Chapter 16. Parole Administration.

Sec. 33.16.010. Parole.
 (a) A prisoner who is serving a term or terms of two years or more is eligible for mandatory parole.

 (b) A prisoner who is eligible under AS 33.16.090 may be granted discretionary parole by the board of parole.

 (c) Except as provided in (g) of this section, a prisoner who is not eligible for special medical or discretionary parole, or who is not released on special medical or discretionary parole, shall be released on mandatory parole for the term of good time deductions credited under AS 33.20, if the term or terms of imprisonment are two years or more.

 (d) A prisoner released on special medical, discretionary, or mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. Parole may be revoked under AS 33.16.220.

 (e) A prisoner eligible under AS 33.16.085 may be released on special medical parole by the Parole Board.

 (f) [Repealed, § 72 ch 1 4SSLA 2017.]

 (g) A prisoner is not eligible for mandatory parole if the prisoner has been convicted of a crime under AS 11.41.100 or 11.41.110.




Sec. 33.16.020. Board of parole.
 (a) There is in the Department of Corrections a board of parole consisting of five members appointed by the governor, subject to confirmation by a majority of members of the legislature in joint session.

 (b) Members of the board serve for staggered terms of five years and until their successors are appointed.

 (c) The governor shall choose the presiding officer of the board from among the membership.

 (d) The governor shall make appointments to the board with due regard for representation on the board of the ethnic, racial, sexual, and cultural populations of the state.

 (e) The governor shall appoint at least one member who resides in the First Judicial District, one member who resides in the Third Judicial District, and one member who resides in either the Second or Fourth Judicial District.




Sec. 33.16.030. Selection criteria for board members.
 (a) The governor shall appoint board members on the basis of their qualifications to make decisions that are compatible with the welfare of the community and of individual offenders. The governor shall appoint members who are able to consider the character and background of offenders and the circumstances under which offenses were committed.

 (b) At least one person appointed to the board must have experience in the field of criminal justice.

 (c) Officers or employees of the state may not be appointed to the board.




Sec. 33.16.040. Compensation and expenses.
A board member is entitled to compensation at an amount to be set by the governor for each day the member is participating in business of the board, and is also entitled to the per diem and travel allowances provided under AS 39.20.180.

Sec. 33.16.050. Meetings of the board.
 (a) The board may meet as often as it considers necessary to carry out its responsibilities, but shall meet at least four times a year.

 (b) Three members of the board constitute a quorum for the conduct of business.

 (c) Except when a member of the board imposes special conditions of mandatory parole for the board under AS 33.16.150 and except as provided in (e) of this section, decisions and orders of the board require the affirmative votes of a majority of the members present.

 (d) The board may conduct meetings by the use of teleconferencing facilities.

 (e) A meeting of the board is not required for a decision or order setting special conditions of mandatory parole by a single member of the board under AS 33.16.150(b) and (e). If a prisoner or parolee who is aggrieved by the board member's decision or order applies to the full board under AS 33.16.150(e) and 33.16.160 for a change in parole conditions, the board shall meet to act on the application.




Sec. 33.16.060. Duties of the board.
 (a) The board shall
     (1) serve as the parole authority for the state;

     (2) consider the suitability for parole of a prisoner who is eligible for discretionary parole or special medical parole if
          (A) the prisoner had no disciplinary action imposed during incarceration; or

          (B) the prisoner had disciplinary action imposed during incarceration and the prisoner filed an application with the board for discretionary or special medical parole;

     (3) impose parole conditions on all prisoners released under special medical, discretionary, or mandatory parole;

     (4) under AS 33.16.210, discharge a person from parole when custody is no longer required;

     (5) maintain records of the meetings and proceedings of the board;

     (6) recommend to the governor and the legislature changes in the law administered by the board;

     (7) recommend to the governor or the commissioner changes in the practices of the department and of other departments of the executive branch necessary to facilitate the purposes and practices of parole;

     (8) upon request of the governor, review and recommend applicants for executive clemency; and

     (9) execute other responsibilities prescribed by law.

 (b) The board shall adopt regulations under the Administrative Procedure Act (AS 44.62)
     (1) establishing standards under which the suitability of a prisoner for special medical or discretionary parole shall be determined;

     (2) providing for the supervision of parolees and for recommitment of parolees; and

     (3) governing procedures of the board.

 (c) The board shall establish a program for a parolee who has conditions of parole that include not consuming controlled substances or alcoholic beverages and who has been identified as being at moderate to high risk as identified by a risk-needs assessment. The program must
     (1) include random testing for controlled substance and alcoholic beverage use;

     (2) require that a parole officer file a parole violation report by the close of the next business day if a parolee
          (A) fails to appear for an appointment as directed by the parole officer; or

          (B) tests positive for the use of controlled substances or alcoholic beverages; and

     (3) include a means to notify the board by the close of the next business day that a parole violation report has been filed on a parolee placed in the program by the board.




Sec. 33.16.070. Process.
The board or a member of the board may issue subpoenas and subpoenas duces tecum in the performance of board duties under AS 33.16.060(a). Subpoenas issued under this section are enforceable in superior court.

