reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.069 - Substance abuse screening

Current through May 31, 2024
(a) Substance abuse
				screening of individual prisoners may be conducted at any time to detect,
				control, and identify the use of unlawful or unauthorized drugs, including
				alcohol, and as an evaluative tool to confirm prisoner compliance with a
				treatment program.
(b) The
				commissioner will establish procedures for the conduct of substance abuse
				screening in facilities to ensure
(1) that
				screening is done only for the purposes set out in (a) of this section and not
				for purposes of harassment;
(2) the
				validity of the testing mechanism and methods used;
(3) that the screening specimen is properly
				preserved and maintained viable throughout the testing process; and
(4) that the specimen is preserved for
				independent and subsequent testing at the prisoner's discretion and personal
				expense, in accordance with procedures established by the
				commissioner.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.070 - Contraband

Current through May 31, 2024
(a) A prisoner or an unauthorized person may
				not introduce, make, use, or possess or attempt to introduce, make, use, or
				possess, in a facility, any contraband. Facility staff members shall prevent
				the introduction, manufacture, use, or possession of contraband.
(b) Contraband found in the possession of a
				prisoner or found in a facility will be confiscated, and is subject to
				disposition in accordance with procedures established by the
				commissioner.
(c) Contraband
				seizure or disposition complaints, except those handled as disciplinary appeals
				under 22 AAC 05.480, will be handled as
				a grievance in accordance with
				22 AAC 05.185.
Authority:
AS
					 11.56.375
AS 11.56.380
AS 11.56.390
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 3 - Operations › 22 AAC 05.090 - Prisoner records

Current through May 31, 2024
(a) An individual case record on each person
				admitted to a facility must be opened and maintained. This record must contain
				all relevant information concerning the prisoner which might affect the
				facility security or the prisoner's adjustment or rehabilitative
				progress.
(b) A medical record must
				be opened and maintained separately from the individual record opened under (a)
				of this section. The medical record must contain all relevant health care
				information concerning the prisoner.
(c) Records established under (a) or (b) of
				this section may contain confidential documents and records with controlled
				access described in
				22 AAC 05.095.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.211
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.095 - Access to prisoner records

Current through May 31, 2024
(a) Except as
				otherwise provided in this section, access to prisoner records is limited to
				personnel and agents of the department. A medical or individual case record
				containing prisoner information may not leave a facility, unless authorized by
				the commissioner or court order.
(b) In the absence of a state or federal law
				to the contrary, a prisoner or the prisoner's attorney must be granted access,
				upon request, to the prisoner's records in order to prepare for a
				classification, disciplinary, parole, revocation, or judicial hearing, or
				appeal from such a hearing, subject to (d) of this section.
(c) A request for access to records by a
				prisoner or the prisoner's attorney should be as specific as possible as to the
				material or record requested.
(d)
				Access to the following records may be denied:
(1) individual voting records of
				classification or disciplinary committees and of the parole board;
(2) identity of informants or information
				given in confidence;
(3) maps,
				diagrams, or photographs of the physical layout of the facility or descriptions
				of security procedures;
(4)
				presentence reports, if the court specifically finds that access by the
				prisoner will prove detrimental to the rehabilitation of the prisoner or the
				safety of the public;
(5) reports,
				memoranda, or other documents prepared specifically for transmittal to the
				Alaska Department of Law or an attorney retained by the State of Alaska in
				anticipation of or during the course of litigation, or otherwise treated as
				confidential under the attorney-client privilege;
(6) a document or report containing medical,
				psychiatric/psychological, parole/probation, or other investigations or
				evaluations concerning the prisoner which the deputy commissioner determines
				would, in all likelihood, lead to serious disruption of adjustment or
				rehabilitative progress of the prisoner, or which would endanger any
				person;
(7) any other record for
				which a determination is made by the deputy commissioner that disclosure would
				result in a substantial risk of reprisal, endanger the security of the
				facility, or disclose the department's position in litigation; and
(8) victim addresses or phone numbers
				contained in the case record, in accordance with (m) of this section.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.100 - Work programs

