23 AAC 10.020. Declining a complaint

(a) The victims' advocate may refuse to accept a complaint or provide crime victim advocacy or investigative services when, in the judgment of the victims' advocate, it appears that,

(1) the office of victims' rights does not have jurisdiction as established by law;

(2) the complaint does not involve a violation of a specific statutory or constitutional crime victim right;

(3) the complaint may involve a violation of a specific statutory or constitutional crime victim right but the claimant is not a crime victim as defined by the law of this state;

(4) the claimant is a criminal defendant as defined in 23 AAC 40.100;

(5) the complaint is primarily civil in nature;

(6) the resources of the office of victims' rights are, or may be, inadequate to provide the complainant with competent advocacy or investigative services, or may be unduly diminished by providing the complainant with competent advocacy or investigative services to the detriment of other cases;

(7) the complainant refuses to sign the complaint form; or

(8) the public's interest or welfare would not be served by accepting the complaint or providing crime victim advocacy or investigative services to the complainant.

(b) Notice to the complainant under this section that a complaint is declined may be oral. The victims' advocate may state in writing the reasons for refusing to accept a complaint, or to provide advocacy or investigative services, if requested by the complainant in writing within 10 calendar days from the oral notice.

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

Authority: AS 24.65.090

AS 24.65.100

AS 24.65.250

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