Sec. 33.16.080. Executive director.
The board shall hire an executive director to serve the board in the discharge of its duties. The executive director must have had training and experience in the field of criminal justice. The executive director may employ additional staff to assist the board.

Sec. 33.16.085. Special medical parole.
 (a) Notwithstanding a presumptive, mandatory, or mandatory minimum term or sentence a prisoner may be serving or any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term of at least 181 days may, upon application by the prisoner or the commissioner, be released by the board on special medical parole if the board determines that
     (1) the prisoner has not been convicted of an offense under AS 11.41.410 — 11.41.425 or 11.41.434 — 11.41.438 and the prisoner is severely medically or cognitively disabled as certified in writing by a physician licensed under AS 08.64;

     (2) a reasonable probability exists that
          (A) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;

          (B) because of the prisoner's severe medical or cognitive disability, the prisoner will not pose a threat of harm to the public if released on parole; and

          (C) release of the prisoner on parole would not diminish the seriousness of the crime;

     (3) the prisoner
          (A) was not suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated; or

          (B) was suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated and the medical or cognitive disability has progressed so that the likelihood of the prisoner's committing the same or a similar offense is low;

     (4) the care and supervision that the prisoner requires can be provided in a more medically appropriate or cost-effective manner than by the department;

     (5) the prisoner is incapacitated to an extent that incarceration does not impose significant additional restrictions on the prisoner;

     (6) the prisoner is likely to remain subject to the severe medical or cognitive disability throughout the entire period of parole or to die and there is no reasonable expectation that the prisoner's medical or cognitive disability will improve noticeably; and

     (7) an appropriate discharge plan has been formulated that addresses basic life domains of the prisoner, including care coordination, housing, eligibility for public benefits, and health care, including necessary medication.

 (b) If the board finds a change in circumstances or discovers new information concerning a prisoner who has been granted a special medical parole release date, the board may rescind or revise the previously granted parole release date.

 (c) The board shall issue its decision to grant or deny special medical parole, or to rescind or revise the release date of a prisoner granted special medical parole, in writing and provide a basis for the decision. A copy of the decision shall be provided to the prisoner.




Sec. 33.16.087. Rights of victims in connection with special medical parole.
 (a) If the victim of a crime requests notice of a scheduled hearing to review or consider special medical parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by a copy of the prisoner's or commissioner's application for parole submitted under AS 33.16.085. The copy of the application sent to the victim must include the prisoner's proposed residence and employment addresses.

 (b) A victim who requests notice under this section shall maintain a current, valid mailing address on file with the board. The board shall send the notice required by this section to the last known address of the victim. The victim's address may not be disclosed to the prisoner or the prisoner's attorney.

 (c) The victim has a right to attend meetings of the parole board in which the status of the prisoner convicted of the crime against that victim is officially considered and to comment, in writing or in person, on the proposed action of the board. Copies of any written comments shall be provided to the prisoner and the prisoner's attorney before action by the board.

 (d) The board shall consider the comments presented under (c) of this section in deciding whether to release the prisoner on special medical parole.

 (e) If the victim requests, the board shall make every reasonable effort to notify the victim as soon as practicable in writing of its decision to grant or deny special medical parole. The notice under this subsection must include the expected date of the prisoner's release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner's conditions of parole that may affect the victim.




Sec. 33.16.089. Eligibility for administrative parole.

Sec. 33.16.090. Eligibility for discretionary parole and minimum terms to be served.
 (a) A prisoner sentenced to an active term of imprisonment of at least 181 days may, in the discretion of the board, be released on discretionary parole if the prisoner
     (1) has served the amount of time specified under (b) of this section, except that
          (A) a prisoner sentenced to one or more mandatory 99-year terms under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not eligible for consideration for discretionary parole;

          (B) a prisoner is not eligible for consideration of discretionary parole if made ineligible by order of a court under AS 12.55.115;

          (C) a prisoner imprisoned under AS 12.55.086 is not eligible for discretionary parole unless the actual term of imprisonment is more than one year;

          (D) a prisoner sentenced to a single sentence within or below a presumptive range set out in AS 12.55.125(c), (d)(2) — (4), (e)(3) and (4), or (i) who has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole;

          (E) a prisoner sentenced to a single sentence, including a consecutive or partially consecutive sentence, that is not eligible for a good time deduction under AS 33.20.010(a)(3) and that has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole; or

     (2) is at least 60 years of age, has served at least 10 years of a sentence for one or more crimes in a single judgment, and has not been convicted of an unclassified felony or a sexual felony as defined in AS 12.55.185.

