Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 10 - General Provisions › 22 AAC 05.620 - Prisoner responsibilities for electronic monitoring services

Current through May 31, 2024
(a)
				Except as provided in (b) and (h) of this section, the department will assess a
				prisoner who is designated to serve a term of imprisonment or period of
				temporary confinement, or a part of the term or period, by electronic
				monitoring a fee of $12 per day to pay the costs of the monitoring.
(b) A prisoner who believes that making full
				payment for electronic monitoring would cause undue hardship may request the
				prisoner's probation officer to make a determination of undue hardship. The
				prisoner, subject to the penalties for unsworn falsification under
				AS
				11.56.210, shall certify on a form provided
				by the department, that full payment would cause undue hardship and state what
				amount, if any, the prisoner can pay. The prisoner's probation officer shall
				determine in writing whether undue hardship exists and the amount the prisoner
				must pay, after considering the factors set out in (c) of this section. If
				requested to do so by the prisoner's probation officer, a prisoner shall submit
				copies of income tax records and other records needed to substantiate
				information provided by the prisoner and shall sign a release authorizing the
				department to obtain such records.
(c) The prisoner's probation officer shall
				make a determination that undue hardship exists if, after considering the
				prisoner's income, property owned, other assets, and outstanding obligations,
				the number and ages of the prisoner's dependents, and similar factors, the
				probation officer determines that the prisoner is unable financially to provide
				for the basic needs, including food, shelter, utilities, and health care, of
				the prisoner and the prisoner's dependents.
(d) A prisoner whom the department determines
				must make full payment to participate in electronic monitoring may request a
				determination of undue hardship from the prisoner's probation officer if the
				prisoner subsequently has a significant change in circumstances that affects
				the prisoner's ability to make full payment.
(e) If the prisoner pays less than full
				payment for electronic monitoring or requests a determination of undue hardship
				based on a significant change of circumstances, the prisoner shall report on a
				weekly basis to the prisoner's probation officer any significant changes in
				circumstances that occur in the prisoner's ability to make full or partial
				payment.
(f) A prisoner who
				disagrees with a probation officer's determination under (b) of this section as
				to undue hardship or the amount of payment may appeal the probation officer's
				determination to the deputy commissioner by submitting a written appeal through
				the prisoner's probation officer within five days of receipt of the
				determination. The notice of appeal must be submitted on a form provided with
				the determination, and must contain a statement of the reasons upon which the
				appeal is based. The deputy commissioner shall respond to the appeal within 15
				working days of receipt. Failure of the deputy commissioner to respond within
				15 working days must be considered a denial of the appeal. However, a late
				response granting an appeal is valid. The deputy commissioner's decision is the
				final administrative action.
(g)
				Except as provided in (h) of this section, a prisoner who is required to pay
				less than full payment for electronic monitoring shall pay the department the
				difference between the amount of full payment and the amount the prisoner was
				required to pay, if the department subsequently determines that full payment
				would not have caused undue hardship for the prisoner. The department will base
				its determination upon the discovery of
(1)
				additional information about the prisoner's financial circumstances;
(2) fraud, misrepresentation or other
				misconduct by a person who provided information relating to the initial
				determination of undue hardship; or
(3) a clerical or mathematical mistake
				arising from an oversight or omission by the department.