Section 22.20.420. Preliminary revocation hearing decisions available to hearing officer.

	(a)  The hearing officer may determine that probable cause has not been established to believe that the parolee has violated a law or condition of parole, in which case the parolee must be returned to parole supervision to an approved plan under parole conditions.  
	(b)  The hearing officer may find that probable cause has been established to believe that the parolee has violated a law or a condition of parole, but may return the parolee to supervision pending the final revocation hearing, subject to any additional conditions of parole. The release of a prisoner to supervision is subject to the requirements of AS 33.16.220(c)(5) for a violation involving an act of domestic violence.  
	(c)  The hearing officer may find that probable cause has been established to believe that the parolee has committed a violation of a law or a condition of parole, and order that the parolee remain in custody pending the final revocation hearing.  
	(d)  The hearing officer may continue the hearing at the request of either party or upon the hearing officer's own initiative. The hearing officer may continue the hearing if the hearing officer believes additional information needs to be presented before a finding is made or before a decision on whether to release is made. If this option is chosen, reasonable attempts will be made to complete the hearing within 15 working days after the continuance of the hearing. However, a continuance will be for the time required in the interest of justice. A continuance may be granted only when it is supported by good cause.  

Authorities

33.16.060;33.16.220

Notes

Reference

22 AAC 20.405

Authority

AS 33.16.060 AS 33.16.220

History

Eff. 1/30/91, Register 117; am 3/29/2003, Register 165