Current through May 31, 2024
(a) Prisoners may engage in facility and
				non-facility work projects approved by the commissioner. Prisoners will be
				productively employed as defined in
				AS
				33.30.191 for as many hours each day as
				feasible, not to exceed 40 hours per week unless approved by the commissioner.
				Prisoners may be required to work inside a correctional facility.
(b) Security supervision of prisoners working
				on non-facility projects will be provided in accordance with procedures adopted
				by the commissioner.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.191
AS 41.21.858
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.105 - Prisoner fund account

Current through May 31, 2024
(a) The department will maintain a prisoner
				fund account. Each prisoner with money in the account will be provided a
				periodic statement.
(b) If a
				facility receives money intended for a prisoner, the money must be receipted
				and deposited in the prisoner fund account. A copy of the receipt must be given
				to the prisoner. Prisoner work compensation must be credited to the prisoner
				fund account. Money found on the person of the prisoner at the time of initial
				admission must be deposited in the prisoner fund account, or, under exceptional
				circumstances, inventoried and maintained as personal property or disposed of
				as excess personal property in accordance with procedures established by the
				commissioner.
(c) A prisoner with
				money in the prisoner fund account may send any amount of that money to family
				members except that money retained in accordance with procedures established by
				the commissioner for the payment of cost of care, dependent support,
				disciplinary sanction, or court-ordered fine, restitution, or judgment. The
				commissioner will establish procedures that will facilitate payment by
				prisoners for these purposes. A prisoner may not otherwise send money, nor
				directly receive money from a person, without the consent of the
				superintendent.
(d) Notwithstanding
				(c) of this section, the money of a prisoner charged with committing a
				disciplinary infraction or crime involving damage to property or injury to a
				person may be frozen, pending resolution of the matter, to the extent necessary
				to ensure that money for restitution will be available.
(e) Each prisoner must be paid all prisoner
				fund account money due upon release. Upon transfer, the prisoner fund account
				must be transmitted to the receiving facility. Payment may be made by
				check.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.201
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.106 - Prisoner responsibility for electrical costs for major appliances

Current through May 31, 2024
(a) Except as
				provided in
				AS
				33.30.017(c), a prisoner who
				possesses a major appliance in a prisoner's cell is financially responsible for
				paying a monthly utility fee to help defray the cost of electricity to the
				facility.
(b) The department will,
				in its discretion, permit a prisoner to possess a television set in the
				prisoner's cell if the prisoner meets the requirements of
				AS
				33.30.015(d). A prisoner
				permitted to possess a television set in the prisoner's cell possesses a
				television set with the understanding that the department will deduct the
				monthly utility fee and any applicable cable television service fee directly
				from the prisoner's prisoner fund account. A prisoner who fails to maintain a
				balance in the prisoner's prisoner fund account sufficient to pay the monthly
				utility fee and any applicable cable television service fee may not possess a
				television set.
(c) The utility fee
				established under (a) of this section is $3.00 per month. A prisoner who
				possesses a television set in the prisoner's cell for a portion of a month is
				responsible for the full utility fee for that month.
(d) For purposes of this section, "major
				appliance" means a television set.
Authority:
AS
					 33.30.015
AS 33.30.017
AS
					 33.30.021
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.110 - Prisoner work compensation

Current through May 31, 2024
A prisoner who participates in work programs is eligible to
				  receive monetary compensation as department resources permit. Except for
				  compensation received for participation in a correctional industries program,
				  this compensation is not to be construed as wages.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.201
AS 33.32.050
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.115 - Food service

Current through May 31, 2024
(a) Except for Saturdays, Sundays, and
				holidays, each facility shall provide prisoners with three meals every 24
				hours, of which at least two must be served hot. On Saturdays, Sundays, and
				holidays, the facility shall provide two hot meals no more than 14 hours
				apart.
(b) The commissioner will
				adopt procedures for the provision of special meals to accommodate cultural
				preference or religious, vegetarian, and medical diets.
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 3 - Operations › 22 AAC 05.120 - Health services

