22 AAC 20.220. Modification of parole officer-imposed condition of parole and hearing procedures

(a) The parole officer has the authority to add additional conditions or to change any parole officer-imposed condition of parole subject to AS 33.16.150 and AS 33.16.160 . A parolee may verbally, or in writing, request the parole officer to change any parole officer-imposed condition of parole. Any change in written conditions shall be reduced to writing as soon as practicable.

(b) A preliminary hearing conducted under AS 33.16.160 (d) for the purpose of imposing or extending a condition of parole or changing an existing condition of parole, is governed by (c) of this section.

(1) The hearing will be conducted by a hearing officer designated by the board. Hearings may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats set by the hearing officer. The hearing will be run as informally as possible. However, the hearing officer may terminate testimony or questioning of a witness if it becomes irrelevant, repetitious, or argumentative.

(2) The hearing officer will be responsible for ruling on any matters considered at the hearing. The hearing officer shall be the trier of fact and shall judge the credibility, relevancy of information and determine the weight and reliability of the testimony of witnesses and other evidence.

(3) The determination by the hearing officer will be made based upon all information presented at the hearing, including affidavits, reports, other written documents and individual testimony.

(4) Rules regarding admissibility of evidence in use by the Alaska court system do not apply at the hearing. A statement, testimony, or physical evidence obtained in a manner that would render it inadmissible in a criminal proceeding may be submitted and considered at the hearing. Hearsay evidence is admissible at the hearing, and the hearing officer will determine the reliability and weight to give the evidence.

(5) The hearing officer may continue the hearing at the request of either party or upon the hearing officer's own initiative. The hearing officer may continue the hearing if the hearing officer believes additional information needs to be presented before a finding is made. If this option is chosen, reasonable attempts will be made to complete the hearing within 15 working days after the continuance of the hearing. However, a continuance will be for such time as is required in the interest of justice. A continuance will be granted only when it is supported by good cause.

(6) Except as provided in (7) of this subsection, the hearing officer must issue a verbal finding and order at the completion of the hearing, which sets out the decision of the hearing officer and the reasons supporting the decision.

(7) If the hearing officer continues the hearing to a later date without making a finding, the hearing officer's reason for this decision must be stated at the time the hearing is continued.

(8) The hearing officer will complete the written order within two working days after the completion of the hearing, including the information set out in (6) or (7) of this subsection.

(9) The decision of the hearing officer is final and not appealable to the board.

(10) A parolee has a right to an attorney 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 a parolee. A parolee requesting the assistance of counsel under this paragraph will be given a reasonable period of time to seek and obtain the assistance of an attorney. The board or hearing officer may continue a hearing to allow the parolee reasonable time to obtain the assistance of an attorney. A parolee found not eligible for the services of the Public Defender Agency or alternate public counsel, has the sole responsibility for arranging, providing for, and financing the parolee's legal presentation.

(11) An Alaska parolee on supervision in another state is entitled to legal assistance according to the laws and rules of that jurisdiction.

(12) The hearing will be held at a location designated by the hearing officer.

(13) The parole officer shall provide the parolee with notification of the hearing at least 72 hours before the hearing. The date, location, approximate time of the hearing, the condition to be imposed, changed, or extended, and the information relating to the condition will be provided to the parolee.

(14) The parolee has the right to present testimony, documents, and other evidence relevant to the hearing. The parolee has the right to call witnesses who might have relevant information concerning the proposed condition. These persons may not be merely character witnesses. The parolee assumes the responsibility for the appearance of any witness at the parolee's request. The state may also call witnesses. All witnesses will be sworn, will testify under oath, and are subject to questioning by the hearing officer regarding anything that might be relevant to the hearing. Only one witness will be allowed in the hearing at a time.

(15) The parolee may cross examine adverse witnesses testifying at the hearing unless the hearing officer determines that a witness might be subject to risk of harm if the witness's identity is disclosed. A witness determined to be subject to a risk of harm will be interviewed by the hearing officer or board in camera and the board will provide the parolee with a summary of the information obtained with as much specificity as the circumstances allow. The state may cross-examine any witness appearing on behalf of the parolee. The hearing officer may question any witness.

(16) The parolee must be given a copy of the report and other adverse material provided, to the board, subject to the provisions of AS 33.16.170 (b) and (c).

(17) The parolee does not have the right to remain silent. The parolee's refusal to answer questions may be used against the parolee.

(18) The parolee is responsible for any expenses incurred by the parolee or on the parolee's behalf in preparation for or presentation at the hearing. The department is responsible for any expenses incurred by its employees or on its behalf in preparation for or presentation at the hearing. The board is responsible only for the expense of having a hearing officer present to conduct the hearing.

(19) The following regulations also apply to a hearing under this subsection: 22 AAC 20.095 and 22 AAC 20.165(c) .

(20) Any change in parole conditions made under AS 33.16.160 (d) will not exceed 90 days, unless approved by the board.

(21) The parolee may waive this hearing under AS 33.16.230 .

(d) When making the decision to impose or extend a condition or to change an existing condition, the hearing officer will consider the following:

(1) the criteria for imposing parole conditions under AS 33.16.150 ;

(2) the board's standards for imposing parole conditions under 22 AAC 20.205; and

(3) whether the need for the parole officer-imposed condition is supported by the record.

(e) If a parolee requests a change of a parole officer-imposed condition of parole not subject to the requirements of (b) and (c) of this section, and the parole officer does not grant the request, the parolee may appeal by writing to the board as described in 22 AAC 20.215(b) (3) and (4). The board, or a member of the board if acting on behalf of the board in imposing conditions of mandatory parole, will not grant the change unless substantial evidence justifies the change. The board's or board member's decision will be based upon the case file material available. The board or board member will not interview the parolee. If a parolee is aggrieved by a decision of a member of the board acting on behalf of the board in imposing conditions of mandatory parole, the parolee may apply in writing to the full board as described in 22 AAC 20.215(b) (3) and (4).

(f) A parole officer-imposed condition of parole not subject to (b) and (c) of this section remains in effect until the parolee receives written notification of a change by the parole officer or by the board.

(g) A hearing before the board conducted under AS 33.16.160 (b) will follow the procedures set out in this section.

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

Authority: AS 33.16.010

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