Alaska Administrative Code

A parole progress report must be completed and reviewed by the board in all cases when a prisoner applies for discretionary parole. Notes 22 AAC 20.110 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.110 AS 33.16.180 State regulations are updated quarterly; we currentl…

Staff of the department shall complete a parole progress report on each discretionary parole applicant, following the format established by and using the forms provided by the board. The report shall be made available to the board a minimum of two weeks before the week of the sch…

(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 …

(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…

Notes 22 AAC 20.135 Eff. 1/30/91, Register 117; repealed 3/29/2003, Register 165 Authority:AS 33.16.050 AS 33.16.060 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly re…

(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 …

Notes 22 AAC 20.142 Eff. 1/30/91, Register 117; repealed 8/28/2015, Register 215, October 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison…

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 …

(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 off…

(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 hear…

(a) Upon request of a prisoner, the department shall provide the prisoner with a parole application furnished by the board. The department shall advise the prisoner of the scheduled board hearing. (b) The department shall solicit comments regarding the prisoner's application for …

(a) The board will, in its discretion, use any relevant information it considers reliable in arriving at a parole release decision. The board will determine the credibility, relevancy, and the weight of the information it considers. (b) The board will preserve a copy of all writt…

(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, de…

(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 th…

(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…

(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) o…

(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) Th…

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…

(a) The following are the standard conditions of parole established by the board which all parolees must follow:1. Report in person immediately upon release to the parole officer and receive further reporting instructions. Reside at the address approved upon release. 2. Make dili…

(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 commun…

(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. Notes 22 AAC 20…

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 …

(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 parol…

(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 condi…

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…

(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 i…

(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 prepa…

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. Notes 22 AAC 20.240 Eff. 1/30/91, Regi…

(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…

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. Notes 22 AAC 20.…

(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. …

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. Re…

(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 c…

(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.…

(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 b…

(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 req…

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…

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 ge…

(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 p…

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 …

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 priso…

(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 bel…

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, n…

(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…

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 violat…

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 wh…

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 …

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;…

(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 c…

(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 …