Current through May 31, 2024
(a) The commissioner will establish
				procedures for the provision of adequate medical services to all
				prisoners.
(b) Each prisoner must
				be given a health inspection upon initial admission in accordance with
				22 AAC 05.005 and a physical
				examination within 14 days. If a prisoner manifests a need for medical
				services, health care personnel shall visit the prisoner and provide needed
				treatment.
(c) If facility health
				care personnel prescribe unusual or especially costly medical or dental
				procedures that exceed the scope of necessary medical or dental care, they must
				obtain the consent of the commissioner before implementing such a course of
				treatment. After consultation with medical authorities, the commissioner will,
				in his or her discretion, disapprove medical or dental procedures directed
				toward ailments that do not constitute a serious threat to the prisoner's
				health or well-being during the period of incarceration.
(d) Facility health care personnel shall
				supervise the prescription and administration of medication. The superintendent
				may designate appropriate staff members to assist facility health care
				personnel. The superintendent of each facility shall devise procedures to
				prevent access by prisoners to pharmaceuticals and medical records. Only
				correctional officers who have graduated from a training program for the
				identification and administration of medication may administer prescription
				medication when health care staff are not on duty.
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 3 - Operations › 22 AAC 05.121 - Prisoner responsibility for health care services

Current through May 31, 2024
(a) A prisoner will
				be provided medically necessary health care services regardless of the
				prisoner's ability to pay or arrange for payment or coverage for the services.
				Medically necessary health care services include medical, psychological, and
				psychiatric care that is necessary to enable a prisoner to participate in or
				benefit from rehabilitative services made available by the
				department.
(b) Except as provided
				in (c) and (d) of this section, a prisoner
(1)
				is financially responsible for a co-payment for health care services provided
				to the prisoner by the department through department employees or designated
				contractors; and
(2) shall arrange
				for the department to obtain payment or coverage from one or more of the
				responsible parties set out in
				AS
				33.30.028(a), if the
				prisoner receives health care services not provided through department
				employees or designated contractors.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.122 - Involuntary administration of psychotropic medication

Current through May 31, 2024
(a) Except as
				provided in (b) - (d) of this section, unless treatment or medication has been
				ordered by a court a prisoner retains the right to informed consent and to
				refuse psychological or psychiatric treatment including the administration of
				psychotropic medication.
(b) If
				facility health care personnel diagnose a prisoner as being in imminent danger
				of harming himself or herself, or others, as a result of illness, and the
				prisoner has refused to make an informed consent for treatment, psychotropic
				medication may be involuntarily administered in accordance with procedures
				established by the commissioner, if the prisoner
(1) has been evaluated by a physician who has
				reviewed pertinent records and information regarding the prisoner and has
				prescribed the psychotropic medication as part of a therapeutic medical
				treatment plan;
(2) is apparently
				capable of, but refuses to give informed consent after being advised of the
				elements of informed consent;
(3)
				has had less restrictive alternative forms of treatment such as soft restraints
				or housing in a restrictive setting applied, without satisfactory therapeutic
				result;
(4) continues to manifest
				symptoms that indicate that treatment is necessary to prevent the prisoner from
				endangering himself or herself, or others; and
(5) has been evaluated by a second physician
				who concurs in the involuntary administration of psychotropic
				medication.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.125 - Clothing, bedding, and linen

Current through May 31, 2024
(a) Pretrial
				prisoners, except those in punitive segregation or administrative segregation
				pending investigation of a disciplinary infraction, must be allowed to wear
				personal clothing in living areas and in other areas of the facility where
				security does not require a clothing restriction.
(b) Prisoner clothing, bedding, and linen
				supplies must be provided in accordance with procedures established by the
				commissioner to comfortably and adequately meet the needs of
				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 3 - Operations › 22 AAC 05.130 - Visitation of prisoners

