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(a) An individual or agency offering a program for the rehabilitation of perpetrators of domestic violence that will be imposed as a condition of probation under AS 12.55.101 (a), as a condition of a protective order under AS 18.66.100 (c), or as a condition of parole under AS 33.16.150 (f), must, before providing the counseling or education, receive approval for the program from the department under this chapter. The individual or agency may apply to the department for approval by submitting an application on a form provided by the department to the council for its review and comments. The department will review the recommendations made by the council regarding the approval or denial of the application. The department will provide the applicant with written notification of the approval or denial of the application within 120 days of receipt of the application by the council.
(b) The department will approve a program for the rehabilitation of perpetrators of domestic violence if the program
(1) proves to the satisfaction of the department that it complies with the provisions of this chapter; and
(2) agrees to periodic audits and unannounced on-site inspections by the department or by an agency designated by the department to ensure compliance with the provisions of this chapter; the audits and inspections may include interviews of staff, a review of records related to program policies and procedures and a review of records of program participants on probation or otherwise in the custody of the department; records reviewed by the department or by an agency designated by the department in the course of an audit or inspection do not become public records by virtue of the audit or inspection.
(c) Unannounced on-site inspections described in (b) of this section will be conducted in a manner designed to minimize disruption to regularly-scheduled program activities.
(d) Except as provided in (e) of this section, the department will withdraw its approval of a program for the rehabilitation of perpetrators of domestic violence, and will notify the local court, prosecutor, law enforcement agency, and other criminal justice and social service agencies, if the department determines that
(1) the program no longer complies with one or more of the provisions of this chapter; or
(2) the program knowingly submitted false or materially misleading information in the process of applying for or maintaining approval under this chapter.
(e) Notwithstanding (d) of this section, the department will place an approved program on probationary status for a specified period not to exceed 90 days if the program fails to comply with one or more of the provisions of this chapter and the department determines that the violation is not significant and probation can rectify the non-compliance with this chapter. Failure of the program to achieve compliance within the specified probationary period will result in the application being denied or withdrawal of approval for the program.
(f) Upon application of a program, the department will waive one or more standards set out in this chapter and approve the program if the department determines that
(1) there is good cause for the waiver;
(2) the safety of victims and children is not compromised by the waiver; and
(3) an acceptable alternative to the standard being requested to be waived is provided by the program.
(g) An applicant or an individual or agency operating an approved program may appeal an adverse decision under this section by submitting a written notice of appeal to the deputy commissioner of the Department of Corrections within 30 days of receipt of notification of the decision. The notice of appeal must contain a statement of the reasons for the appeal and must cite any legal authority upon which the appeal is based. Notice of an adverse decision will be sent by certified mail, return receipt requested, to the last address on file in the records of the department for the applicant or individual or agency. The deputy commissioner will review a written notice of appeal that is received timely and issue a decision to the applicant or individual or agency. The deputy commissioner's decision is the final administrative action.
History: Eff. 7/1/96, Register 139; am 11/13/98, Register 148; am 11/29/98, Register 148
Authority: AS 44.28.020
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Last modified 7/05/2006