22 AAC 20.150. Applicant's responsibilities and procedural opportunities

(a) The parole applicant shall provide the department's staff with all information requested for inclusion in the parole progress report.

(b) The applicant shall completely and truthfully fill out a parole application. The completed application must be turned in to the parole officer a minimum of seven weeks before the week of the scheduled board hearing. Failure to submit the completed application in a timely manner constitutes the applicant's waiver of the right to apply until the following hearing at the institution where the applicant is housed.

(c) The applicant shall obtain and provide the department's staff with written documentation of the parole plan. This should include verification of employment, job training, educational plan, treatment plan, housing, and other letters of reference relevant to the applicant's plan. An applicant expecting to return to a small community where no parole officer is located should obtain documentation from the community's governing body of its willingness to receive the applicant in the community.

(d) The applicant must be prepared to discuss any topic that could reasonably relate to the applicant's possible success or failure on parole. These topics include present offense, prior criminal or antisocial behavior, family situation, possible emotional problems, employment, training or treatment plans, medical treatment plans, institutional record, alcohol and drug use, relationships with other people, financial solvency, and release plans.

(e) The applicant should also be prepared to discuss possible conditions of parole if released and how these might relate to the applicant's adjustment in the community.

(f) The applicant should be prepared to discuss possible mandatory parole conditions if discretionary parole is denied and if the applicant is subject to mandatory parole.

(g) Payment for the residence, sustenance, transportation, programming, treatment, medical costs, or education of the applicant granted parole is solely the responsibility of the applicant. The board is not responsible for these costs.

(h) Discretionary parole release hearings are non-adversary hearings and an applicant is not entitled to legal representation except as set out in (n) of this section. The applicant has no right to present witnesses. The applicant may present any relevant written information from any interested person, group, or agency.

(i) The applicant must present written documentation of the proposed parole plan. This documentation must be supplied to the board through the applicant's institutional parole officer if the applicant is incarcerated in a state correctional facility. This documentation must be sent directly to the assigned parole officer if the applicant resides in a contract correctional facility, and the supervising parole officer for the contract facility shall provide the documentation to the board.

(j) The applicant will be interviewed by a quorum of the board. The applicant may make any relevant comments to the board, subject to 22 AAC 20.095(d) . Interviews may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats.

(k) The applicant may waive the board's consideration of the applicant's case by signing a waiver. An applicant who, after notice, does not come to the hearing when requested will be considered to have waived consideration for parole.

( l ) The applicant may request reconsideration under 22 AAC 20.175 of a decision to continue the applicant's case or deny the applicant further parole consideration.

(m) The applicant may request a special review under 22 AAC 20.185 - 22 AAC 20.190.

(n) An attorney may represent the applicant 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 the applicant. The applicant is responsible for obtaining any representation. The board, the department, and the staff of any contract correctional facility are not responsible for arranging or paying for representation. The board will not allow any other prisoner advocate.

(o) The applicant will be provided a copy of the parole progress report and attachments and have access to other records to be considered by the board, subject to AS 33.16.170 (b). The applicant will be given a summary of any document provided to the board but withheld from the applicant under AS 33.16.170 (c).

(p) The applicant may make any relevant comments about possible supplemental conditions of discretionary parole, subject to 22 AAC 20.095(d) .

(q) The applicant may make any relevant comments about possible mandatory parole conditions if the applicant is subject to mandatory parole, subject to 22 AAC 20.095(d) .

(r) The applicant is entitled to access to and may make any relevant comments about the applicability of numerical guidelines that the board might consider in making its parole release decision.

(s) The applicant may not question a victim who testifies before the board under 22 AAC 20.105(c) and 22 AAC 20.155(c) .

History: Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Authority: AS 33.16.060

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