22 AAC 20.185. Special review

(a) The board will, in its discretion, and only for the following reasons, grant a special review if it has continued a case or has denied an application for discretionary parole release:

(1) vital information or substantial mitigating circumstances such as those set out in (b) of this section arise after the original decision;

(2) this information was not available at the time of the original hearing; and

(3) the board's awareness of this information would, in the opinion of the board, likely lead to a different decision.

(b) Vital information or substantial mitigating circumstances that the board will consider in a special review include

(1) a significant change of the applicant's sentence or medical condition;

(2) some special education, training, or employment originally unavailable, is now available and is not expected to be available in the future; enrollment in college which could take place the following semester, or entry into a similar educational or vocational program in the future, are not acceptable reasons for granting a special review;

(3) outstanding institutional performance, over a period of at least two years, since the previous hearing;

(4) a meritorious act, such as saving the life of another person;

(5) a family tragedy that results in the applicant being the sole surviving person who can handle the family responsibilities, and where the board believes the applicant could reasonably be expected to fill that role;

(6) the applicant has received a set-off in excess of two years and can demonstrate to the satisfaction of the board that this continuance is extremely disparate with other similarly situated applicants recently considered by the board; and

(7) any other circumstances that the board finds is of such magnitude to warrant the granting of a special review of the case.

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

Authority: AS 33.16.060

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