reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.335 - Violation of furlough conditions

Current through May 31, 2024
(a) If a violation
				of the conditions of a furlough is alleged, the superintendent must be
				notified, immediately followed by a written report to the superintendent and
				the regional director.
(b) If, as a
				result of the alleged violation, the prisoner presents a threat to the public
				safety, including the security of the facility in which the prisoner resides,
				the superintendent may arrange for the immediate return of the prisoner to
				actual confinement.
(c) A prisoner
				who is alleged to have violated the conditions of a furlough but who does not
				present a threat to the public safety, may not be returned to actual
				confinement until a preliminary hearing is held at which a determination is
				reached that there is probable cause to believe that the prisoner has violated
				the conditions of a furlough.
(d) A
				preliminary hearing under (c) of this section must be conducted by an impartial
				person who was not involved in the allegation of violation of conditions of
				furlough. The prisoner is entitled to
(1) at
				least 12 hours' advance notice of the preliminary hearing; the notice must
				inform the prisoner
(A) that the purpose of
				the hearing is to determine whether probable cause exists to believe that the
				prisoner has violated the conditions of the furlough, and
(B) what furlough conditions are alleged to
				have been violated;
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.340 - Academic education

Current through May 31, 2024
The department will provide an educational program to the
				  extent permitted by available resources. The program will include remedial
				  education programs that will afford the prisoner an opportunity to attain an
				  educational level equivalent to the completion of the 12th grade in the public
				  school system, as measured by the general equivalency diploma test.
				  Post-secondary education opportunities consisting of courses or correspondence
				  study will also be made available to prisoners.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.345 - Vocational and work opportunities

Current through May 31, 2024
The department will provide work projects and vocational
				  training opportunities to the extent permitted by available
				  resources.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.350 - Restitution centers

Current through May 31, 2024
(a) A prisoner eligible under
				22 AAC 05.352 may be designated or
				classified to a restitution center in accordance with
				22 AAC 05.206 -
				22 AAC 05.216 to participate in
				restitution, work, and community service programs.
(b) A restitution center provides the
				opportunity for prisoner rehabilitation through community service and
				employment while protecting the community through partial incarceration, and
				provides a means for the prisoner to pay restitution to victims of crimes. In
				order to meet these goals, a restitution center must
(1) be secure to the extent necessary to
				maintain partial incarceration;
(2)
				comply with state and local fire and life safety laws;
(3) enforce disciplinary rules and sanctions
				in accordance with
				22 AAC 05.400 -
				22 AAC 05.480 unless other
				disciplinary provisions are approved by the commissioner as applicable to
				prisoners in a restitution center;
(4) implement procedures, with the approval
				of the commissioner, for granting a prisoner an emergency absence consistent
				with the provisions of
				22 AAC 05.271;
(5) adopt and implement procedures that
				require mandatory employment and participation in community service programs by
				prisoner residents throughout their entire stay at the center; and
(6) provide a performance and progress review
				to the regional director for each center resident at least once per
				month.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.352 - Restitution center consideration

Current through May 31, 2024
(a) To be eligible
				for consideration for placement at a restitution center under
				22 AAC 05.350, the prisoner must
(1) be classified at either the minimum or
				community custody level;
(2) meet
				the criteria set out in
				AS
				33.30.161;
(3) not be an escape risk;
(4) agree to remain at the center at all
				times except while at work or a community service project, while traveling to
				or from work or a community service project or an approved job interview, or
				during an approved emergency absence or furlough; and
(5) acknowledge an understanding of
				22 AAC 05.355.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.355 - Return from a restitution center or contract misdemeanant housing; discipline

Current through May 31, 2024
(a) Placement of a prisoner at a restitution
				center or contract misdemeanant housing does not create a liberty interest in
				the prisoner remaining at that contract correctional facility. The prisoner may
				be returned to a facility at the discretion of the regional director. A
				prisoner may appeal his or her return from a restitution center or contract
				misdemeanant housing by filing a written appeal, through a facility staff
				member designated by the superintendent, with the deputy
				commissioner.
(b) If return of the
				prisoner will result in the prisoner being assigned to administrative
				segregation under
				22 AAC 05.485(a),
				the prisoner must be granted a hearing before a classification committee in
				accordance with
				22 AAC 05.485(d)
				- (f).
(c) Except as provided in
				(b) of this section, within 10 working days after arrival at the receiving
				facility, the prisoner must be provided a classification hearing as described
				in 22 AAC 05.216.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.151
AS 33.30.161
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.400 - Prohibited conduct for prisoners

