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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 66. Domestic Violence and Sexual Assault
- Section 400. Domestic Violence Fatality Review Teams.
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next: Section 900. Definitions. [Repealed, Sec. 72 Ch 64 SLA 1996].
AS 18.66.400. Domestic Violence Fatality Review Teams.
- (a) The commissioner of public safety may establish domestic violence fatality review teams in areas of the state. A
municipality may establish a domestic violence fatality review team in a municipality. When the investigation of fatal
incidents of domestic violence and incidents of domestic violence involving serious physical injury has been completed
or adjudicated by law enforcement or at an earlier appropriate time, a domestic violence fatality review team may
review those incidents for the purpose of preventing domestic-violence-related fatalities, improving the response of
law enforcement and other agencies to domestic violence, and providing consultation and coordination for agencies
involved in the prevention and investigation of domestic violence. The review may include a review of events leading up
to the domestic violence incident, available community resources, current laws and policies, actions taken by agencies
and persons related to the incident and persons involved in the incident, and other information the team determines to
be relevant to the review. The confidential and other records of a department or agency of the state or a municipality
relating to the domestic violence incident may be examined by the domestic violence fatality review team or a member of
the team. The domestic violence fatality review team and each member of the team shall preserve the confidentiality of
any records examined. In this subsection, "serious physical injury" has the meaning given in AS 11.81.900.
- (b) The membership of a domestic violence fatality review team shall be determined by the commissioner of public safety or
the municipality, as appropriate. Membership may include representatives from
- (1) law enforcement agencies within the area or municipality;
- (2) the district attorney for the area or municipality and municipal prosecutor if created by a municipality;
- (3) the office of the chief medical examiner;
- (4) the Department of Corrections;
- (5) employees of the Department of Health and Social Services who deal with domestic violence;
- (6) local agencies and organizations involved with crime victim and domestic violence protection, reporting, and
counseling and assistance;
- (7) other organizations, departments, and agencies determined to be appropriate.
- (c) The victims' advocate under AS 24.65 is an ex officio member of
each domestic violence fatality review team created under this section and may attend any meeting and review any
information available to or considered by a team.
- (d) Except for a public report issued by a domestic violence fatality review team that does not contain confidential
information, records or other information collected by a team or any member of a team related to duties under this
section is confidential and not subject to public disclosure under AS 40.25.100
and 40.25.110. Meetings of a domestic violence
fatality review team are closed to the public and are not subject to the provisions of AS 44.62.310
and 44.62.312.
- (e) The determinations, conclusions, and recommendations of a domestic violence fatality review team or its members are
not admissible in a civil or criminal proceeding. A member may not be compelled to disclose a determination,
conclusion, recommendation, discussion, or thought process through discovery or testimony in a civil or criminal
proceeding. Records and information collected by the team are not subject to discovery or subpoena in connection with a
civil or criminal proceeding.
- (f) Notwithstanding (e) of this section, an employee of a state or a municipal agency may testify in a civil or criminal
proceeding concerning cases reviewed by a domestic violence fatality review team even though the agency's records were
reviewed by a team and formed the basis of that employee's testimony and the team's report.
- (g) A person who serves on a domestic violence fatality review team is not liable for damages or other relief in an action
brought by reason of the performance of a duty, function, or activity of the team.
Article 06. GENERAL PROVISIONS
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Last modified 9/3/2005