Current through May 31, 2024
(a) Prisoner
				visitation must be conducted consistent with security requirements and
				availability of space in each facility. Absent exigent circumstances, the
				frequency and amount of visitation must be provided for prisoners as follows:
(1) in facilities housing 100 or more
				prisoners, at least 30 hours per week must be made available for
				visitation;
(2) in facilities
				housing more than 50 but less than 100 prisoners, at least 25 hours per week
				must be made available for visitation;
(3) in facilities housing less than 50
				prisoners at least 24 hours per week must be made available for
				visitation;
(4) visitation must be
				made available on at least three week days and one weekend day; a facility must
				make reasonable efforts to schedule visitation to accommodate day and night
				work shifts of potential visitors;
(5) visits must be made available for at
				least one hour in duration except under exceptional circumstances; if
				exceptional circumstances necessitate visits of less than one hour in duration,
				a facility must make reasonable efforts to provide for more than one visitation
				per day for such a prisoner.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.135 - Facility tours

Current through May 31, 2024
(a) A person may tour a facility with advance
				approval of the superintendent.
(b)
				A person touring a facility may enter only the areas that the superintendent
				designates and is subject to exclusion under
				22 AAC 05.130(d)
				or for failure to follow the instructions of a staff member conducting the
				tour.
(c) A person touring a
				facility may not possess or use a camera, tape recorder, or other sound or
				visual recorder without the prior approval of the superintendent. The
				superintendent may approve the possession or use only if no threat is posed to
				the security of the facility or privacy of individual 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 3 - Operations › 22 AAC 05.155 - Department manual

Current through May 31, 2024
(a) The department will maintain a manual
				comprised of policies and procedures established by the commissioner to
				interpret and implement relevant sections of the Alaska Statutes and 22 AAC.
				The manual is entitled "Department of Corrections Policy and Procedure
				Manual."
(b) Those sections of the
				department manual which address the rights, privileges, and responsibilities of
				prisoners, except for those sections that might jeopardize the security or
				orderly administration of the facility if made available to prisoners, must be
				maintained in each facility law library and accessible to prisoners. The
				department manual, except for those sections that might jeopardize the security
				or orderly administration of the facility if made available, are available to
				the public upon written request and advance payment of a reasonable fee as
				determined by the commissioner.
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 3 - Operations › 22 AAC 05.165 - Recreation and exercise

Current through May 31, 2024
(a) Each facility
				must develop and maintain programs of recreation and exercise compatible with
				security of the facility and the custody levels of prisoners.
(b) A prisoner must be offered outdoor
				recreation for a minimum of seven hours a week, weather permitting, unless
				security considerations require limitations.
(c) Indoor recreation and exercise may be
				substituted for outdoor activities if weather conditions make those activities
				inappropriate.
(d) A prisoner who
				is in administrative segregation for a period longer than three days has the
				right to recreation as set out in (b) of this section unless the prisoner is an
				escape, smuggling, or security risk, as determined by the superintendent. Such
				a prisoner may be restricted to indoor recreation in a gymnasium or exercise
				room. During the first three days in administrative segregation, a prisoner
				must be permitted at least one hour a day outside his or her cell for purposes
				of limited exercise.
(e) A prisoner
				in punitive segregation for a period longer than three days must be allowed the
				opportunity to exercise for at least one hour per day, and must be allowed
				access to large-muscle-group exercise equipment in an area sufficiently large
				enough to reasonably accommodate the equipment. During the first three days in
				punitive segregation a prisoner must be permitted at least one hour per day
				outside his or her cell for purposes of limited exercise.
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 3 - Operations › 22 AAC 05.170 - Prisoner commissary

Current through May 31, 2024
(a) Each facility may establish a commissary
				for prisoners, with the approval of the commissioner.
(b) If a facility has established a
				commissary, it must adopt written procedures for the commissary's management
				and use, subject to the approval of the commissioner.
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 3 - Operations › 22 AAC 05.180 - Prisoner cleanliness and grooming

