Section 22.20.105. Appearance by victim and submission of written material by victim at discretionary parole release hearings.

	(a)  The victim of a crime will be notified of a discretionary parole, special medical parole, parole rescission, parole revocation, or parole reconsideration hearing if the victim maintains a current, valid mailing address on file with the department.  
	(b)  If the victim requests to provide comments in a hearing described in (a) of this section, the board will allow the victims to comment  
		(1) in person, including by telephone or by videoconference if available; or  
		(2) in writing, including by electronic mail.  
	(c)  The victim may provide written material or oral comments to the board regarding the impact of the crime on the victim or the victim's family, the applicant's suitability for parole, and the conditions of parole. A victim may present verbal testimony within time constraints established by the board. A victim shall direct all statements to the chair, and may not direct a statement or question to an applicant, parolee, or attorney. An applicant, parolee, or attorney shall direct all statements to the chair, and may not direct a statement or question to the victim present at the hearing.  
	(d)  A victim testifying at a parole hearing is not required to make statements under oath unless appearing as a fact witness to a parole violation charge. An applicant, parolee, or attorney may not question a victim who provides unsworn testimony before the board. If a victim chooses to or is required to provide sworn testimony, the applicant, parolee, or attorney shall direct any questions to the victim through the chair.  
	(e)  Not later than five working days before the scheduled date of a parole hearing, a victim who wishes to attend the hearing must notify the applicant's or parolee's assigned parole officer of the victim's intent to attend the hearing. If the victim fails to provide timely notification of the intent to attend the hearing, the board will attempt to accommodate the request if resources and the board's calendar permit.  
	(f)  A victim is subject to the requirements of 22 AAC 20.095.  
	(g)  If the victim attends the hearing, the board may question the victim about written material submitted or oral comments made under (c) and (d) of this section, or about other information relevant to the parole decision.  
	(h)  The board will provide the applicant or parolee a copy of any materials that the victim presented to the board. From any copy provided to the applicant or parolee, the board will redact the victim's residence address, mailing address, electronic mail address, and telephone number, and any other information that could disclose the location of the victim of a crime. Before the board hearing the parole officer shall advise the victim that the applicant or parolee will be physically present in the hearing room.  
	(i)  Upon written request to the board not later than five working days before the hearing, an attending victim may request that one personal victim support advocate be present with the victim at the hearing. The request must state the name of the proposed victim support advocate and the advocate's relationship to the victim. The chair will make a preliminary decision whether to allow the requested personal victim support advocate to be present at the hearing. The victim will be notified of the chair's preliminary decision before the hearing. Before starting the hearing, the board will determine whether to accept the chair's preliminary decision. If permitted to attend a hearing, a victim support advocate may not present any testimony.  

Authorities

33.16.060;33.16.120;33.16.150;33.16.180

Notes

Reference

22 AAC 20.100
22 AAC 20.150
22 AAC 20.155
22 AAC 20.160
22 AAC 20.613
22 AAC 20.615

Authority

AS 33.16.060 AS 33.16.120 AS 33.16.150 AS 33.16.180

History

Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215