23 AAC 30.140. Objections to publication of confidential matters in the victims' advocate's opinion and recommendations to the governor, legislature, or the public under

(a) The provisions of this section apply to objections by justice agencies to disclosure of confidential matters to be included as part of the victims' advocate's final report containing the victims' advocate's opinion and recommendations to the governor, legislature, or the public published in accordance with AS 24.65.160 .

(b) If, within 10 calendar days after a justice agency receives a preliminary opinion or recommendation from the victims' advocate under AS 24.65.140 , AS 24.65.150 , or this title, which contains confidential matters provided to the victims' advocate by a justice agency that is to be published in the victims' advocate's opinion or recommendation in accordance with AS 24.65.160 , the victims' advocate receives written objection from the justice agency stating that it asserts a privacy interest in the confidential matters, and describing with particularity the basis for the objection, the victims' advocate shall proceed in accordance with (c) of this section. If timely objection to publication of the confidential matter has not been filed with the victims' advocate in accordance with this subsection, the objection is deemed waived and the victims' advocate may disclose the confidential matters to the governor, legislature or the public in accordance with AS 24.65.160 .

(c) If timely objection to disclosure is filed with the victims' advocate under (b) of this section and if, despite the objection, the victims' advocate finds that disclosure in accordance with AS 24.65.160 of the confidential matter is authorized by AS 24.65.120 (c) and is essential to fully inform the governor, legislature, or the public, and to obtain the justice agency's acceptance of a finding and implementation of a recommendation in order to correct an action, decision or omission of the justice agency that was detrimental to the complainant or victim, the victims' advocate will give written notice to the justice agency making objection under (b) of this section that the victims' advocate intends to publish the matter. In the notice, the victims' advocate will

(1) briefly state each reason for the decision to disclose the confidential matter; and

(2) indicate the approximate date on which the victims' advocate expects to make disclosure of the confidential matter, which may not be sooner than 10 calendar days from the date of the notice.

(d) At any time before the date described in (c)(2) of this section, a justice agency may apply to the superior court for an order preventing the victims' advocate from publishing the confidential matter. In making a determination as to whether the victims' advocate may disclose the confidential matter in the report to be published

(1) if the record contains both disclosable and confidential matters and the confidential matters cited by the justice agency objecting to disclosure may be reasonably separated from confidential portions in a manner that will allow meaningful information to be disclosed, the court may determine that the confidential matters identified under the authority cited by the justice agency objecting to disclosure must be deleted and thereafter may allow the victims' advocate to release the disclosable matters;

(2) if the matter is wholly confidential, or if the matter contains both disclosable and confidential information and the confidential information cited by the agency or person objecting to disclosure of the matter cannot be reasonably separated from confidential portions in a manner that will allow meaningful information to be disclosed, the court may allow the victims' advocate to disclose the matter if the court determines that the need for disclosure outweighs the nature and weight of the privacy interest asserted by the justice agency; or

(3) if the material to which objection to disclosure is made is found by the court not to be a confidential matter, the victims' advocate will make disclosure of the matter in accordance with the court's order.

(e) Nothing in this section shall be construed to prevent or delay the publication of a victims' advocate's opinion and recommendations to the governor, legislature, or the public in accordance with AS 24.65.160 if the material to which objection to disclosure has been made, and which is the subject of litigation under (d) of this section, has been redacted by the victims' advocate pending a decision of the superior court.

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

Authority: AS 24.65.090

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