(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.
(d) When making the decision to impose or
extend a condition or to change an existing condition, the hearing officer will
consider the following:
(1) the criteria for
imposing parole conditions under
AS
33.16.150;
(2) the board's standards for imposing parole
conditions under
22 AAC 20.205; and
(3) whether the need for the parole
officer-imposed condition is supported by the record.
(e) If a parolee requests a change of a
parole officer-imposed condition of parole not subject to the requirements of
(b) and (c) of this section, and the parole officer does not grant the request,
the parolee may appeal by writing to the board as described in
22 AAC 20.215(b) (3) and (4). The board, or a member of the board if
acting on behalf of the board in imposing conditions of mandatory parole, will
not grant the change unless substantial evidence justifies the change. The
board's or board member's decision will be based upon the case file material
available. The board or board member will not interview the parolee. If a
parolee is aggrieved by a decision of a member of the board acting on behalf of
the board in imposing conditions of mandatory parole, the parolee may apply in
writing to the full board as described in
22 AAC 20.215(b) (3) and (4).
(f) A parole officer-imposed condition of
parole not subject to (b) and (c) of this section remains in effect until the
parolee receives written notification of a change by the parole officer or by
the board.
(g) A hearing before the
board conducted under
AS
33.16.160(b) will follow the
procedures set out in this section.