Current through May 31, 2024
(a) A prisoner must
				maintain appropriate personal cleanliness and grooming consistent with posted
				standards of hygiene. Each prisoner must be issued items necessary to maintain
				personal cleanliness. Shower and bathing facilities must be made available at
				least three times weekly, unless ordered otherwise by facility health care
				personnel.
(b) The superintendent
				shall ensure that a prisoner who is assigned to work in the kitchen, dining
				room, or near machinery wears his or her hair in compliance with public health
				and safety regulations. Bathing must be required as necessary, to ensure
				sanitation in the delivery of food services.
(c) A prisoner must be permitted to adopt any
				hair style or length, including a beard and mustache if they are kept clean. If
				the length or style of a prisoner's hair is found to present a health or
				sanitation problem, the prisoner may be required to wash, trim, or cut his or
				her hair or wear a hair net or other covering to alleviate the
				problem.
(d) New identification
				photographs must be taken of a prisoner whose outward appearance differs from
				the photographs taken in accordance with
				22 AAC 05.025.
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 3 - Operations › 22 AAC 05.185 - Prisoner grievance procedure

Current through May 31, 2024
(a) A prisoner is
				entitled to report and file in writing, in his or her own behalf, a grievance,
				if it alleges a violation of this chapter, a statute, or a procedure set out in
				the prisoner handbook. However, matters concerning classification and
				discipline, under
				22 AAC 05.200 -
				22 AAC 05.266,
				22 AAC 05.400 -
				22 AAC 05.480, and
				22 AAC 05.485 -
				22 AAC 05.495, may not be the
				subject of a grievance under this section, but may only be raised through an
				appeal of a classification or disciplinary action.
(b) A grievance must be filed in writing on a
				form and in accordance with procedures established by the commissioner and
				instructions made available to the prisoner upon request. The procedures will
				provide for informal resolution of a grievance.
(c) If the grievance is not informally
				resolved, the superintendent shall assign a facility staff member to
				investigate the subject matter of the grievance and respond to it within 10
				working days after receipt of the assignment. The staff member shall file a
				written statement of findings with the superintendent.
(d) The superintendent shall indicate in
				writing the action to be taken, and shall provide the prisoner with a copy of
				the decision, within five working days after receipt of the statement of
				findings.
(e) A prisoner is
				entitled to appeal the decision of the superintendent to the regional director
				on a form and in accordance with procedures approved by the commissioner. The
				appeal must be submitted through a staff member, designated by the
				superintendent, within two working days after receipt of notice of the
				decision. The prisoner must be informed of the director's decision within 15
				working days after receipt of the appeal. If a response is not received within
				the 15 days, the appeal must be considered denied. However, a late response
				granting an appeal is valid. Failure to follow the procedures set out in this
				section will result in a denial of the appeal.
(f) A prisoner may not be subjected to
				punishment, discipline, or loss of privileges for having filed a grievance in
				accordance with the provisions of this section.
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 3 - Operations › 22 AAC 05.195 - Training and safety standards for correctional officers

Current through May 31, 2024
(a) A correctional
				officer must be provided training in the following areas, within available
				resources, during the first year of employment
(1) custody, supervision, and control of
				prisoners; and facility security procedures;
(2) rules for the conduct of
				prisoners;
(3) use of force,
				firearms and other weapons, mechanical restraints, and chemical
				agents;
(4) rights and
				responsibilities of prisoners;
(5)
				fire and emergency procedures;
(6)
				first aid, cardio-pulmonary resuscitation, and emergency trauma
				treatment;
(7) recognition and
				dispensing of medication;
(8)
				record-keeping and report writing;
(9) cross-cultural awareness and
				interpersonal communication techniques;
(10) legal issues and liability concerning
				corrections; and
(11) the
				provisions of this chapter and AS 33.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 3 - Operations › 22 AAC 05.196 - Staff appearance standards

Current through May 31, 2024
(a) While on duty,
				an employee of the department shall wear a uniform or other clothing in
				accordance with requirements established by the commissioner.
(b) Except when acting under proper and
				specific orders from a supervisor, an employee on duty shall maintain a neat,
				well-groomed, professional appearance in accordance with (a) of this
				section.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 39.26.015
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.200 - Prisoner classification

