Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 6 - Discipline › 22 AAC 05.480 - Appeal from disciplinary decisions

Current through May 31, 2024
(a) If the
				disciplinary tribunal finds that the prisoner committed an infraction at the
				conclusion of the hearing, the hearing officer or disciplinary committee chair,
				as applicable, shall provide the prisoner a form with handwritten or typed
				findings as to the regulation the prisoner was found to have violated, a
				statement of punishment imposed, a place to indicate intention to appeal or to
				waive the right to appeal, and notice that if a prisoner waives the right to
				appeal that the penalty may then be immediately imposed. The hearing officer or
				disciplinary committee chair, as applicable, shall orally inform the prisoner
				of that written notice provision regarding the effect of the waiver and
				penalties specified in this subsection. If the prisoner wishes to appeal the
				decision, the prisoner must submit notice of intention to appeal promptly to
				the hearing officer or disciplinary committee chair, as applicable, at the
				conclusion of the hearing.
(b) In
				addition to submitting the notice of appeal under (a) of this section, the
				prisoner must submit the written appeal to the superintendent of the facility
				where the disciplinary infraction was heard within three working days after
				receipt of the disciplinary tribunal's written decision provided under
				22 AAC 05.475. The appeal must be
				in accordance with a form and procedures established by the commissioner. For
				purposes of appeal, the prisoner may have access to the tape recording of the
				hearing, except for the portion of a tape that contains the testimony of an
				informant; that portion must be summarized by the disciplinary tribunal in as
				much detail as possible so as not to place the informant in danger, and the
				summary must be made available to the prisoner. An appeal that contains profane
				or abusive language that was not quoting testimony offered at the hearing may
				be returned without reconsideration by the superintendent to the prisoner for
				revision.
(c) Repealed
				11/13/99.
(d) Except as provided in
				(i) of this section, the superintendent shall act on an appeal, and the
				prisoner must be informed of the superintendent's decision within 10 working
				days after the superintendent's receipt of the appeal.
(e) Disciplinary action for a minor,
				low-moderate, or high-moderate infraction may only be appealed to the
				superintendent. Disciplinary action for a major infraction may be appealed to
				the director of institutions if the superintendent denies the appeal, in whole
				or in part. If the superintendent or director of institutions meet any of the
				criteria set out in
				22 AAC 05.450(b) (1) - (3), (5), or (6), the superintendent or
				director may not act on the appeal and shall forward it to the next level of
				appeal. If the director of institutions is disqualified, the deputy commission
				is the next level of appeal.
(f)
				When acting on an appeal, the superintendent shall consider the disciplinary
				tribunal's decision under
				22 AAC 05.475 and the reasons
				submitted by the prisoner in support of appeal. The superintendent shall
				consider whether the disciplinary tribunal's findings justify the adjudication
				or the penalty imposed. In acting on an appeal, the superintendent may take any
				of the following actions:
(1) the disciplinary
				tribunal's decision may be affirmed, reversed, or modified, in whole or in
				part, in conformance with
				22 AAC 05.455(b),
				or remanded, in whole or in part, for rehearing, findings, or clarification of
				findings; the superintendent may take any combination of actions described in
				this section;
(2) a penalty imposed
				by the disciplinary tribunal may be reduced or suspended, in whole or in
				part.