 (b) A prisoner eligible under (a)(1) of this section who is sentenced
     (1) to a single sentence under AS 12.55.125(a) or (b) may not be released on discretionary parole until the prisoner has served the mandatory minimum term under AS 12.55.125(a) or (b),
          (A) two-thirds of the active term of imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest, for a conviction under AS 11.41.100 or 11.41.110;

          (B) one-half of the active term of imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest, for a conviction for an offense not listed in (A) of this paragraph;

     (2) to a single sentence under AS 12.55.125(c), (d)(2) — (4), (e)(3) and (4), or (i), and has been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release during the second half of the sentence, may not be released on discretionary parole until
          (A) the prisoner has served that portion of the active term of imprisonment required by the three-judge panel; and

          (B) in addition to the factors set out in AS 33.16.100(a), the board determines that
                (i) the prisoner has successfully completed all rehabilitation programs ordered by the three-judge panel that were made available to the prisoner; and

                (ii) the prisoner would not constitute a danger to the public if released on parole;

     (3) to a single enhanced sentence under AS 12.55.155(a) that is above the applicable presumptive range may not be released on discretionary parole until the prisoner has served the greater of the following:
          (A) an amount of time, less good time earned under AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth of the amount of time above the presumptive range; or

          (B) any term set under AS 12.55.115;

     (4) to a single sentence under any other provision of law may not be released on discretionary parole until the prisoner has served at least one-fourth of the active term of imprisonment, any mandatory minimum sentence imposed under any provision of law, or any term set under AS 12.55.115, whichever is greatest;

     (5) to concurrent sentences may not be released on discretionary parole until the prisoner has served the greatest of
          (A) any mandatory minimum sentence or sentences imposed under any provision of law;

          (B) any term set under AS 12.55.115; or

          (C) the amount of time that is required to be served under (1) — (4) or (7) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed;

     (6) to consecutive or partially consecutive sentences may not be released on discretionary parole until the prisoner has served the greatest of
          (A) the composite total of any mandatory minimum sentence or sentences imposed under any provision of law, including AS 12.55.127;

          (B) any term set under AS 12.55.115; or

          (C) the amount of time that is required to be served under (1) — (4) or (7) of this subsection for the sentence imposed for the primary crime, had that been the only sentence imposed, plus one-quarter of the composite total of the active term of imprisonment imposed as consecutive or partially consecutive sentences imposed for all crimes other than the primary crime;

     (7) to a single sentence under AS 12.55.125(d) for an offense under AS 11.71.030(a)(2) or (9), and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served one-half of the active term of imprisonment imposed.

 (c) As used in this section,
     (1) “active term of imprisonment” has the meaning given in AS 12.55.127;

     (2) “primary crime” has the meaning given in AS 12.55.127.




Sec. 33.16.100. Granting of discretionary parole.
 (a) The board may authorize the release of a prisoner who is otherwise eligible under AS 12.55.115 and AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability exists that
     (1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;

     (2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;

     (3) the prisoner will not pose a threat of harm to the public if released on parole; and

     (4) release of the prisoner on parole would not diminish the seriousness of the crime.

 (b) If the board finds a change in circumstances in a prisoner's preparole reports listed in AS 33.16.110(a), or discovers new information concerning a prisoner who has been granted a parole release date, the board may rescind or revise the previously granted parole release date. In reconsidering the release date, the procedures set out in AS 33.16.130 shall be followed.

 (c) [Repealed, § 32 ch 2 SLA 2005.]
 (d) [Repealed, § 32 ch 2 SLA 2005.]
 (e) [Repealed, § 179 ch 36 SLA 2016.]
 (f) [Repealed, § 138 ch 4 FSSLA 2019.]
 (g) When considering a prisoner for release on discretionary parole under AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that
     (1) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;

     (2) the prisoner's rehabilitation and reintegration into society will be furthered by release on parole;

     (3) the prisoner will not pose a threat of harm to the public if released on parole; and

     (4) release of the prisoner on parole would not diminish the seriousness of the crime.

 (h) If the board considers an application for discretionary parole and denies parole because the prisoner does not meet the standards in (a) or (g) of this section, the board may make the prisoner ineligible for further consideration of discretionary parole or require that additional time be served before the prisoner is again eligible for consideration for discretionary parole.




Sec. 33.16.110. Preparole reports.
 (a) In determining whether a prisoner is suitable for discretionary parole, the board shall consider the preparole reports including
     (1) the presentence report made to the sentencing court;

     (2) the recommendations made by the sentencing court, by the prosecuting attorney, and by the defense attorney, and any statements made by the victim or the prisoner at sentencing;

     (3) the prisoner's institutional conduct history while incarcerated;

     (4) recommendations made by the staff of the correctional facilities in which the prisoner was incarcerated;

     (5) reports of prior crimes, juvenile histories, and previous experiences of the prisoner on parole or probation;

     (6) physical, mental, and psychiatric examinations of the prisoner;

     (7) information submitted by the prisoner, the sentencing court, the victim of the crime, the prosecutor, or other persons having knowledge of the prisoner or the crime;

     (8) information concerning an unjustified disparity in the sentence imposed on a prisoner in relation to other sentences imposed under similar circumstances;

     (9) the case plan created under AS 33.30.011(a)(8) for the prisoner, including a compliance report on the case plan;

     (10) a reentry plan created under AS 33.30.011(a)(9); and

     (11) other relevant information that may be reasonably available.

