Alaska Administrative Code
Title 22 - Department of Corrections
Chapter 20 - Alaska Board of Parole
Article 4 - Discretionary Parole Release Hearings
22 AAC 20.185 - Special review
Universal Citation: 22 AK Admin Code 22 AAC 20.185
Current through August 30, 2024
(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) of this section arise
after the original decision;
(2)
this information was not available at the time of the original hearing;
and
(3) the board's awareness of
this information would, in the opinion of the board, likely lead to a different
decision.
(b) Vital information or substantial mitigating circumstances that the board will consider in a special review include
(1) a
significant change of the applicant's sentence or medical condition;
(2) some special education, training, or
employment originally unavailable, is now available and is not expected to be
available in the future; enrollment in college which could take place the
following semester, or entry into a similar educational or vocational program
in the future, are not acceptable reasons for granting a special
review;
(3) outstanding
institutional performance, over a period of at least two years, since the
previous hearing;
(4) a meritorious
act, such as saving the life of another person;
(5) a family tragedy that results in the
applicant being the sole surviving person who can handle the family
responsibilities, and where the board believes the applicant could reasonably
be expected to fill that role;
(6)
the applicant has received a set-off in excess of two years and can demonstrate
to the satisfaction of the board that this continuance is extremely disparate
with other similarly situated applicants recently considered by the board;
and
(7) any other circumstances
that the board finds is of such magnitude to warrant the granting of a special
review of the case.
Authority:AS 33.16.060
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