Current through May 31, 2024
(a) Prohibited
				conduct for prisoners in state facilities is governed by (b) - (e) of this
				section. A violation must be punished as either a major, high- or low-moderate,
				or minor infraction.
(b) Major
				infractions include the following:
(1)
				homicide;
(2) assault upon a staff
				member or a visitor;
(3) escape or
				evasion from custody;
(4) setting a
				fire;
(5) rioting;
(6) assault by a prisoner upon another
				prisoner under circumstances that create a substantial risk of serious physical
				injury;
(7) threatening or
				intimidating a witness in an official proceeding;
(8) possession, use, or introduction of
				weapons or escape implements;
(9)
				stealing, destroying, altering or damaging government property, or the property
				of another, which results in damages of $1,000 or more; and
(10) commission of a class A or unclassified
				felony offense.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.405 - Informal resolution; facility staff members' duty to report infractions

Current through May 31, 2024
(a) A
				facility staff member may informally handle prisoner conduct that constitutes a
				minor infraction by correcting, counseling, or advising the prisoner as to the
				proper or acceptable behavior. Upon approval of the assistant superintendent, a
				facility staff member may informally handle prisoner conduct that constitutes a
				low-moderate or high-moderate infraction by correcting, counseling, or advising
				the prisoner as to the proper or acceptable behavior. However, all prisoner
				misconduct that constitutes a low-moderate or higher infraction must be
				reported to the assistant superintendent by separate report for each
				infraction. If the matter is handled informally, the staff member shall file an
				information report unless the infraction is a minor infraction.
(b) Except as provided in
				22 AAC 05.430(b),
				staff members may not informally discuss the facts of an alleged infraction
				with other staff members other than the assistant superintendent, in order to
				ensure impartiality in the disciplinary process.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.410 - Written report

Current through May 31, 2024
(a) If a facility staff member reports an
				instance of prisoner misconduct, a report must be written. If the assistant
				superintendent determines that the misconduct is to be handled informally under
				22 AAC 05.405, the written report
				must be denominated an information report in accordance with (e) of this
				section. If the assistant superintendent determines that the misconduct is to
				be handled formally, the written report must be denominated a disciplinary
				report in accordance with (d) of this section.
(b) The report must be written by the staff
				member with the most direct knowledge of the incident.
(c) A report must be referred to the
				assistant superintendent for disposition. The assistant superintendent may
				refer the incident for informal action under
				22 AAC 05.405, schedule a hearing
				under 22 AAC 05.415 -
				22 AAC 05.480, or determine that
				no action is appropriate. The prisoner must be notified of the assistant
				superintendent action.
(d) A
				disciplinary report must include the citation of the rule allegedly violated,
				the details of the incident, and a description of the disposition of the
				physical evidence, if any. The existence of a known witness or an anonymous
				informant must be noted. A copy of the report must be given to the accused
				prisoner not more than five working days after the alleged infraction or the
				date upon which the prisoner is identified as a suspect in the alleged
				infraction, whichever occurs later, unless that action is likely to jeopardize
				an ongoing investigation by a law enforcement agency. If an investigation is
				likely to be jeopardized, a copy of the report must be given to the prisoner
				upon the completion of the investigation.
(e) Information that may affect the security
				or orderly administration of a facility may be the subject of an information
				report. An information report must include the details of the incident that is
				the subject of the report and of any informal action taken as a result of the
				incident.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.415 - Advance notice to prisoner of hearing before disciplinary tribunal

Current through May 31, 2024
(a) A prisoner
				scheduled to appear before a disciplinary tribunal must be provided written
				notice at least 48 hours in advance of the hearing. A prisoner may waive the
				48-hour notice requirement by requesting an earlier appearance before the
				disciplinary tribunal.
(b) The
				notice referred to in (a) of this section must
(1) include a brief description of the agenda
				followed at a disciplinary tribunal hearing under
				22 AAC 05.420;
(2) include the procedural opportunities
				afforded a prisoner under
				22 AAC 05.430 -
				22 AAC 05.445; and
(3) inform the prisoner that no later than 24
				hours before the hearing, the prisoner must inform the disciplinary tribunal in
				writing of witnesses that might be called or evidence that might be
				introduced.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.420 - Agenda at disciplinary tribunal hearing