 (b) The board shall provide information available under (a)(3) and (a)(6) of this section when requesting comments on the discretionary parole of a prisoner from the sentencing court.




Sec. 33.16.120. Rights of certain victims in connection with parole.
 (a) If the victim of a crime against a person or arson in the first degree requests notice of a scheduled hearing to review or consider discretionary parole for a prisoner convicted of that crime, the board shall send notice of the hearing to the victim at least 30 days before the hearing. The notice must be accompanied by a copy of the prisoner's parole plan submitted to the board. However, the copy of the parole plan sent to the victim may not include the prisoner's confidential health information, information protected under AS 33.16.170, proposed residence, or employment addresses.

 (b) A victim who requests notice under this section shall maintain a current, valid mailing address on file with the board. The board shall send the notice required by this section to the last known address of the victim. The victim's address may not be disclosed to the prisoner or the prisoner's attorney.

 (c) The victim has a right to attend meetings of the parole board in which the status of the prisoner convicted of the crime against that victim is officially considered and to comment, in writing or in person, on the proposed action of the board. Copies of any written comments shall be provided to the prisoner and the prisoner's attorney before action by the board.

 (d) The board shall consider the comments presented under (c) of this section in deciding whether to release the prisoner on parole.

 (e) If the victim requests, the board shall make every reasonable effort to notify the victim as soon as practicable in writing of its decision to grant or deny discretionary parole or to release the prisoner under AS 33.16.010(c). The notice under this subsection must include the expected date of the prisoner's release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner's conditions of parole that may affect the victim.

 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c) or 33.16.090, the board shall make every reasonable effort to notify the victim before the prisoner's release date. Notification under this subsection must include the expected date of the prisoner's release, the geographic area in which the prisoner is required to reside, and other pertinent information concerning the prisoner's conditions of parole that may affect the victim.

 (g) A victim of a crime involving domestic violence or of a sexual assault under AS 11.41.410 - 11.41.427 shall be informed by the board at least 30 days in advance of a scheduled hearing to review or consider parole for a prisoner. The board shall inform the victim of any decision to grant or deny parole or to release the prisoner under AS 33.16.010(c). If the prisoner is to be released, the victim shall be notified of the expected date of the release, the geographic area in which the prisoner will reside, and any other information concerning conditions of parole that may affect the victim. The victim shall also be informed of any changes in the conditions of parole that may affect the victim. The board shall send the notice required to the last known address of the victim. A person may not bring a civil action for damages for a failure to comply with the provisions of this subsection.

 (h) [Repealed, § 27 ch 13 SLA 2017.]




Sec. 33.16.130. Parole procedures.
 (a) A prisoner eligible for discretionary parole may apply to the board for discretionary parole. As part of the application for parole, the prisoner shall submit to the board a parole release plan that includes information concerning the prisoner's plan for employment, residence, and rehabilitation if released on parole.

 (b) Before the board determines a prisoner's suitability for discretionary parole, the prisoner is entitled to a hearing before the board. The commissioner or the commissioner's designee shall furnish to the prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all records that the board will consider in making its decision except those that are made confidential by law. The prisoner may also respond in writing to all materials the board considers, be present at the hearing, and present evidence to the board.

 (c) If the board denies parole, the board shall state the reasons for the denial, identify all of the factors considered relevant to the denial, and provide a written plan for addressing all of the factors relevant to the denial. The board may schedule a subsequent parole hearing at the time of the denial or at a later date.

 (d) The board shall issue its decision in writing and provide a copy of the decision to the prisoner.




Sec. 33.16.140. Order for parole.
An order for parole issued by the board, setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole custody ends, shall be furnished to each prisoner released on special medical, discretionary, or mandatory parole.

Sec. 33.16.150. Conditions of parole.
 (a) As a condition of parole, a prisoner released on special medical, discretionary, or mandatory parole
     (1) shall obey all state, federal, or local laws or ordinances, and any court orders applicable to the parolee;

     (2) shall make diligent efforts to maintain steady employment or meet family obligations;

     (3) shall, if involved in education, counseling, training, or treatment, continue in the program unless granted permission from the parole officer assigned to the parolee to discontinue the program;

     (4) shall report
          (A) upon release to the parole officer assigned to the parolee;

          (B) at other times, and in the manner, prescribed by the board or the parole officer assigned to the parolee that accommodate the diligent efforts of the parolee to secure and maintain steady employment or to participate in educational courses or training programs;

     (5) shall reside at a stated place and not change that residence without notifying, and receiving permission from, the parole officer assigned to the parolee;

     (6) shall remain within stated geographic limits unless written permission to depart from the stated limits is granted the parolee;

     (7) may not use, possess, handle, purchase, give, distribute, or administer a controlled substance as defined in AS 11.71.900 or under federal law or a drug for which a prescription is required under state or federal law without a prescription from a licensed medical professional to the parolee;

     (8) may not possess or control a firearm; in this paragraph, “firearm” has the meaning given in AS 11.81.900;

     (9) may not enter into an agreement or other arrangement with a law enforcement agency or officer that will place the parolee in the position of violating a law or parole condition without the prior approval of the board;

