23 AAC 40.100. Definitions

In this title,

(1) "confidential" means information that may be nondisclosable to another under a valid federal or Alaska statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by an agency protective order authorized by law and which, absent a specific prior written waiver by the person who is benefited by the confidentiality, or an exception provided in law or this title, may not be disclosed;

(2) "confidential record obtained from a court or justice agency" as used in AS 24.65 and this title, unless a federal or state law or regulation specifically prohibits the disclosure under any circumstances of the confidential record in question in the matter under consideration, does not include

(A) a document obtained or obtainable by a member of the public under AS 40.25

(B) a document obtained or obtainable by a member of the public from other public sources; or

(3) "complainant" means a person who submits a written and signed complaint to the victims' advocate on a form supplied by the office of victims' advocacy for that purpose and who is a victim;

(4) "criminal defendant" means a person who is charged with or who has been convicted of any crime arising from the same action, occurrence, or event as the alleged violation of the person's victims' rights under the constitution and the laws of the state;

(5) "domestic violence" has the meaning given in AS 18.66.990 ;

(6) "formal investigation" means an investigation utilizing the powers accorded to the victims' advocate provided in AS 24.65.120 (b)(2) in addition to the other powers provided in AS 24.65;

(7) "informal investigation" means an investigation utilizing the powers accorded to the victims' advocate in AS 24.65 other than as provided in AS 24.65.120 (b)(2);

(8) "justice agency" or "criminal justice agency" has the meaning given in AS 24.65.250 and includes all employees or agents of the agency;

(9) "juvenile" means a person who has been or is being prosecuted by the state on a criminal charge;

(10) "matters" includes information and confidential information, but does not include confidential records obtained from a court or justice agency;

(11) "office" means the office of victims' rights as established under AS 24.65;

(12) "ongoing criminal case or juvenile adjudication" includes an active or closed prosecution, trial, legal action, lawsuit, or juvenile adjudication of any kind, at any stage or proceeding of the trial, legal action, adjudicatory hearing, parole or probation revocation hearing, lawsuit, or juvenile adjudication, including any appeal, in a court in this or another state or of the United States; "ongoing criminal case or juvenile adjudication" includes an open or closed investigation conducted by any justice agency, including matters under investigation by a grand jury, undertaken by any one or more justice agencies of this state, regardless of whether the investigation is considered open or closed by the justice agency and regardless of whether criminal charges are still under consideration, have been filed or have been declined by a justice agency; in this paragraph, "legal action" includes a grievance before the Alaska Bar Association or the bar association or licensing or disciplinary entity of another state or jurisdiction;

(13) "person" has the meaning given in AS 01.10.060 ;

(14) "private hearing" means a hearing that is confidential and closed to the public in accordance with the confidentiality provisions of AS 24.65.110 (d), and AS 24.65.120 (c);

(15) "record" means a document, paper, memorandum, book, letter, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business by an agency or person, and preserved as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the agency or person or because of the informational value in them; "record" also includes staff manuals and instructions to staff that directly or indirectly affect the public;

(16) "right" means a right guaranteed to a crime victim under the constitution and laws of the state;

(17) "victim" or "crime victim" means a person included in the definition of that term in AS 12.55.185 but does not include a criminal defendant, or a juvenile in a juvenile adjudication.

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

Authority: AS 24.65.090

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