Section 22 AAC 20.465 - Witnesses(a) If the parolee is represented by an attorney at a preliminary revocation hearing, it is the responsibility of the attorney to arrange for the appearance of witnesses. If an incarcerated parolee is not represented by an attorney, institutional staff shall give the parolee reasonable opportunity to make contacts necessary to assure the appearance of witnesses at the hearing.(b) The parolee has the right to call witnesses who might have relevant information concerning the alleged violations. These persons may not be merely character witnesses. The parolee assumes the responsibility for the appearance of any witness at the parolee's request. The state may also call witnesses, and the board may call witnesses on its own motion. Prior notice not later than 45 days after a parolee is arrested or summonsed must be provided to all parties and the board of the intention to call a witness at a final revocation hearing. When a late request is received, the board will make every effort to provide adequate time for the witness to testify at the hearing. If the request to call a witness is not timely, and there is insufficient time allotted to allow the witness to testify at the hearing, the board will allow the parolee to proceed with the hearing as scheduled without the witness, to begin the hearing on the scheduled date and at the conclusion of the allowable time, to continue the remainder of the hearing to a later date, or to continue the entire hearing. Subject to 22 AAC 20.100(d), all witnesses will be sworn, will testify under oath, and are subject to questioning by the board or hearing officer regarding anything that might be relevant to the parolee's case. Only one witness will be allowed in the hearing at a time. Subject to 22 AAC 20.102, a minor may be called as a witness.(c) The parolee may cross-examine adverse witnesses testifying at the hearing unless the board or hearing officer determines that a witness might be subject to risk of harm if the witness's identity is disclosed. A witness determined to be subject to a risk of harm will be interviewed by the hearing officer or board in camera, and the board will provide the parolee with a summary of the information obtained with as much specificity as the circumstances allow. The state may cross-examine any witness appearing on behalf of the parolee. The hearing officer or board may question any witness.Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215, October 2015Authority:AS 33.16.060
AS 33.16.220