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(a) Special medical parole hearings are nonadversary. The board may interview the applicant. The applicant may make any relevant comments to the board. Interviews may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats.
(b) If an in-person hearing is not held by the board for an applicant for special medical parole, the applicant may make relevant written comments to the board. If the medical condition of the applicant does not allow for participation of the applicant at a scheduled hearing, the applicant may have a representative approved by the board or an attorney participate in the hearing on the applicant's behalf.
(c) At the hearing, an attorney may represent the applicant for special medical parole. 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 the applicant. The applicant is responsible for obtaining any representation. The board, the department, and the staff of any contract correctional facility are not responsible for arranging or paying for representation.
(d) The board will consider information received up to the time that the special medical parole hearing is completed.
(e) The board will conduct special medical parole hearings at the next regularly scheduled board hearing held at the facility where the prisoner is incarcerated or on another date set by the board. However, upon a written request from the applicant or the commissioner, the board may conduct an emergency special medical parole hearing at a time designated by the board.
(f) The deliberations of the board members in arriving at a decision whether to grant or deny a request for special medical parole are confidential and only the members and staff of the board may be present. The vote of the individual board members and the "hearing decision vote sheet" are confidential and may not be disclosed to any person.
(g) The burden of providing information in support of the special medical parole application rests solely with the applicant.
(h) A special medical parole applicant may not re-litigate issues determined against the applicant in other forums, including disciplinary or other administrative hearings, or a judgment of conviction of a crime by a court.
History: Eff. 3/29/2003, Register 165
Authority: AS 33.16.060
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Last modified 7/05/2006