Section 33.16.240. Arrest of parole violator.

   (a) A parolee may be arrested, with or without a warrant, for a violation of parole.
   (b) A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred.
   (c) In addition to the powers granted to a police officer under (g) of this section, a parole officer may, without a warrant, arrest a parolee for a violation of parole only if there is danger to the public, if there is a likelihood that the parolee will flee, or if the parolee committed a crime in the presence of the parole officer.
   (d) If a parolee is arrested without a warrant, the parole officer shall notify the board no later than the working day immediately following the arrest.  The parole officer shall, within five working days after the arrest, provide the board with a written report setting out the alleged violation and circumstances that required immediate arrest of the parolee.
   (e) A parolee arrested for violation of parole is not entitled to bail.
   (f) Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole does not alter the time the parolee was sentenced to serve.
   (g) At any time within the period of parole supervision, a police officer certified by the Alaska Police Standards Council may detain a parolee if the officer has reasonable suspicion that the person has recently violated or may imminently violate a parole condition relating to one of the topics set out in AS 33.05.070(d). The officer may also arrest the parolee without a warrant if the officer has probable cause to believe that the person has violated a parole condition relating to one of the topics set out in AS 33.05.070(d).
   (h) [Effective January 1, 2017]. =ro A parolee arrested under this section for a technical violation shall be released once the parolee has served the maximum number of days that could be served for a technical violation under AS 33.16.215. Nothing in this subsection prohibits the board or its designee from releasing a parolee sooner.
   (i) [Effective January 1, 2017]. =ro The board or its designee may impose additional conditions necessary to ensure the parolee's appearance at a hearing held under AS 33.16.220(h).

Authorities

33.05.070;33.16.250

Notes

Implemented As

22 AAC 20.275
22 AAC 20.365
22 AAC 20.370
22 AAC 20.375
22 AAC 20.490

References

AS 33.05.070 Arrest of probationer.
AS 33.16.250 Execution of warrant for arrest of parolee.

History

(Sec. 2 ch 88 SLA 1985; am Sec. 30, 31 ch 2 SLA 2005; am Sec. 150 ch 36 SLA 2016)