Current through May 31, 2024
(a) A disciplinary
				tribunal hearing occurs in two phases, known as the adjudicative phase and the
				dispositive phase. The adjudicative phase must occur first and must be directed
				toward determining whether the prisoner committed the alleged infraction. If
				the prisoner is found to have committed the infraction, the dispositive phase
				must follow and must be directed toward determining what sanction is to be
				imposed. If the accused prisoner refuses to appear or participate in the
				hearing, adjudication and disposition may be made in the prisoner's
				absence.
(b) The adjudicative phase
				of the hearing must proceed as follows:
(1)
				The hearing officer or committee chairperson, as applicable, shall call the
				meeting to order and, unless the alleged violation is a minor infraction under
				22 AAC 05.400(e),
				ensure that the proceedings are tape-recorded.
(2) The hearing officer or chairperson, as
				applicable, shall read the disciplinary report to the prisoner.
(3) The hearing officer or chairperson, as
				applicable, shall request the prisoner to admit or deny each of the infractions
				alleged.
(4) If an admission is
				entered, the dispositive phase under (c) of this section may begin.
(5) If a denial is entered, the following
				procedure applies:
(A) if the prisoner or the
				disciplinary tribunal has requested the appearance of the staff member who
				wrote the disciplinary report, the staff member must be called into the room
				and questioned under
				22 AAC 05.435 and
				22 AAC 05.445;
(B) if the disciplinary report has noted the
				existence of witnesses or other evidence relevant to the alleged infraction,
				the hearing officer or chairperson, as applicable, may call the witnesses or
				otherwise introduce the evidence;
(C) the accused prisoner or advocate may
				present the prisoner's version of events, call witnesses, and introduce
				evidence under
				22 AAC 05.430,
				22 AAC 05.435, and
				22 AAC 05.445;
(D) when the accused prisoner is finished
				presenting evidence, the prisoner must be excused from the room and the
				disciplinary tribunal shall, by a preponderance of the evidence, find whether
				the prisoner has committed the infraction; the tape recorder need not be
				operating during the deliberations of the disciplinary tribunal; and
(E) the prisoner must be called back into the
				room and informed, on the record, of the disciplinary tribunal's
				decision.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.425 - Time limits within which a hearing must occur

Current through May 31, 2024
(a) The
				disciplinary tribunal must grant the accused prisoner a hearing not more than
				seven working days after service of a copy of a disciplinary report, unless a
				postponement is granted (1) under (b) of this section, (2) because of a request
				submitted under
				22 AAC 05.095(b)
				or 22 AAC 05.435(a), or (3) under
				22 AAC 05.460(b).
				If further investigation is required, a continuance of up to 30 days may be
				granted to staff upon a showing of good cause. In extraordinary circumstances,
				additional continuances of up to 30 days may be granted if further
				investigation is required. However, no more than six months may elapse between
				the date of the alleged infraction and the hearing, except as provided under
				22 AAC 05.460(b).
(b) A prisoner accused of an infraction may
				postpone appearance before the disciplinary tribunal for two working days. The
				hearing officer or chairperson of the disciplinary tribunal, as applicable,
				shall automatically grant the prisoner this additional time if requested in
				writing 24 hours before the time originally scheduled for the hearing. At the
				hearing, a prisoner may be granted a postponement of two working days upon a
				finding that good cause exists.
(c)
				Repealed 1/9/87.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.430 - Defense witnesses and evidence at disciplinary hearing

Current through May 31, 2024
(a) The accused
				prisoner may present witnesses and other evidence in the accused prisoner's
				defense, subject to (c) of this section, if written notice of the witnesses to
				be called or evidence to be admitted is given to the disciplinary tribunal no
				later than 24 hours before the hearing, unless good cause is shown why this
				time requirement cannot be met.
(b)
				The superintendent shall allow the accused prisoner or advocate to have a
				reasonable opportunity to interview witnesses, collect statements, or compile
				other evidence, if that action would not create a risk of reprisal or undermine
				security. The accused prisoner must use a staff advocate to help in this task
				if either the prisoner or the witness is being held in segregation or the
				witness to be interviewed is a staff member.
(c) The hearing officer or chairperson, as
				applicable, of the disciplinary tribunal may decline, for compelling reasons,
				to call a witness that the accused prisoner or advocate has requested to
				appear, and may restrict the introduction of other evidence to avoid
				repetitious or irrelevant evidence or to avoid a risk of reprisal or
				undermining of security. The hearing officer's or chairperson's, as applicable,
				reason for declining to call a witness or admit evidence must be noted orally
				for the record. If the prisoner is found to have committed an infraction, the
				hearing officer or committee chairperson, as applicable, shall file a report,
				to be attached to the completed disciplinary tribunal report, listing all
				persons the prisoner requested to appear but were not called to testify, or
				other evidence sought to be introduced but which was not admitted. This report
				must contain a brief statement of the reasons why the persons were not called,
				or the evidence was not admitted.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.435 - Prisoner's opportunity to confront accusers in a disciplinary hearing

