Alaska Administrative Code

(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…

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 copie…

(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 report…

Parole officers shall report parole violations on the parole violation report forms approved by the board. Notes 22 AAC 20.355 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.180 AS 33.16.220 State regulations are updated quarterly; we currently have two versions avail…

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 revocati…

(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 warran…

(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 pe…

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violation warrant remains active and valid until executed through the arrest of the parolee, or until the warrant is withdrawn by the board. Notes 22 AAC 20.375 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.240 State regulations are updated quarterly; we cur…

Notes 22 AAC 20.380 Eff. 1/30/91, Register 117; repealed 8/28/2015, Register 215, October 2015 The subject matter of 22 AAC 20.380 has been relocated to 22 AAC 20.107. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between…

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, …

(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…

(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 i…

(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 …

(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 office…

(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…

(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…

Notes 22 AAC 20.440 Eff. 1/30/91, Register 117; repealed 3/29/2003, Register 165 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 features will…

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. Notes 22 AAC 20.445 Eff…

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. Notes 22 AAC 20.450 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS…

(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…

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. Notes 22 AAC 20.460 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS…

(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 reas…

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). Notes 22 AAC 20.470 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.170 AS 33.16.220 State regulation…

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 …

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…

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 …

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. Notes 22 AAC 20.490 Eff. 1/30/91, Regis…

The final revocation hearing will be conducted at a location designated by the board. Notes 22 AAC 20.495 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.220 State regulations are updated quarterly; we currently have two versions available. Below is a comparison betwee…

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. Notes 22 AAC 20.500 Eff. 1/30/91, Registe…

(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 co…

(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 w…

A prisoner whose discretionary parole is revoked is required to serve the remainder of the sentence that the prisoner was sentenced to serve. Notes 22 AAC 20.512 Eff. 1/30/91, Register 117 Authority:AS 33.16.060 AS 33.16.220 State regulations are updated quarterly; we currently h…

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. Not…

(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 it…

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 vot…

(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 prisone…

(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 hea…

(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…

(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 f…

(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 combi…

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. Notes 22 AAC 20.613 Eff. 3/29/2003, Register 165; am 8/28/2015, Register 215, Octobe…

(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, noti…

(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 spe…

(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 Super…

(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 opin…

(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 a…

(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) informat…

(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…

(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 di…

The provisions of 22 AAC 20.350 - 22 AAC 20.515 apply to special medical parole violation and revocation proceedings. Notes 22 AAC 20.655 Eff. 3/29/2003, Register 165 Authority:AS 33.16.060 AS 33.16.085 State regulations are updated quarterly; we currently have two versions avail…