Section 23.10.100. Resolution of a complaint without formal investigation; request for production of information or documents.

	(a)  The victims' advocate may elect to conduct a formal or informal investigation of a complaint, or both. Before initiating a formal investigation in accordance with AS 24.65.120(b)(2), the victims' advocate may attempt to resolve a complaint informally by contacting a person or a justice agency to make relevant inquiries and to obtain information and documents considered necessary by the victims' advocate. In so doing, the victims' advocate will briefly state in writing the basis for the complaint and will provide the person or justice agency details considered by the victims' advocate necessary and sufficient for the person or justice agency to respond fully.  
	(b)  Under AS 24.65.120(b)(1), exercise of authority by the victims' advocate to make inquiries and obtain information considered necessary related to a complaint includes, at the request of the victims' advocate,  
		(1) submission to the victims' advocate of a written explanation of the relevant facts and circumstances relating to the complaint prepared by a person or a justice agency; the victims' advocate shall make a request under this paragraph in writing, and the person or justice agency shall submit the written explanation of the relevant facts and circumstances relating to the complaint, if requested by the victims' advocate in writing, the written explanation shall be provided under oath, nothing in this section shall be construed to diminish the right of the victims' advocate to additionally require the person or justice agency to provide the explanation of the relevant facts and circumstances relating to a complaint under oath in accordance with AS 24.65.120(b)(2) and 24.65.130(a).  
		(2) submission to the victims' advocate of all information or documents available to an adult or juvenile criminal defendant or a juvenile as provided for by law regardless of whether the information or documents have been provided to the adult or juvenile criminal defendant or a juvenile.  
	(c)  A person or a justice agency and its employees shall cooperate fully with the victims' advocate and shall provide all requested information and documents that they are required to provide under AS 24.65  and this title in a timely, complete, and good faith manner. Unless otherwise requested in writing by the victims' advocate, the person or justice agency shall respond fully in writing within 10 calendar days from receipt of the victims' advocate's written request. If additional time within which to respond is requested by the person or justice agency within that 10-day period, the victims' advocate may agree to grant it, but the total amount of time may not exceed 30 calendar days from the victims' advocate's initial request.  
	(d)  If a person or a justice agency fails to respond to the victims' advocate's request for information and documents under this title, or fails to respond in a timely, complete, or good faith manner, the victims' advocate may elect to proceed with the investigation in accordance with AS 24.65  and this title without further notice to the person or justice agency or seek judicial enforcement of the request in accordance with AS 24.65  and this title.  

Authorities

24.65.090;24.65.100;24.65.120;24.65.130

Notes

Reference

23 AAC 10.200

Authority

AS 24.65.090 AS 24.65.100 AS 24.65.120 AS 24.65.130

History

Eff. 6/27/2004, Register 170