Current through May 31, 2024
(a) If
				the accused prisoner or advocate requests the disciplinary tribunal to call as
				a witness the member of the facility staff who wrote the disciplinary report,
				the staff member shall appear as a witness. If the staff member is temporarily
				unavailable, the hearing officer or chairperson, as applicable, shall postpone
				the proceedings until the staff member is available to appear. If any other
				staff member who is called as a witness is temporarily unavailable, the hearing
				officer or chairperson, as applicable, may postpone the hearing until the staff
				member is available to appear.
(b)
				If the charge is based in whole, or in part, upon information supplied by
				another prisoner, an unidentified informant, or other witness, the hearing
				officer or chairperson of the disciplinary committee, as applicable, shall
				allow the accused prisoner to be present while the witness testifies, unless it
				would create a risk of reprisal or undermine security. The hearing officer or
				chairperson, as applicable, may exclude the accused prisoner from the hearing
				in accordance with
				22 AAC 05.440(d),
				while the witness testifies, but the hearing officer's or chairperson's, as
				applicable, reasons for denying confrontation must be noted orally for the
				record. If the accused is found to have committed an infraction, the
				chairperson shall file a report listing the persons the accused was not allowed
				to confront, the reasons for the action, the extent to which that testimony was
				relied upon, and facts upon which the disciplinary tribunal could have
				reasonably concluded that the person was credible and spoke with personal
				knowledge, or gave reliable information.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.440 - Advocate at disciplinary hearing

Current through May 31, 2024
(a) The accused
				prisoner is entitled to the assistance of an advocate in investigating the
				facts and preparing and presenting a defense at a disciplinary hearing, unless
				the infraction charged is a minor infraction.
(b) An accused prisoner who desires to be
				represented by a staff advocate may request one from a pool of three or four
				correctional officers or facility probation officers designated by the
				superintendent for that purpose. The superintendent may disapprove a request if
				a staff member would have to be paid overtime for appearance before the
				disciplinary tribunal. However, the prisoner has the right to select from at
				least two of the advocates in the pool.
(c) Once selected, the advocate shall meet
				with the prisoner at least 36 hours before the scheduled hearing to actively
				assist the prisoner and help coordinate the defense. The advocate shall clearly
				explain to the prisoner that if the prisoner does not request that the staff
				member who wrote the disciplinary report be present at the hearing, the
				prisoner may be found guilty on the basis of the report alone, even if the
				prisoner denies any wrong-doing. If requested by the prisoner, the advocate
				shall interview witnesses, advise the prisoner how best to proceed, and prepare
				examination of witnesses scheduled to appear at the hearing. If necessary, the
				advocate must have the assistance of an interpreter.
(d) An accused prisoner may waive the
				assistance of an advocate and present his or her own defense. An advocate must
				be appointed for the accused in any portion of a proceeding if the accused is
				not present to protect his or her rights to present evidence and witnesses, or
				to confront and cross-examine witnesses, unless the prisoner refuses to
				appear.
(e) An accused prisoner has
				a right to counsel in a hearing from which felony prosecution might result or
				has been initiated. For purposes of this subsection, the possibility of felony
				prosecution is eliminated if the district attorney indicates, in response to an
				inquiry under
				22 AAC 05.460, that no felony
				complaint will be filed in the matter.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.445 - Examination of witnesses in disciplinary hearings

Current through May 31, 2024
The hearing officer or members of a disciplinary committee,
				  as applicable, and the prisoner's advocate may direct questions to the accused
				  prisoner and other witnesses. The accused prisoner may question any witness,
				  but must direct questions through the hearing officer or chairperson, as
				  applicable. The hearing officer or chairperson, as applicable, may, for
				  compelling reasons, limit the prisoner's right to examine witnesses to avoid
				  repetitious or irrelevant evidence or to preserve decorum, if those reasons are
				  stated orally for the record. If the prisoner is found to have committed an
				  infraction, the hearing officer or chairperson, as applicable, shall file a
				  report, to be attached to the completed committee report, listing the reasons
				  why the prisoner was prevented from examining a witness.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.450 - Disciplinary tribunal