     (10) may not contact or correspond with anyone confined in a correctional facility of any type serving any term of imprisonment or a felon without the permission of the parole officer assigned to a parolee;

     (11) shall agree to waive extradition from any state or territory of the United States and to not contest efforts to return the parolee to the state;

     (12) shall provide a blood sample, an oral sample, or both, when requested by a health care professional acting on behalf of the state to provide the sample or samples, or an oral sample when requested by a juvenile or adult correctional, probation, or parole officer, or a peace officer, if the prisoner is being released after a conviction of an offense requiring the state to collect the sample or samples for the deoxyribonucleic acid identification registration system under AS 44.41.035;

     (13) from a conviction for a sex offense shall submit to regular periodic polygraph examinations; in this paragraph, “sex offense” has the meaning given in AS 12.63.100.

 (b) The board may require as a condition of special medical, discretionary, or mandatory parole, or a member of the board acting for the board under (e) of this section may require as a condition of mandatory parole, that a prisoner released on parole
     (1) not possess or control a defensive weapon, a deadly weapon other than an ordinary pocket knife with a blade three inches or less in length, or ammunition for a firearm, or reside in a residence where there is a firearm capable of being concealed on one's person or a prohibited weapon; in this paragraph, “deadly weapon,” “defensive weapon,” and “firearm” have the meanings given in AS 11.81.900, and “prohibited weapon” has the meaning given in AS 11.61.200;

     (2) refrain from possessing or consuming alcoholic beverages;

     (3) submit to reasonable searches and seizures by a parole officer, or a peace officer acting under the direction of a parole officer;

     (4) submit to appropriate medical, mental health, or controlled substance or alcohol examination, treatment, or counseling;

     (5) submit to periodic examinations designed to detect the use of alcohol or controlled substances; the periodic examinations may include testing under the program established under AS 33.16.060(c);

     (6) make restitution ordered by the court according to a schedule established by the board;

     (7) refrain from opening, maintaining, or using a checking account or charge account;

     (8) refrain from entering into a contract other than a prenuptial contract or a marriage contract;

     (9) refrain from operating a motor vehicle;

     (10) refrain from entering an establishment where alcoholic beverages are served, sold, or otherwise dispensed;

     (11) refrain from participating in any other activity or conduct reasonably related to the parolee's offense, prior record, behavior or prior behavior, current circumstances, or perceived risk to the community, or from associating with any other person that the board determines is reasonably likely to diminish the rehabilitative goals of parole, or that may endanger the public; in the case of special medical parole, for a prisoner diagnosed with a communicable disease, comply with conditions set by the board designed to prevent the transmission of the disease;

     (12) refrain from traveling in the state to make diligent efforts to secure or maintain steady employment or to participate in educational courses or training programs only if the travel violates other conditions of parole.

 (c) Except for a condition imposed under (b)(1) and (3) — (6) of this section, the board, or a member of the board acting for the board under (e) of this section, may generally delegate imposition of special conditions under (b) of this section to the discretion of the parole officer.

 (d) The board, or a member of the board acting for the board under (e) of this section, may require a prisoner released on parole to comply with special conditions imposed under (b) of this section for any period up to the maximum term under which the prisoner is subject to the custody and jurisdiction of the board.

 (e) The board may designate a member of the board to act on behalf of the board in imposing conditions of mandatory parole under (a) and (b) of this section, in delegating imposition of conditions of mandatory parole under (c) of this section, and in setting the period of compliance with the conditions of mandatory parole under (d) of this section. The decision of a member of the board under this section is the decision of the board. A prisoner or parolee aggrieved by a decision of a member of the board acting for the board under this subsection may apply to the board under AS 33.16.160 for a change in the conditions of mandatory parole.

 (f) In addition to other conditions of parole imposed under this section, the board may impose as a condition of special medical, discretionary, or mandatory parole for a prisoner serving a term for a crime involving domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) — (7); (2) a requirement that, at the prisoner's expense, the prisoner participate in and complete, to the satisfaction of the board, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by, and that is approved by, the department under AS 44.28.020(b); and (3) any other condition necessary to rehabilitate the prisoner. The board shall establish procedures for the exchange of information concerning the parolee with the victim and for responding to reports of nonattendance or noncompliance by the parolee with conditions imposed under this subsection. The board may not under this subsection require a prisoner to participate in and complete a program for the rehabilitation of perpetrators of domestic violence unless the program meets the standards set by, and is approved by, the department under AS 44.28.020(b).

 (g) In addition to other conditions of parole imposed under this section for a prisoner serving a sentence for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a condition of special medical, discretionary, and mandatory parole a requirement that the prisoner submit to electronic monitoring. Electronic monitoring under this subsection must comply with AS 33.30.011(a)(10) and provide for monitoring of the prisoner's location and movements by Global Positioning System technology. The board shall require a prisoner serving a period of parole with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the prisoner has sufficient financial resources to pay the costs or a portion of the costs. A prisoner subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on parole. In this subsection, “correctional facility” has the meaning given in AS 33.30.901.

