22 AAC 20.405. How preliminary revocation hearings are conducted

(a) A preliminary revocation hearing will be conducted by a hearing officer designated by the board. The hearing will be conducted as informally as possible. However, the hearing officer may terminate testimony or questioning of a witness if it becomes irrelevant, repetitious, or argumentative.

(b) The hearing officer is in charge of the preliminary hearing and is responsible for ruling on any matters considered at the hearing.

(c) The hearing will be split into two phases. During phase I, testimony will be taken relating only to allegations of violation of parole conditions. Before proceeding to phase II of the hearing, the hearing officer will make a finding on the violations alleged, or continue the hearing as set out in 22 AAC 20.420. During phase II, any other testimony or evidence relevant to the decision to release or incarcerate the violator pending the final hearing, or to release or revoke the parole of the violator at the final hearing, will be considered. The hearing officer will consider conditions of release at phase II.

(d) Despite (c) of this section, the hearing officer may combine phases I and II of the hearing if that action will assist in the reasonable operation of the hearing. The hearing officer may consider the views of the parole officer and the parolee in making this decision.

History: Eff. 1/30/91, Register 117

Authority: AS 33.16.060

AS 33.16.220

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