22 AAC 20.615 - Rights of victims at special medical parole hearings

(a) If the board grants a request under 22 AAC 20.610(e) to conduct an emergency special medical parole hearing, the department shall

(1) attempt immediate telephonic notification of the victim of the impending hearing; and

(2) no more than 10 working days after the hearing, notify the victim of the board's decision.

(b) The victim will be advised of provisions under 22 AAC 20.105 and 22 AAC 20.613 for attendance at a special medical parole hearing, and of the victim's rights under AS 33.16.087.

(c) If feasible, and upon the victim's request, the board will allow a victim to participate telephonically at a special medical parole hearing.

(d) The victim may provide written 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 special medical parole, and conditions of parole. The comments must be provided to the board within the timeframe designated by the board. The department shall provide any copies required by33.16.087(c) for the prisoner and the prisoner's attorney.

(e) The victim is subject to the requirements of 22 AAC 20.095.

(f) If the victim attends a special medical parole hearing, the board may question the victim about written or oral comments made under (d) of this section, or about other information relevant to the special medical parole decision.

(g) A victim present at a special medical parole hearing will be given the opportunity, within time constraints established by the board, to testify on the hearing record. The victim shall direct all statements to the chair, and not to the applicant or attorney. The applicant and attorney shall direct all statements to the chair, and may not direct any statements or questions to the victim.

Notes

22 AAC 20.615

Eff. 3/29/2003, Register 165; am 8/28/2015, Register 215, October 2015

Authority:AS 33.16.060

AS 33.16.085

AS 33.16.087