23 AAC 10.210. Preparation of a report following a formal investigation

(a) Upon completion of a formal investigation of a justice agency or person under AS 24.65 the victims' advocate may prepare a written report of the victims' advocate's findings, opinion, and recommendations.

(b) The victims' advocate will prepare a written report upon completion of a formal investigation under AS 24.65 if the victims' advocate's findings

(1) are critical of a justice agency or person; or

(2) determine that a justice agency or a person has denied a crime victim rights the crime victim is guaranteed under the constitution and laws of this state.

(c) In addition to explaining the victims' advocate's findings, opinion, and recommendation when preparing a report under (a) or (b) of this section, the victims' advocate may also determine and state in the report that the complaint or an allegation that is the subject of a complaint is

(1) "justified" if, on the basis of the evidence obtained during the investigation, the victims' advocate determines or believes the criticism of the conduct of the justice agency or a person is supported by the evidence;

(2) "partially justified" if,

(A) on the basis of the evidence obtained during the investigation, the victims' advocate determines or believes the criticism of the conduct of the justice agency or a person is "justified" under (1) of this subsection and further finds that action or inaction by the complainant or victim materially affected the conduct of the justice agency or a person at issue; or

(B) in a complaint having multiple allegations, the victims' advocate finds at least one allegation "justified" or, under (A) of this paragraph, "partially justified," and finds at least one allegation "not supported" or "indeterminate";

(3) "not supported" if, on the basis of the evidence obtained during the investigation, the victims' advocate determines or believes the criticism of the conduct of the justice agency or a person is not valid; or

(4) "indeterminate" if investigation does not provide sufficient evidence for the victims' advocate to determine conclusively whether the criticism of the conduct of the justice agency or a person is valid or not valid.

History: Eff. 6/27/2004, Register 170

Authority: AS 24.65.090

AS 24.65.140

AS 24.65.150

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