Alaska Administrative Code
Title 22 - Department of Corrections
Chapter 25 - Programs for Rehabilitation of Perpetrators of Domestic Violence
22 AAC 25.030 - Program services
Universal Citation: 22 AK Admin Code 22 AAC 25.030
Current through August 30, 2024
(a) In the delivery of services, an approved program
(1) must:
(A) establish and implement a gender-specific
written curriculum that incorporates the requirements set out in this
chapter;
(B) require a program
participant to attend and participate in a minimum of 24 weeks of weekly
gender-specific group counseling sessions;
(C) make a written intake assessment and a
written service plan for each program participant that contains a profile of
the participant's current and past domestic violence, screening for substance
abuse and mental health indicators, descriptions of past and current behavior,
lethality assessment, safety checks, and a strategy for case management of the
participant;
(D) require the
program participant to enter into a written contract and sign releases of
information as described in (b) and (c) of this section;
(E) require the program participant to
complete homework assignments;
(F)
use confrontation as an educational tool;
(G) conduct regular, formal case reviews of
the progress of program participants and maintain written records of the
participants' attendance, payment of fees assessed by the program, group
participation, updated lethality assessments, and regularly conducted safety
check information;
(H) establish a
mechanism to ensure that
(i) regular victim
safety checks are made;
(ii) victim
safety checks are reviewed; and
(iii) victims are referred to a local victim
advocacy agency;
(I)
coordinate services provided under the approved program with those provided by
substance abuse and mental health service providers serving the
community;
(J) require all staff to
report any known or suspected child abuse or neglect to the division of family
and youth services in the Department of Health and Social Services as required
by AS
47.17.020;
(K) require all staff who have reasonable
cause to believe that a vulnerable adult has suffered harm to report the harm
of the Department of Administration as required by
AS
47.24.010;
(L) develop and implement written discharge
criteria as required by (e) of this section;
(M) develop and implement a standardized
record-keeping system for program participants, including a procedure for the
periodic review of program participants' records, the protection of information
that is confidential by law, and the closure and storage of files;
(N) monitor program participants' recidivism;
and
(O) evaluate the program as
required by
22 AAC 25.040;
(2) may not suggest, encourage, or
facilitate a program participant's participation in counseling in which both
the program participant and the participant's victim are present.
(b) An approved program shall develop a contract to be signed by the program participant, that includes at least the following:
(1) a description of the
confidentiality requirements and releases of information signed by the program
participant, including notification of the limitations of confidentiality set
out in 22 AAC 25.030(c) (1) and
(2);
(2) the program participant's agreement to
remain free of violence;
(3) the
program participant's agreement to
(A) advise
the program of all biological and adoptive children;
(B) provide the program with a copy of any
court or administrative order that requires the program participant to pay
child support;
(C) comply with the
requirements of
AS
25.27.265(b), if applicable,
and comply with requests for information or cooperation from any child support
enforcement agency enforcing a court or administrative order that requires the
program participant to pay child support;
(D) provide documentation of child support
payments if ordered to pay directly to the custodian of the child;
and
(E) sign a release of
information to allow the program to obtain the program participant's payment
record if ordered to pay through a child support enforcement agency;
(4) the program participant's
agreement to pay all fees assessed under (d) of this section fees and court
ordered costs related to domestic violence incidents, and to comply with child
support and court orders;
(5) the
program participant's agreement to comply with the program's standards and
requirements, including substance abuse and mental health treatment, if a
referral is made;
(6) the program
participant's agreement to disclose to the program any violations of the
contract with the program throughout the duration of participation in the
program;
(7) the program
participant's agreement not to participate, while in the program, in any kind
of counseling directly involving both the participant and the participant's
victim; and
(8) the program
participant's understanding of the compliance requirements of the program, and
the actions that the program will take in the event of the participant's
non-compliance.
(c) An approved program must
(1) immediately disclose
the following information to the program participant's victim, the program
participant's current domestic partner, the sentencing court, the program
participant's probation or parole officer, a local law enforcement agency, the
local victim advocacy agency and the prosecutor:
(A) threatened or actual destruction of
property by the program participant;
(B) threats to violate, attempts to violate
or actual violation of child custody or child visitation orders by the program
participant; and
(C) threats of
physical harm or actual physical harm to any person or pet by the program
participant; information listed under this subparagraph must also be disclosed
to the person who is the intended victim of the program participant's
threats;
(2) release the
following information to the program participant's victim, the program
participant's current domestic partner, the sentencing court, the program
participant's probation or parole officer, a local law enforcement agency, and
the prosecutor:
(A) the program participant's
attendance records in the program;
(B) the program participant's compliance with
or termination from the program; and
(C) disruptive group behavior in the program
by the program participant; and
(3) provide to the program participant's
victim and current domestic partner
(A) the
merits and limitations of the program;
(B) information on domestic violence and
options for victims; and
(C) a
referral to local victim advocacy agencies.
(d) An approved program shall require a payment of fees for services of the program. The fees may be determined on a sliding scale based on a program participant's ability to pay, and may include community work service in lieu of monetary fees. Failure to pay these fees shall be treated as a failure to comply with program requirements.
(e) An approved program must develop written discharge criteria for
(1) termination from
the program when a program participant fails to comply with program
requirements; and
(2) compliance
with the program, based upon at least the following:
(A) no incidents of physical or sexual
violence by the program participant for at least six months;
(B) compliance by the program participant
with attendance requirements, which may permit no more than two unexcused
absences from program activities;
(C) appropriate participation in the program
by the participant as reflected in formal case reviews;
(D) compliance by the program participant
with all the conditions and provisions of the contract entered into under (b)
of this section; and
(E) payment by
the program participant of all applicable fees under (d) of this
section.
Authority:AS 44.28.020
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