Current through May 31, 2024
(a) A disciplinary hearing held under
				22 AAC 05.400 -
				22 AAC 05.480 shall be heard by a
				disciplinary tribunal appointed by the superintendent. A single hearing officer
				or a three-person disciplinary committee may be appointed as a disciplinary
				tribunal. The superintendent shall appoint a single hearing officer as the
				disciplinary tribunal to hear a disciplinary action unless the superintendent
				determines appointment of a three-person disciplinary committee is necessary
				because the disciplinary report concerns an alleged major infraction under
				22 AAC 05.400(b).
(b) A person is disqualified from serving as
				a hearing officer or disciplinary committee member if the person
(1) wrote the disciplinary report concerning
				the alleged rule violation;
(2)
				investigates or assists in the investigation of the alleged rule
				violation;
(3) has knowledge of the
				facts of the event or incident which form the basis for the disciplinary report
				unless the facts of the incident have become common knowledge in the facility;
				in that case, the person may serve on the disciplinary tribunal if the person
				has no direct involvement in the incident and can decide the adjudicative phase
				of the hearing solely on the facts presented at the hearing;
(4) is assigned to review the decision of the
				disciplinary tribunal;
(5) is a
				witness to the alleged infraction; or
(6) cannot, for any reason, remain impartial
				toward the prisoner.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.455 - Rules of evidence in disciplinary hearings; lesser included infractions

Current through May 31, 2024
(a) A
				prisoner is presumed innocent of an infraction, and the facility has the burden
				of establishing guilt. A prisoner cannot be found guilty of an alleged
				infraction unless the hearing officer or a majority of the disciplinary
				committee, as applicable, is convinced from the evidence presented at the
				hearing that the prisoner's guilt is established by a preponderance of the
				evidence. The decision in the adjudicative phase of the hearing must be based
				only on evidence presented at the hearing. If a prisoner does not request the
				presence of the facility staff member who wrote the disciplinary report, the
				report may be considered as evidence by the disciplinary tribunal and alone may
				serve as the basis for a decision. Other hearsay evidence may be considered if
				it appears to be reliable. The decision in the dispositive phase of the hearing
				may be based on evidence presented at the hearing or contained in the
				prisoner's case record.
(b) If the
				disciplinary tribunal is not convinced from the evidence presented at the
				hearing that the prisoner is guilty of committing the infraction charged, the
				prisoner may be found guilty of a lesser infraction necessarily included in the
				infraction charged if the evidence presented at the hearing establishes the
				prisoner's guilt by a preponderance of the evidence.
(c) For purposes of this section, a lesser
				infraction is necessarily included in the infraction charged if (1) the lesser
				infraction is inherently related to the infraction charged, so that proof of
				the greater would ordinarily entail proof of the lesser, (2) the infraction
				charged requires the disciplinary tribunal to find a disputed fact that is not
				required for conviction of the lesser infraction, and (3) the evidence relied
				on by the disciplinary tribunal supports conviction of the lesser
				infraction.
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.460 - Referral of incident to district attorney

Current through May 31, 2024
(a) A
				superintendent shall promptly notify the district attorney located closest to
				the facility of an infraction that, if established, would constitute a
				violation of a felony criminal statute.
(b) The superintendent shall inquire of the
				district attorney whether a criminal complaint will be filed against the
				prisoner. If the district attorney files a criminal complaint against the
				prisoner, the superintendent may postpone any disciplinary action against the
				prisoner until the conclusion of the criminal prosecution.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.465 - Disposition of reports

Current through May 31, 2024
(a) If the hearing officer or disciplinary
				committee, as applicable, finds that the prisoner did not commit an infraction
				or if a finding of guilt is reversed on appeal, the disciplinary report and
				appurtenant reports must be removed from the prisoner's case record.
(b) If the hearing officer or disciplinary
				committee, as applicable, finds that the prisoner committed an infraction, the
				disciplinary report, the hearing officer or disciplinary committee, as
				applicable, findings and decision, administrative appeals, and appurtenant
				reports must be placed in the prisoner's case record.
(c) An information report and appurtenant
				documents prepared in accordance with
				22 AAC 05.410 must be placed in
				the prisoner's case record as documentation of an incident for purposes of
				program assessment.
(d) No punitive
				action beyond that permitted in
				22 AAC 05.405(a)
				may be taken against a prisoner because of the presence of an information
				report in the prisoner's case record. However, verified acts of misbehavior may
				be considered in the dispositive phase of a disciplinary action, as provided in
				22 AAC 05.455(a).
Authority:
AS
					 33.20.050
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.470 - Punishment

