22 AAC 20.215. Modification of board-imposed conditions of parole

(a) Only the board has the authority to remove or, except as provided in AS 33.16.160 (c) and (d), to change a condition imposed by the board. In the board's discretion, a condition imposed by the board will be removed or changed, or a condition added, at any time during the parole period.

(b) A request to change board-imposed conditions of parole will be handled as follows:

(1) the board will, in its discretion, modify parole conditions on its own motion for good cause;

(2) the parole officer may request a modification of parole conditions by submitting a written request to the board;

(3) if the prisoner has not yet been released from custody on parole, the prisoner must submit a written request to the institutional parole officer; the institutional parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision and the reason for the decision;

(4) if the parolee has been released from custody, the parolee must submit a written request to the field parole officer; the field parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision in writing and the reason for the decision.

(c) All conditions of parole imposed by the board remain in effect unless and until they are changed by the board. A parolee shall comply with a contested condition unless the parolee receives written notification from the board of a change of the condition.

(d) A hearing will be provided under AS 33.16.160 (b) or (d) if the change in parole conditions warrants it. Such a hearing will follow the procedures set out in 22 AAC 20.220(c) and (d). For purposes of a hearing under this subsection, in 22 AAC 20.220 (c) and (d) "hearing officer" includes the board.

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

Authority: AS 33.16.010

AS 33.16.060

AS 33.16.150

AS 33.16.160

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