 (h) In addition to other conditions of parole imposed under this section, for a prisoner serving a sentence for an offense involving the use of alcohol or controlled substances, the board may impose, as a condition of special medical, discretionary, or mandatory parole, a requirement that the prisoner comply with a program established under AS 33.16.060(c) or AS 47.38.020. The board may require a prisoner serving a period of parole and complying with a program established under AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with the program.

 (i) In addition to other conditions of parole imposed under this section, for a prisoner who is serving a sentence for an offense involving the use of alcohol and whom the board has ordered to refrain from possessing or consuming alcoholic beverages, the board shall require the surrender of the person's driver's license or identification card, forward the license or identification card to the department, and impose as a condition of parole that, if the parolee is eligible for a driver's license or identification card, the parolee shall apply to the department for a new license or identification card with a restriction imposed on the person under AS 04.16.160. The board shall notify the department of the board's order under this subsection by providing a copy of the board's order. Upon discharge from parole, the board shall notify the department of the parolee's discharge. In this subsection, “department” means the Department of Administration.




Sec. 33.16.160. Change in parole conditions.
 (a) Upon application of the state or the parolee, the board may change a condition of parole previously imposed under AS 33.16.150(b).

 (b) If the proposed change in conditions of parole is more restrictive of a parolee's liberty, the parolee is entitled to notice of the proposed change, the reasons for the proposed change, a hearing before the board, and an opportunity to respond to the proposed change and to present evidence.

 (c) Notwithstanding (a) and (b) of this section, when a parole officer determines that an emergency situation requires an immediate change in a condition of parole, or the imposition of a new condition, the parole officer may impose the change or new condition immediately, without a hearing. The parole officer shall immediately notify the board of the imposition of the emergency change or new condition and shall provide a written report setting out the basis for the change or new condition and the nature of the emergency. The effective period of a change in condition or imposition of a new condition under this subsection may not exceed 15 working days.

 (d) A condition of parole may be changed, a new condition of parole may be imposed, or a new or changed condition imposed under (c) of this section may be extended by a member of the board or the board's designee if, after a preliminary hearing, an emergency situation is found that requires a change in condition. The effective period of a change in condition under this subsection, the imposition of a new condition under this subsection, or the extension under this subsection of a new or changed condition imposed under (c) of this section may not exceed 90 days.




Sec. 33.16.170. Confidentiality of records and information.
 (a) Except as provided in (b) of this section, the preparole reports listed in AS 33.16.110, and other information obtained and used by the board under this chapter, are confidential and may not be disclosed to anyone other than the board, the sentencing judge, the prosecuting and defense attorneys, the prisoner, the prisoner's attorney, the attorney for the board, the staff of the board, or others granted access to this information under this chapter.

 (b) Notwithstanding (a) of this section and AS 33.16.130(b), in a preparole proceeding under AS 33.16.130 the board may not disclose to the prisoner or the prisoner's attorney
     (1) diagnostic opinions that, if made known to the eligible prisoner, could lead to serious disruption of the prisoner's institutional program;

     (2) portions of a document that reveal sources of information obtained upon a promise of confidentiality; or

     (3) other information that, if disclosed, may result in physical harm to any other person.

 (c) When the board withholds information from a prisoner or the prisoner's attorney under (b) of this section, the board shall provide the prisoner with an excised copy of the material or summary of the material withheld containing as much specificity as the circumstances allow.

 (d) Except for portions containing personal medical, mental health, or substance abuse treatment information or information that is otherwise required to be kept confidential by state or federal law, decisions of the board, orders for parole, and parole conditions imposed by the board are not confidential. The board shall post all decisions, orders of parole, and conditions imposed on a publicly available Internet website with any confidential portions redacted.




Sec. 33.16.180. Duties of the commissioner.
The commissioner shall
     (1) conduct investigations of prisoners eligible for discretionary parole, as requested by the board and as provided in this section;

     (2) supervise the conduct of parolees;

     (3) appoint and assign parole officers and personnel;

     (4) notify the board and provide information on a prisoner 120 days before the prisoner's mandatory release date, if the prisoner is to be released on mandatory parole;

     (5) maintain records, files, and accounts as requested by the board;

     (6) prepare preparole reports under AS 33.16.110(a);

     (7) notify the board in writing of a prisoner's compliance or noncompliance with the prisoner's case plan created under AS 33.30.011(a)(8) not less than 30 days before the prisoner's next parole eligibility date or the prisoner's parole hearing date, whichever is earlier;

     (8) establish an administrative sanction and incentive program to facilitate a swift and certain response to a parolee's compliance with or violation of the of parole and shall adopt regulations to implement the program; at a minimum, the regulations must include
          (A) a decision-making process to guide parole officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of parole, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions;

          (B) policies and procedures that ensure
                (i) a process for responding to negative behavior that includes a review of previous violations and sanctions;

                (ii) that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner's designee; and

                (iii) that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction;

     (9) within 30 days after sentencing of an offender, provide the victim of a crime information on the earliest dates the offender could be released on furlough, probation, or parole, including deductions or reductions for good time or other good conduct incentives, and the process for release, including contact information for the decision-making bodies; and

     (10) notify the board and the victim of a crime upon receiving notice that a parolee has filed a petition for a change of name under AS 09.55.010 or AS 25.24.165.




