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(a) The victim of a crime against a person or of the crime of arson in the first degree will be notified of a discretionary parole hearing on the perpetrator of the victim's crime as set out in 22 AAC 20.155, if the victim requests, and if the victim maintains a current, valid mailing address on file with the department.
(b) Despite 22 AAC 20.100, the victim of a crime against a person or of arson in the first degree may appear at designated portions of a parole release hearing if the perpetrator of that crime applies for discretionary parole, subject to the provisions of 22 AAC 20.155. If feasible, the board will allow a victim to participate telephonically if the victim requests.
(c) The victim may provide written material or oral comments to the board regarding the impact of the crime on the victim or the victim's family, the prisoner's suitability for parole, and conditions of parole.
(d) The victim who wishes to attend a discretionary parole hearing must notify the superintendent of the correctional facility where the prisoner is serving the sentence of the victim's intent to attend the hearing, a minimum of five working days before the scheduled date of the hearing. If the victim fails to timely notify the superintendent, the victim may be barred from attending the hearing.
(e) The victim is subject to the requirements of 22 AAC 20.095.
(f) If the victim attends the hearing, the board will, in its discretion, question the victim about written material submitted or oral comments made under (c) of this section, or about other information relevant to the parole decision.
(g) When the board is ready to discuss information other than that set out in AS 12.55.023 (current offense and sentencing recommendation), AS 12.61.010 (prior convictions), and AS 33.16.150 (parole conditions), the victim will be required to leave the hearing.
(h) A victim of a crime other than one described in (a) of this section, will be notified of a discretionary parole hearing on the perpetrator of the victim's crime as set out in 22 AAC 20.155, if the victim requests, and if the victim maintains a current, valid mailing address on file with the department.
(i) The victim may provide written material to the board regarding the impact of the crime on the victim or the victim's family, the prisoner's suitability for parole, and conditions of parole.
(j) A victim present at a discretionary parole hearing may, within time constraints established by the board, present verbal testimony. A victim shall direct all statements to the chair, and not to the parole applicant or attorney. The applicant and attorney shall direct all statements to the chair, and may not direct any statements or questions to the victim present at the hearing.
(k) A victim testifying at a discretionary parole hearing may not be required to make statements under oath. The parole applicant or attorney may not question a victim who provides unsworn testimony before the board. If a victim chooses to provide sworn testimony, the applicant or attorney shall direct any questions of the victim through the chair.
( l ) The parole applicant will be provided a copy of all materials presented to the board by a victim. However, the victim's address and phone number will be redacted from any document provided to the applicant. The parole officer shall advise a victim, before the board hearing, that the parole applicant will be physically present in the hearing room. If feasible, the board will allow a victim to participate telephonically if the victim requests telephonic participation before the hearing date.
(m) Upon written request to the board at least five working days before the hearing, an attending victim may request that one personal victim support advocate be present with the victim at the hearing. The name of the proposed victim support advocate, and relationship to the victim, must be stated in the request. The chair will make a preliminary decision to allow or not allow the requested personal victim support advocate to be present at the hearing. The victim will be notified of the chairs preliminary decision before the hearing. Before starting the hearing, the board will determine whether to accept the chairs preliminary decision. If permitted to attend a hearing, a victim support advocate may not present any testimony.
History: Eff. 1/30/91, Register 117; am 3/29/2003, Register 165
Authority: AS 33.16.060
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Last modified 7/05/2006