequate consideration.
				Any time limitation in this chapter will, in the board's discretion, be relaxed
				if, in the opinion of the board, strict adherence to it would bring about an
				injustice.
(b) The board will
				adhere to the time limitations established in this chapter, and will see that
				the time limitations established for others involved in the parole process are
				also followed, whenever possible.
Authority:
AS
					 33.16.060
AS 33.16.100
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 16 - General Provisions › 22 AAC 20.945 - Harmless error

Current through May 31, 2024
(a) Failure of the board or a department
				employee to follow the regulations set out in this chapter does not invalidate
				an action by the board absent a showing of demonstrable prejudice by the
				prisoner/parolee, as determined by the board. Serving additional time in
				custody does not itself constitute demonstrable prejudice.
(b) A prisoner/parolee who makes a showing of
				demonstrable prejudice as set out in (a) of this section may request a special
				review of the case in accordance with
				22 AAC 20.190. The board will, in
				its discretion, grant a special review if, when considering the record as a
				whole, it determines the prisoner/parolee suffered demonstrable
				prejudice.
Authority:
AS
					 33.16.060
AS 33.16.100
AS
					 33.16.220
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 16 - General Provisions › 22 AAC 20.950 - General board meetings

Current through May 31, 2024
(a) The board will meet in general session at
				least once each calendar year, subject to the availability of appropriations
				from the legislature. This general session is in addition to the meetings of
				the board for the purpose of conducting parole hearings.
(b) General board meetings are open to the
				public, and time will be set aside at designated meetings to take oral and
				written public comment.
(c) The
				board will, in its discretion, move into executive session as provided for in
				AS
				44.62.310(b) and (c), during
				a general meeting.
(d) The board
				will give reasonable public notice for general board meetings designated for
				public comment.
(e) The board will
				prepare an agenda for each meeting. The agenda will, in the board's discretion,
				be amended at the meeting by the board.
(f) The board will prepare minutes of general
				meetings and will make them available upon written request.
Authority:
AS
					 33.16.050
AS
					 33.16.060