Sec. 33.16.190. Authority of parole, pretrial services, and probation officers.
An officer appointed by the commissioner under AS 33.05.020(a), AS 33.07, or this chapter, may discharge duties under AS 33.05, AS 33.07, or this chapter.

Sec. 33.16.200. Custody of parolee.
Except as provided in AS 33.16.210, the board retains custody of special medical, discretionary, and mandatory parolees until the expiration of the maximum term or terms of imprisonment to which the parolee is sentenced.

Sec. 33.16.210. Discharge of parolee.
 (a) The board may unconditionally discharge a parolee from the jurisdiction and custody of the board after the parolee has completed one year of parole. A discretionary parolee with a residual period of probation may, after one year of parole, be discharged by the board to immediately begin serving the residual period of probation.

 (b) Notwithstanding (a) of this section, the board may unconditionally discharge a mandatory parolee before the parolee has completed one year of parole if the parolee is serving a concurrent period of residual probation under AS 33.20.040(c), and the period of residual probation and the period of suspended imprisonment each equal or exceed the period of mandatory parole.

 (c) At the discretion of a parole officer, a parole officer may recommend to the board early discharge for a parolee who
     (1) has completed at least one year on parole;

     (2) has completed all treatment programs required as a condition of parole;

     (3) is currently in compliance with all conditions of parole for all of the cases for which the person is on parole; and

     (4) has not been convicted of
          (A) an unclassified felony offense under AS 11;

          (B) a sexual felony as defined in AS 12.55.185; or

          (C) a crime involving domestic violence as defined in AS 18.66.990.




Sec. 33.16.215. Sanctions for technical violations and other violations of parole.

Sec. 33.16.220. Revocation of parole.
 (a) The board may revoke parole if the prisoner or parolee (1) engages in conduct in violation of AS 33.16.150(a), (b), or (f), or (2) has violated an order of the court to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10). Mandatory parole may be revoked before a prisoner's actual release on parole.

 (b) Except as provided in (e) of this section, within 15 working days after the arrest and incarceration of a parolee for violation of a condition of parole, the board or its designee shall hold a preliminary hearing. At the preliminary hearing, the board or its designee shall determine if there is probable cause to believe that the parolee violated the conditions of parole and, when probable cause exists, whether the parolee should be released pending a final revocation hearing. A finding of probable cause at a preliminary hearing in a criminal case is conclusive proof of probable cause that a parole violation occurred.

 (c) In determining whether a parole violator should be released pending a final revocation hearing, the board or its designee shall consider
     (1) the likelihood of the parolee's appearance at a final revocation hearing;

     (2) the seriousness of the alleged violation;

     (3) whether the parolee presents a danger to the community;

     (4) whether the parolee is likely to further violate conditions of parole; and

     (5) whether the parolee is on parole for a crime involving domestic violence; if the violation of the condition of parole involved an act of domestic violence, the parolee may not be released pending the final revocation hearing.

 (d) If the parole violator is released pending a final revocation hearing, the board or its designee may impose additional conditions necessary to ensure the parolee's appearance at the final revocation hearing, and to prevent further violation of conditions of parole.

 (e) A preliminary hearing under (b) of this section is not required if the board holds a final revocation hearing within 20 working days after the parolee's arrest and incarceration.

 (f) If a parolee has had a preliminary hearing under (b) of this section, the board shall hold a final revocation hearing not later than 120 days after a parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this section.

 (g) When the basis for the revocation proceeding is a criminal charge, the parolee may request, or the board upon its own motion may propose, that further proceedings on the revocation be delayed. In making the determination to delay further proceedings, the board shall consider prejudice that may result to the parolee's and the state's interests in the pending criminal case and the parolee's decision to delay final revocation proceedings. If good cause to proceed is found, the board shall consult with the attorney general before continuing the final revocation proceeding.

 (h) At a final revocation hearing, a violation of a condition of parole must be established by a preponderance of the evidence.

 (i) If, after the final revocation hearing, the board finds that the parolee has violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or ordinance, the board may revoke all or a portion of the remaining period of parole or change any condition of parole. A parolee's period of parole is tolled from the date of filing with the parole board of a violation report until the date of the final revocation hearing.

 (j) [Repealed, § 138 ch 4 FSSLA 2019.]




Sec. 33.16.230. Waiver of hearing.
A prisoner or parolee may waive the right to a hearing provided under AS 33.16.130, 33.16.160, or 33.16.220 by submitting a written waiver to the board.

Sec. 33.16.240. Arrest of parole violator.
 (a) A parolee may be arrested, with or without a warrant, for a violation of parole.

 (b) A warrant for the arrest of a parolee who is charged with a violation of parole may be issued by the board, or a member of the board, based on probable cause that a violation has occurred.