Current through May 31, 2024
(a) Only a disciplinary tribunal may impose
				punishment for an infraction. The disciplinary tribunal shall impose at least
				one, and may impose all, of the following penalties if the prisoner is found
				guilty of an infraction:
(1)
				reprimand;
(2) suspension of
				participation in activities described in, and except as limited in, (b) of this
				section for a period up to 20 days for a minor infraction, up to 40 days for a
				low-moderate infraction, up to 60 days for a high-moderate infraction, and up
				to 90 days for a major infraction;
(3) confinement in punitive segregation,
				confinement to quarters, or weekend or holiday lock-ups for periods not to
				exceed 20 days for a low-moderate, 40 days for a high-moderate, or 60 days for
				a major, infraction;
(4)
				restitution for the amount of property damage, theft, or, in the case of an
				injury, for the amount of medical care and related costs, or for costs incurred
				from a violation of
				22 AAC 05.400(d) (19), including the placement of a hold on
				the prisoner's work compensation payments, withdrawal of money from the
				prisoner's account, or requiring the prisoner to work without benefit of
				compensation; and
(5) except as
				provided in
				22 AAC 05.473, forfeiture of up to
				90 days statutory good time for a low-moderate, up to 180 days statutory good
				time for a high-moderate and up to 365 days statutory good time for a major,
				infraction.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.472 - Restoration of forfeited statutory good time

Current through May 31, 2024
(a) Except as
				provided in
				22 AAC 05.473, a prisoner found
				guilty of a disciplinary infraction who has had statutory good time forfeited
				may, at the discretion of the commissioner, have up to 100 percent of the
				forfeited good time restored in accordance with the criteria and procedures
				established by the commissioner in the department's Policy and Procedure
				#809.07, dated May 14, 1992, hereby adopted by reference, if the prisoner has
				demonstrated satisfactory progress in faithfully observing the rules of the
				correctional facility in which the prisoner is housed.
(b) In order to be eligible for restoration
				of good time under this section, prisoners must have served the applicable
				following period of good conduct since the occurrence of the infraction:
(1) 30 days for a low-moderate infraction, as
				described in
				22 AAC 05.400;
(2) 60 days for a high-moderate or major
				infraction, as described in
				22 AAC 05.400.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.473 - Award and forfeiture of statutory good time for municipal prisoners

Current through May 31, 2024
(a) A municipal
				prisoner incarcerated in a state correctional facility, or in a contract
				facility due to transfer from a state correctional facility, is subject to
				22 AAC 05.470 and
				22 AAC 05.472.
(b) A municipal prisoner incarcerated in a
				municipal correctional facility may have sanctions imposed by the
				superintendent of the facility for misbehavior while in the facility. Sanctions
				may include the forfeiture of statutory good time awarded under
				AS
				33.20.010 as long as the prisoner is provided
				a hearing before an impartial person or persons and the prisoner is afforded
				minimum due process rights. The amount of good time forfeited must be related
				to the severity of the misbehavior.
(c) Good time forfeited under (b) of this
				section may be restored by the superintendent of the correctional facility
				under guidelines adopted and posted by the superintendent in the facility,
				consistent with
				AS
				33.20.060.
Authority:
AS
					 33.20.010
AS 33.20.050
AS
					 33.20.060
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.475 - Written decision of disciplinary tribunal

Current through May 31, 2024
(a) If a prisoner
				is found guilty of an infraction, the disciplinary tribunal shall issue a
				written decision. The decision must include the following:
(1) a summary of the statement of the accused
				prisoner;
(2) a summary of the
				testimony of witnesses;
(3) a
				statement of the disciplinary tribunal's adjudicative and dispositive decisions
				and the reasons for those decisions, including a statement of the evidence
				relied upon and the specific facts found to support the disciplinary tribunal's
				decision; and
(4) the reports
				required under
				22 AAC 05.430(c),
				22 AAC 05.435(b),
				and 22 AAC 05.445.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 7 - Segregation › 22 AAC 05.485 - Administrative segregation

