Section 33.16.130. Parole procedures [See delayed amendment note]..

   (a) The parole board shall hold a hearing before granting an eligible prisoner special medical or discretionary parole. The board shall also hold a hearing if requested by a victim under procedures established for the request for a prisoner eligible for administrative parole. A hearing shall be conducted within the following time frames:
        (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 days before the first parole eligibility date, unless the prisoner is eligible for administrative parole;
        (2) for all other prisoners, not less than 30 days after the board is notified of the need for a hearing by the commissioner or the commissioner's designee.
   (b) The commissioner or the commissioner's designee shall furnish to the prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all records that the board will consider in making its decision except those that are made confidential by law. The prisoner may also respond in writing to all materials the board considers, be present at the hearing, and present evidence to the board.
   (c) If the board denies parole, the board shall state the reasons for the denial, identify all of the factors considered relevant to the denial, and provide a written plan for addressing all of the factors relevant to the denial. The board may schedule a subsequent parole hearing at the time of the denial or at a later date as follows:
        (1) for the first parole denial, within two years after the first parole eligibility date;
        (2) for the second and subsequent denials, within two years after the most recent parole hearing.
   (d) The board shall issue its decision in writing and provide a copy of the decision to the prisoner.

Authorities

33.16.100;33.16.170;33.16.230

Notes

Implemented As

22 AAC 20.100
22 AAC 20.102
22 AAC 20.125
22 AAC 20.150
22 AAC 20.155
22 AAC 20.160
22 AAC 20.165
22 AAC 20.175
22 AAC 20.180
22 AAC 20.235
22 AAC 20.240
22 AAC 20.250
22 AAC 20.290

References

AS 33.16.100 Granting of discretionary parole.
AS 33.16.170 Confidentiality of records and information.
AS 33.16.230 Waiver of hearing.

History

(Sec. 2 ch 88 SLA 1985; am Sec. 133 ch 36 SLA 2016)