 (c) In addition to the powers granted to a police officer under (g) of this section, a parole officer may, without a warrant, arrest a parolee for a violation of parole only if there is danger to the public, if there is a likelihood that the parolee will flee, or if the parolee committed a crime in the presence of the parole officer.

 (d) If a parolee is arrested without a warrant, the parole officer shall notify the board no later than the working day immediately following the arrest. The parole officer shall, within five working days after the arrest, provide the board with a written report setting out the alleged violation and circumstances that required immediate arrest of the parolee.

 (e) A parolee arrested for violation of parole is not entitled to bail.

 (f) Time spent in custody pending revocation proceedings shall be credited toward the unexpired term of imprisonment of the parolee; however, the time the parolee was at liberty on parole does not alter the time the parolee was sentenced to serve.

 (g) At any time within the period of parole supervision, a police officer certified by the Alaska Police Standards Council may detain a parolee if the officer has reasonable suspicion that the person has recently violated or may imminently violate a parole condition relating to one of the topics set out in AS 33.05.070(d). The officer may also arrest the parolee without a warrant if the officer has probable cause to believe that the person has violated a parole condition relating to one of the topics set out in AS 33.05.070(d).

 (h) [Repealed, § 138 ch 4 FSSLA 2019.]
 (i) The board or its designee may impose additional conditions necessary to ensure the parolee's appearance at a hearing held under AS 33.16.220(h).




Sec. 33.16.250. Execution of warrant for arrest of parolee.
 (a) A parole officer, or a peace officer acting at the request of a parole officer, shall execute a warrant issued under AS 33.16.240 by arresting the parolee and confining the parolee in a correctional facility designated by the commissioner.

 (b) The parole officer or peace officer shall immediately notify the board or a member of the board of an arrest under (a) of this section.




Sec. 33.16.260. Designation of victims' representative.
If more than one person who qualifies as a victim under AS 12.55.185 requests notice under this chapter, the commissioner shall designate one person for purposes of receiving the notice required and exercising the rights granted by this chapter.

Sec. 33.16.270. Earned compliance credits.
 (a) The commissioner shall establish by regulation a program allowing parolees to earn credits for complying with the conditions of parole. The earned compliance credits reduce the period of parole. Nothing in this section prohibits the department from recommending to the board the early discharge of the parolee as provided in this chapter. At a minimum, the regulations must
     (1) require that a parolee earn a credit of 10 days for each 30-day period served in which the parolee complied with the conditions of parole;

     (2) include policies and procedures for
          (A) calculating and tracking credits earned by parolees;

          (B) reducing the parolee's period of parole based on credits earned by the parolee and notifying a victim under AS 33.30.013;

     (3) require that a parolee convicted of a crime involving domestic violence complete all treatment programs required as a condition of parole before discharge based on credits earned under this section.

 (b) A parolee may not earn credits under (a) of this section if the parolee is on parole for
     (1) an unclassified felony;

     (2) a sex offense as defined in AS 12.63.100;

     (3) a felony crime against a person under AS 11.41;

     (4) a crime involving domestic violence, as defined in AS 18.66.990, that is an offense under AS 11.41.




Sec. 33.16.900. Definitions.
In this chapter,
     (1) “administrative sanctions and incentives” means responses by a parole officer to a parolee's compliance with or violation of the conditions of parole under AS 33.16.180.

     (2) “board” means the board of parole;

     (3) “commissioner” means the commissioner of corrections;

     (4) “controlled substance” means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 — 11.71.190;

     (5) “crime against a person” has the meaning given in AS 33.30.901;

     (6) “crime involving domestic violence” and “domestic violence” have the meanings given in AS 18.66.990;

     (7) “department” means the Department of Corrections;

     (8) “discretionary parole” means the release of a prisoner by the board before the expiration of a term, subject to conditions imposed by the board and subject to its custody and jurisdiction; “discretionary parole” does not include “special medical parole”;

     (9) “mandatory parole” means the release of a prisoner who was sentenced to one or more terms of imprisonment of two years or more, for the period of good time credited under AS 33.20, subject to conditions imposed by the board and subject to its custody and jurisdiction;

     (10) “parolee” means a prisoner, sentenced to one or more terms of imprisonment exceeding 180 days in the case of discretionary parole and of two years or more in the case of mandatory parole, released by the board or by operation of law before the expiration of the term, subject to the custody and jurisdiction of the board;

     (11) “prisoner” means an offender confined for a violation of state law, but does not include a person confined under AS 47;

     (12) “severely medically or cognitively disabled” means that a person has a medical condition, or a cognitive condition, that substantially reduces the ability to commit an offense similar to the offense for which the person was convicted or to commit an offense in violation of AS 11.41 that is punishable as a felony, and the person is likely to
          (A) remain subject to the severe medical or cognitive condition throughout the entire period of parole; or

          (B) die from the medical or cognitive condition;

     (13) “special medical parole” means the release by the board before the expiration of a term, subject to conditions imposed by the board and subject to its custody and jurisdiction, of a prisoner who is severely medically or cognitively disabled;

     (14) “victim” has the meaning given in AS 12.55.185.