Current through May 31, 2024
(a) A prisoner may
				be assigned to administrative segregation if the prisoner
(1) has not been classified since initial
				admission to a facility, or has not yet had a physical examination under
				22 AAC 05.120(b);
(2) is incapacitated;
(3) is suffering or suspected of suffering
				from a communicable disease;
(4)
				has had segregation prescribed by a physician, physician's assistant, or mental
				health professional, based upon mental or physical condition;
(5) requests in writing to be segregated from
				the general population;
(6) is
				detained as a non-criminal hold under
				AS
				47.30.705 or
				AS
				47.37.170;
(7) is being held as a material witness under
				a court order;
(8) represents a
				substantial and immediate threat to the security of the facility or to public
				safety;
(9) requires protective
				custody; or
(10) requires the most
				restrictive housing based on the prisoner's behavior which represents a severe
				threat to the safety and security of the facility or to public
				safety.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 7 - Segregation › 22 AAC 05.495 - Time frames for action after administrative segregation hearing

Current through May 31, 2024
(a)
				Time periods for action taken following initial and 30-day-review
				administrative segregation hearings are the same as those set out in
				22 AAC 05.212.
(b) A prisoner who is either facing or
				appealing disciplinary action who has been assigned to administrative
				segregation and who has been provided a 30-day review hearing under
				22 AAC 05.485(d),
				is entitled to action within the following time frames. Within one working day
				after the classification hearing, the committee shall prepare a written report
				of classification action and deliver it to the superintendent. The
				superintendent shall approve or disapprove the report, or refer the matter back
				to the committee for further consideration, within two working days after
				receipt of the report. If the matter is referred back to the committee, the
				committee has four working days within which to review the matter. The prisoner
				shall immediately be released from administrative segregation unless the
				superintendent determines that the prisoner continues to meet the criteria for
				placement in administrative segregation under
				22 AAC 05.485(a).
(c) Following the initial placement in
				administrative segregation maximum, a review of a prisoner's placement in
				administrative segregation maximum shall be completed every four months to
				determine the continued need for this placement.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 7 - Segregation › 22 AAC 05.500 - Incidents of segregation

Current through May 31, 2024
A prisoner assigned to administrative segregation must be
				  afforded rights and privileges under this chapter consistent with the security
				  risks inherent in the reasons and justification for the prisoner's status as a
				  segregated prisoner.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 7 - Segregation › 22 AAC 05.505 - Supervision of segregation

Current through May 31, 2024
The superintendent shall ensure that segregated prisoners are
				  supervised and monitored to the degree necessary, consistent with security
				  considerations inherent in segregation status. The superintendent shall inspect
				  the segregation units daily. Facility health care personnel shall visit or
				  otherwise be available to prisoners in segregation.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.510 - Publications

Current through May 31, 2024
(a) A prisoner may request any reading
				material that may be obtained through the state library system. A prisoner is
				not limited to the facility's collection, but may have access to the resources
				of the state library system through inter-library loan procedures established
				by the superintendent.
(b) A
				prisoner may purchase, subscribe to, and otherwise receive and read books,
				newspapers, periodicals, and pictorial materials, subject to inspection for
				contraband, except materials that are obscene, as defined in
				22 AAC 05.660, or that could
				reasonably be expected to
(1) aid an
				escape;
(2) incite or encourage any
				form of violence or other criminal activity; or
(3) have an adverse impact on the
				rehabilitation of the prisoner possessing the material or other prisoners who
				have access to it.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.520 - Mail

Current through May 31, 2024
(a) A prisoner may mail an unrestricted
				number of pieces of mail and, except as limited in this section, may correspond
				with anyone. However, limits may be placed on the amount of incoming and
				outgoing mail sent or received by a prisoner conducting apparent business
				activities. Mail between prisoners may not be restricted unless an individual's
				safety or the security of the facility requires limitation. The commissioner
				will establish procedures under which a prisoner without money in the
				prisoner's account, will be able to mail, at the facility's expense, letters
				relating to legal matters.
(b)
				Incoming mail to a prisoner that is clearly marked as coming from an individual
				or organization listed in this subsection is privileged and may only be opened
				in the presence of the prisoner, and only to search for contraband. If there is
				substantial doubt as to whether or not mail is in fact privileged, such as mail
				received from an unknown but official-sounding organization, the mail may only
				be opened in the presence of the prisoner and only to search for contraband,
				unless at that time it is determined not to be privileged mail. Outgoing
				privileged mail may not be searched for contraband nor read for content, but is
				subject to verification in the prisoner's presence that the ultimate intended
				recipient is the privileged addressee. Mail to or from the following persons or
				organizations is privileged:
(1) governor of
				Alaska;
(2) attorney general of
				Alaska;
(3) members of the United
				States Congress for Alaska;
(4)
				Alaska legislators;
(5) any court
				in Alaska or of the United States;
(6) commissioner, Alaska Department of
				Corrections;
(7) chairman, Alaska
				Board of Parole;
(8) ombudsman for
				the State of Alaska;
(9) any
				attorney licensed to practice in the United States;
(10) physician of record for the
				prisoner;
(11) division assigned
				occupational licensing functions in the Department of Commerce, Community, and
				Economic Development;
(12) Alaska
				Human Rights Commission; and
(13)
				any organization that assists persons in the exercise of their legal rights,
				such as the American Civil Liberties Union, National Prison Law Project, or
				Alaska Legal Services Corporation.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.525 - Access to media

