22 AAC 20.415. Probable cause determination and court rules inapplicable

(a) The determination by the hearing officer of whether probable cause exists will be made based upon all information presented at the preliminary revocation hearing, including affidavits, reports, other written documents, and individual testimony. Probable cause is established if the evidence presented and the inferences that may be drawn from the evidence are sufficient to warrant a reasonable person to believe that the parolee has committed an act that would constitute a violation of a law or of a condition of parole.

(b) If probable cause is established, the decision of whether to release the parolee and under what conditions pending the final revocation hearing will be based upon all information presented at phase II of the hearing and upon all other information and case records previously available to the board regarding the parolee.

(c) Rules regarding admissibility of evidence in use by the Alaska court system do not apply at a parole hearing. Hearsay evidence is admissible at a parole hearing, and the board or hearing officer will determine the reliability and the weight to give the evidence.

(d) A statement, testimony, or physical information obtained in a manner that would render it inadmissible in a criminal proceeding may be submitted and considered at a revocation hearing.

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

Authority: AS 33.16.060

AS 33.16.220

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