- (a) Only the board has the authority to remove or, except as provided in AS 33.16.160(c) and (d), to change a condition imposed by the board. In the board's discretion, a condition imposed by the board will be removed or changed, or a condition added, at any time during the parole period.
(b) A request to change board-imposed conditions of parole will be handled as follows:
- (1) the board will, in its discretion, modify parole conditions on its own motion for good cause;
- (2) the parole officer may request a modification of parole conditions by submitting a written request to the board;
- (3) if the prisoner has not yet been released from custody on parole, the prisoner must submit a written request to the institutional parole officer; the institutional parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision and the reason for the decision;
- (4) if the parolee has been released from custody, the parolee must submit a written request to the field parole officer; the field parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision in writing and the reason for the decision.
- (c) All conditions of parole imposed by the board remain in effect unless and until they are changed by the board. A parolee shall comply with a contested condition unless the parolee receives written notification from the board of a change of the condition.
- (d) A hearing will be provided under AS 33.16.160(b) or (d) if the change in parole conditions warrants it. Such a hearing will follow the procedures set out in 22 AAC 20.220(c) and (d). For purposes of a hearing under this subsection, in 22 AAC 20.220 (c) and (d) "hearing officer" includes the board.
(Eff. 1/30/91, Register 117; am 3/29/2003, Register 165)
Authority: AS 33.16.010, AS 33.16.060, AS 33.16.150, AS 33.16.160