22 AAC 25.010 - Standards and approval of programs
(a) An individual
or agency offering a program for the rehabilitation of perpetrators of domestic
violence that will be imposed as a condition of probation under
AS
12.55.101(a), as a condition
of a protective order under
AS
18.66.100(c), or as a
condition of parole under
AS
33.16.150(f), must, before
providing the counseling or education, receive approval for the program from
the department under this chapter. The individual or agency may apply to the
department for approval by submitting an application on a form provided by the
department to the council for its review and comments. The department will
review the recommendations made by the council regarding the approval or denial
of the application. The department will provide the applicant with written
notification of the approval or denial of the application within 120 days of
receipt of the application by the council.
(b) The department will approve a program for
the rehabilitation of perpetrators of domestic violence if the program
(1) proves to the satisfaction of the
department that it complies with the provisions of this chapter; and
(2) agrees to periodic audits and unannounced
on-site inspections by the department or by an agency designated by the
department to ensure compliance with the provisions of this chapter; the audits
and inspections may include interviews of staff, a review of records related to
program policies and procedures and a review of records of program participants
on probation or otherwise in the custody of the department; records reviewed by
the department or by an agency designated by the department in the course of an
audit or inspection do not become public records by virtue of the audit or
inspection.
(c)
Unannounced on-site inspections described in (b) of this section will be
conducted in a manner designed to minimize disruption to regularly-scheduled
program activities.
(d) Except as
provided in (e) of this section, the department will withdraw its approval of a
program for the rehabilitation of perpetrators of domestic violence, and will
notify the local court, prosecutor, law enforcement agency, and other criminal
justice and social service agencies, if the department determines that
(1) the program no longer complies with one
or more of the provisions of this chapter; or
(2) the program knowingly submitted false or
materially misleading information in the process of applying for or maintaining
approval under this chapter.
(e) Notwithstanding (d) of this section, the
department will place an approved program on probationary status for a
specified period not to exceed 90 days if the program fails to comply with one
or more of the provisions of this chapter and the department determines that
the violation is not significant and probation can rectify the non-compliance
with this chapter. Failure of the program to achieve compliance within the
specified probationary period will result in the application being denied or
withdrawal of approval for the program.
(f) Upon application of a program, the
department will waive one or more standards set out in this chapter and approve
the program if the department determines that
(1) there is good cause for the
waiver;
(2) the safety of victims
and children is not compromised by the waiver; and
(3) an acceptable alternative to the standard
being requested to be waived is provided by the program.
(g) An applicant or an individual or agency
operating an approved program may appeal an adverse decision under this section
by submitting a written notice of appeal to the deputy commissioner of the
Department of Corrections within 30 days of receipt of notification of the
decision. The notice of appeal must contain a statement of the reasons for the
appeal and must cite any legal authority upon which the appeal is based. Notice
of an adverse decision will be sent by certified mail, return receipt
requested, to the last address on file in the records of the department for the
applicant or individual or agency. The deputy commissioner will review a
written notice of appeal that is received timely and issue a decision to the
applicant or individual or agency. The deputy commissioner's decision is the
final administrative action.
Notes
Authority:AS 44.28.020
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