Sec. 33.16.120. Rights of certain victims in connection with parole.

572 words·~3 min read·/ak/title-33/chapter-16/33-16-120·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.]