Section 33.16.120. Rights of certain victims in connection with parole.

   (a) [See delayed amendment note]. =ro If the victim of a crime against a person or arson in the first degree requests notice of a scheduled hearing to review or consider discretionary parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by a copy of the prisoner's parole plan submitted to the board. However, the copy of the parole plan sent to the victim may not include the prisoner's confidential health information, information protected under AS 33.16.170, proposed residence, or employment addresses.
   (b) A victim who requests notice under this section shall maintain a current, valid mailing address on file with the board. The board shall send the notice required by this section to the last known address of the victim. The victim's address may not be disclosed to the prisoner or the prisoner's attorney.
   (c) The victim has a right to attend meetings of the parole board in which the status of the prisoner convicted of the crime against that victim is officially  considered and to comment, in writing or in person, on the proposed action of the board. Copies of any written comments shall be provided to the prisoner and the prisoner's attorney before action by the board.
   (d) The board shall consider the comments presented under (c) of this section in deciding whether to release the prisoner on parole.
   (e) If the victim requests, the board shall make every reasonable effort to notify the victim as soon as practicable in writing of its decision to grant or deny discretionary parole or to release the prisoner under AS 33.16.010(c). The notice under this subsection must include the expected date of the prisoner's release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner's conditions of parole that may affect the victim.
   (f) [See delayed amendment note]. =ro Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the victim before the prisoner's release date. Notification under this subsection must include the expected date of the prisoner's release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner's conditions of parole that may affect the victim.
   (g) [See delayed amendment note]. =ro A victim of a crime involving domestic violence or of a sexual assault under AS 11.41.410 - 11.41.427 shall be informed by the board at least 30 days in advance of a scheduled hearing to review or consider parole for a prisoner. The board shall inform the victim of any decision to grant or deny parole or to release the prisoner under AS 33.16.010(c). If the prisoner is to be released, the victim shall be notified of the expected date of the release, the geographic area in which the prisoner will reside, and any other information concerning conditions of parole that may affect the victim. The victim shall also be informed of any changes in the conditions of parole that may affect the victim. The board shall send the notice required to the last known address of the victim. A person may not bring a civil action for damages for a failure to comply with the provisions of this subsection.
   (h) [Effective January 1, 2017]. =ro A victim who has a right to notice under (a) of this section may request a hearing before a prisoner is released on administrative parole under AS 33.16.089. The notice to the victim must include the procedure and time frame for requesting a hearing.

Authorities

12.61.010;33.16.089

Notes

Implemented As

22 AAC 20.095
22 AAC 20.102
22 AAC 20.105
22 AAC 20.120
22 AAC 20.155
22 AAC 20.160
22 AAC 20.165
22 AAC 20.265

References

22 AAC 20.160
AS 12.61.010 Rights of crime victims.
AS 33.16.089 Eligibility for administrative parole [Effective January 1, 2017]..

History

(Sec. 2 ch 88 SLA 1985; am Sec. 12 - 15 ch 59 SLA 1989; am Sec. 51 ch 64 SLA 1996; am Sec. 129 - 132 ch 36 SLA 2016)