Current through May 31, 2024
(a) Media representatives must be afforded
				the same opportunities to tour a facility as afforded other persons under
				22 AAC 05.135.
(b) Media representatives must be afforded
				the same opportunities to visit prisoners as afforded other persons under
				22 AAC 05.130.
(c) If the identity of a prisoner to be
				interviewed might be disclosed, or might be evident from the published version
				of an interview, the media representative must secure the written consent of
				the prisoner before the interview.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.530 - Prisoner phone calls

Current through May 31, 2024
(a) The commissioner will establish
				procedures by which a prisoner may periodically make phone calls of a personal
				nature to maintain contact with his or her family or attorney.
(b) In order to preserve the security and
				orderly administration of the correctional facility and to protect the public,
				facility staff members may monitor or record prisoner telephone calls and
				conversations on visitor intercommunication phones as long as a sign placed
				near the prisoner's extension advises the prisoner that the conversation is
				subject to monitoring or recording. A prisoner's call to an attorney may not be
				monitored unless authorized by a court.
(c) The superintendent may limit a prisoner's
				access to a telephone, except to call an attorney, if reasonable grounds exist
				to believe that the prisoner's use of a telephone threatens the security of the
				facility or the protection of the public. A prisoner who is classified maximum
				custody, or who is placed in punitive segregation or administrative segregation
				because the prisoner poses a threat to others or to the security of a
				correctional facility, may not have access to a telephone except (1) to
				communicate with an attorney, (2) to otherwise communicate as provided in
				22 AAC 05.015, or (3) in an
				emergency as determined appropriate by the superintendent.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.231
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.540 - Access to law library and law library materials

Current through May 31, 2024
(a) A prisoner must
				have access to law library materials, including, at a minimum, current
				constitutional, statutory, and case law materials, applicable court rules, and
				practice treatises.
(b) A facility
				shall provide a prisoner with timely access to the law library, library
				assistance, and supplies for preparing legal pleadings.
(c) A facility may not impose restrictions on
				the use of law library materials, except for those interferences normally and
				routinely imposed by the requirements of the security and the daily schedule of
				the facility.
(d) A prisoner
				confined in segregation or in maximum security must be allowed access to law
				library materials, unless the superintendent or assistant superintendent
				determines that the prisoner presents a substantial threat to the security and
				order of the facility, or unless the prisoner is in punitive segregation.
				Facility staff may bring legal materials to the prisoner's cell, escort the
				prisoner to the law library, or make photocopies of legal materials and allow
				access by the prisoner. If a prisoner is not permitted to use law library
				materials in accordance with this subsection, the prisoner is entitled to have
				up to 10 legal briefs or law documents in that prisoner's cell at any one
				time.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 8 - Communications › 22 AAC 05.545 - Access to attorneys

Current through May 31, 2024
(a) Upon proof of identity, an attorney
				entitled to practice in the State of Alaska, whether generally or by permission
				of the court, may visit a prisoner regarding legal matters at any reasonable
				time during normal business hours, and at other times with the approval of the
				superintendent.
(b) An attorney, as
				described in (a) of this section, may visit a prisoner at any time of day or
				night within 24 hours after the prisoner's initial admission to the facility or
				upon the filing of new criminal charges, subject to
				22 AAC 05.010.
(c) An agent employed by an attorney
				described in (a) of this section has the same right to access to prisoners as
				the attorney, unless the superintendent has reason to believe that the agent
				poses a threat to a security interest of the facility. The superintendent may
				require the attorney to specify in writing the identity of the agent and the
				identity of the prisoner to be interviewed.
(d) Upon a prisoner's request, writing
				materials must be furnished, as well as access to the services of a person
				authorized to administer oaths and take acknowledgments.
Authority:
AS
					 12.25.150
AS 33.30.011
AS 33.30.021
AS 33.30.221
AS
					 44.28.030