Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 20 - Alaska Board of Parole › Article 5 - Conditions of Parole › 22 AAC 20.220 - Modification of parole officer-imposed condition of parole and hearing procedures

Current through May 31, 2024
(a) The parole officer has the authority to
				add additional conditions or to change any parole officer-imposed condition of
				parole subject to
				AS
				33.16.150 and
				AS
				33.16.160. A parolee may verbally, or in
				writing, request the parole officer to change any parole officer-imposed
				condition of parole. Any change in written conditions shall be reduced to
				writing as soon as practicable.
(b)
				A preliminary hearing conducted under
				AS
				33.16.160(d) for the purpose
				of imposing or extending a condition of parole or changing an existing
				condition of parole, is governed by (c) of this section.
(c) Procedures for a hearing under
				AS
				33.16.160 are as follows:
(1) The hearing will be conducted by a
				hearing officer designated by the board. Hearings may be conducted in person,
				telephonically, by electronic videoconferencing or teleconferencing, or through
				any combination of these formats set by the hearing officer. The hearing will
				be run as informally as possible. However, the hearing officer may terminate
				testimony or questioning of a witness if it becomes irrelevant, repetitious, or
				argumentative.
(2) The hearing
				officer will be responsible for ruling on any matters considered at the
				hearing. The hearing officer shall be the trier of fact and shall judge the
				credibility, relevancy of information and determine the weight and reliability
				of the testimony of witnesses and other evidence.
(3) The determination by the hearing officer
				will be made based upon all information presented at the hearing, including
				affidavits, reports, other written documents and individual
				testimony.
(4) Rules regarding
				admissibility of evidence in use by the Alaska court system do not apply at the
				hearing. A statement, testimony, or physical evidence obtained in a manner that
				would render it inadmissible in a criminal proceeding may be submitted and
				considered at the hearing. Hearsay evidence is admissible at the hearing, and
				the hearing officer will determine the reliability and weight to give the
				evidence.
(5) 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. 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 such time as is required in the
				interest of justice. A continuance will be granted only when it is supported by
				good cause.
(6) Except as provided
				in (7) of this subsection, the hearing officer must issue a verbal finding and
				order at the completion of the hearing, which sets out the decision of the
				hearing officer and the reasons supporting the decision.
(7) If the hearing officer continues the
				hearing to a later date without making a finding, the hearing officer's reason
				for this decision must be stated at the time the hearing is
				continued.
(8) The hearing officer
				will complete the written order within two working days after the completion of
				the hearing, including the information set out in (6) or (7) of this
				subsection.
(9) The decision of the
				hearing officer is final and not appealable to the board.
(10) A parolee has a right to an attorney 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 a parolee. A parolee
				requesting the assistance of counsel under this paragraph will be given a
				reasonable period of time to seek and obtain the assistance of an attorney. The
				board or hearing officer may continue a hearing to allow the parolee reasonable
				time to obtain the assistance of an attorney. 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 the parolee's
				legal presentation.
(11) An Alaska
				parolee on supervision in another state is entitled to legal assistance
				according to the laws and rules of that jurisdiction.
(12) The hearing will be held at a location
				designated by the hearing officer.
(13) The parole officer shall provide the
				parolee with notification of the hearing at least 72 hours before the hearing.
				The date, location, approximate time of the hearing, the condition to be
				imposed, changed, or extended, and the information relating to the condition
				will be provided to the parolee.
(14) The parolee has the right to present
				testimony, documents, and other evidence relevant to the hearing. The parolee
				has the right to call witnesses who might have relevant information concerning
				the proposed condition. 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. All witnesses will be
				sworn, will testify under oath, and are subject to questioning by the hearing
				officer regarding anything that might be relevant to the hearing. Only one
				witness will be allowed in the hearing at a time.
(15) The parolee may cross examine adverse
				witnesses testifying at the hearing unless the 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 may question any
				witness.
(16) The parolee must be
				given a copy of the report and other adverse material provided, to the board,
				subject to the provisions of
				AS
				33.16.170(b) and
				(c).
(17) The parolee does not have the right to
				remain silent. The parolee's refusal to answer questions may be used against
				the parolee.
(18) The parolee is
				responsible for any expenses incurred by the parolee or on the parolee's behalf
				in preparation for or presentation at the 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 present to conduct the
				hearing.
(19) The following
				regulations also apply to a hearing under this subsection:
				22 AAC 20.095 and
				22 AAC 20.165(c).
(20) Any change in parole conditions made
				under AS
				33.16.160(d) will not exceed
				90 days, unless approved by the board.
(21) The parolee may waive this hearing under
				AS
				33.16.230.