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SB 86: "An Act relating to the responsibility for victim notification concerning discretionary parole and special medical parole and extending the termination date of the Board of Parole."

00SENATE BILL NO. 86 01 "An Act relating to the responsibility for victim notification concerning 02 discretionary parole and special medical parole and extending the termination date 03 of the Board of Parole." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 33.16.087(a) is amended to read: 06  (a) If the victim of a crime against a person or arson in the first degree 07 requests notice of a scheduled hearing to review or consider special medical parole for 08 a prisoner convicted of that crime, the department [BOARD] shall send notice of the 09 hearing to the victim at least 30 days before the hearing. The notice must be 10 accompanied by a copy of the prisoner's or commissioner's application for parole 11 submitted under AS 33.16.085. However, the copy of the application sent to the 12 victim may not include the prisoner's proposed residence and employment addresses. 13 * Sec. 2. AS 33.16.087(b) is amended to read: 14  (b) A victim who requests notice under this section shall maintain a current,

01 valid mailing address on file with the department [BOARD]. The department 02 [BOARD] shall send the notice required by this section to the last known address of 03 the victim. The victim's address may not be disclosed to the prisoner or the prisoner's 04 attorney. 05 * Sec. 3. AS 33.16.087(e) is amended to read: 06  (e) If the victim requests, the department [BOARD] shall make every 07 reasonable effort to notify the victim as soon as practicable in writing of the board's 08 [ITS] decision to grant or deny special medical parole . The notice under this 09 subsection must include the expected date of the prisoner's release, the geographic area 10 in which the prisoner is required to reside, and other pertinent information concerning 11 the prisoner's conditions of parole that may affect the victim. 12 * Sec. 4. AS 33.16.120(a) is amended to read: 13  (a) If the victim of a crime against a person or arson in the first degree 14 requests notice of a scheduled hearing to review or consider discretionary parole for 15 a prisoner convicted of that crime, the department [BOARD] shall send notice of the 16 hearing to the victim at least 30 days before the hearing. The notice must be 17 accompanied by a copy of the prisoner's application for parole submitted under 18 AS 33.16.130(a). However, the copy of the application sent to the victim may not 19 include the prisoner's proposed residence and employment addresses. 20 * Sec. 5. AS 33.16.120(b) is amended to read: 21  (b) A victim who requests notice under this section shall maintain a current, 22 valid mailing address on file with the department [BOARD]. The department 23 [BOARD] shall send the notice required by this section to the last known address of 24 the victim. The victim's address may not be disclosed to the prisoner or the prisoner's 25 attorney. 26 * Sec. 6. AS 33.16.120(e) is amended to read: 27  (e) If the victim requests, the department [BOARD] shall make every 28 reasonable effort to notify the victim as soon as practicable in writing of the board's 29 [ITS] decision to grant or deny discretionary parole or to release the prisoner under 30 AS 33.16.010(c). The notice under this subsection must include the expected date of 31 the prisoner's release, the geographic area in which the prisoner is required to reside,

01 and other pertinent information concerning the prisoner's conditions of parole that may 02 affect the victim. 03 * Sec. 7. AS 33.16.120(f) is amended to read: 04  (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 05 the department [BOARD] shall make every reasonable effort to notify the victim 06 before the prisoner's release date. Notification under this subsection must include the 07 expected date of the prisoner's release, the geographic area in which the prisoner is 08 required to reside, and other pertinent information concerning the prisoner's conditions 09 of parole that may affect the victim. 10 * Sec. 8. AS 33.16.120(g) is amended to read: 11  (g) A victim of a crime involving domestic violence shall be informed by the 12 department [BOARD] at least 30 days in advance of a scheduled hearing to review 13 or consider discretionary parole for a prisoner. The department [BOARD] shall 14 inform the victim of any decision to grant or deny discretionary parole or to release 15 the prisoner under AS 33.16.010(c). If the prisoner is to be released, the victim shall 16 be notified of the expected date of the release, the geographic area in which the 17 prisoner will reside, and any other information concerning conditions of parole that 18 may affect the victim. The victim shall also be informed of any changes in the 19 conditions of parole that may affect the victim. The department [BOARD] shall send 20 the notice required to the last known address of the victim. A person may not bring 21 a civil action for damages for a failure to comply with the provisions of this 22 subsection. 23 * Sec. 9. AS 44.66.010(a)(3) is amended to read: 24  (3) Board of Parole (AS 33.16.020) -- June 30, 2003 [1997]; 25 * Sec. 10. Notwithstanding AS 44.66.010(c), the amendment to AS 44.66.010(a)(3), made 26 by sec. 6 of this Act, extends the Board of Parole for more than four years.