Current through May 31, 2024
(a) The
				commissioner will establish classification procedures for the purpose of making
				the appropriate assignment of a prisoner with regard to facility placement,
				custody status, and work and rehabilitative programs.
(b) The department will assign a prisoner to
				the least restrictive custody level based on an assessment of the prisoner's
				behavioral risk factors, supervision needs, and rehabilitative needs that is
				consistent to provide for staff, inmate, and public safety, and is within the
				resources available to the department.
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 4 - Classification › 22 AAC 05.201 - Custody levels

Current through May 31, 2024
(a) The custody level assigned to a prisoner
				is based on the matrix score from the classification process and establishes
				the degree of staff supervision required to monitor and control the prisoner's
				behavior and preserve public safety.
(b) The classifications for custody levels
				are as follows:
(1)
Minimum
				Custody:
a minimum custody prisoner
(A)
				is a prisoner who has less than 10 years remaining to serve, participates in
				programs, demonstrates appropriate institutional behavior, and meets
				institutional standards for the least restrictive housing and supervision based
				on current charges and criminal history;
(B) is eligible for all work assignments,
				including those outside the secure confines of the facility, and has full
				access to all education and treatment programs within the facility;
(C) may be housed in a facility without a
				perimeter fence and with intermittent staff supervision; and
(D) may be eligible for furlough 36 months
				before the prisoner's scheduled release;
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.207 - Initial classification

Current through May 31, 2024
(a) An officer designated by the department
				shall review a prisoner's case record, including a complete criminal history
				and all other relevant information, and complete the initial classification
				form after remand. A prisoner's custody level shall be determined under this
				section before the prisoner is moved from the booking and intake
				module.
(b) The initial custody
				level is based on the following matrix factors:
(1) severity of current offense;
(2) additional felonies and misdemeanors
				involving violence or escape;
(3)
				severity of prior adult and juvenile offenses;
(4) history of escape;
(5) history of institutional
				violence;
(6) number of prior adult
				and juvenile convictions;
(7)
				current age.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.212 - Reclassification

Current through May 31, 2024
(a) An institutional probation officer shall
				complete a reclassification approximately one year after the initial
				classification, approximately yearly thereafter, before the prisoner's release,
				and at any time at the discretion of the superintendent. The reclassification
				must include the review of custody level, eligibility for placement on
				electronic monitoring, eligibility for furlough, eligibility for out-of-state
				transfer, rehabilitative needs, the offender management plan, the individual
				reentry plan, and the risk needs assessment.
(b) The prisoner shall be provided at least
				48 hours advance written notice of the reclassification. The prisoner may
				appear and present evidence at the reclassification.
(c) The institutional probation officer shall
				complete the reclassification form and make a recommendation regarding the
				prisoner's custody level to the superintendent no later than three working days
				after the reclassification form is completed by the officer. The officer's
				recommendation to the superintendent shall be based on the following
				classification matrix factors:
(1) severity of
				current offense;
(2) additional
				felonies and misdemeanors involving violence or escape;
(3) severity of prior offenses for adult and
				juvenile convictions;
(4) history
				of escape;
(5) history of
				institutional violence;
(6)
				frequency of disciplinary reports during the past 12 months;
(7) severity of most serious disciplinary
				report during the past 12 months;
(8) program and work participation;
(9) current age.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.213 - Facility designation procedures

Current through May 31, 2024
(a) The procedures
				regarding a short-term designation are as follows:
(1) a short-term designation shall be
				completed under this section for a prisoner who has a composite sentence of 366
				days or less;
(2) a short-term
				sentenced prisoner shall be designated to a facility appropriate for the
				prisoner's custody level by the holding facility after the completion of the
				prisoner's time accounting sheet;
(3) the officer completing the designation
				shall review the case record, including all appropriate documentation, and
				submit a recommended designation to the superintendent for review and final
				decision;
(4) a short-term
				designation that requires movement to another facility shall be forwarded to
				central classification for the determination of the designated facility;
				central classification may override the prisoner's designated custody status
				level; the reason for override must be recorded on the prisoner's notice of
				designation;
(5) the prisoner shall
				be provided a copy of the short-term designation no later than three working
				days after the date that the designation is completed; a copy of the completed
				notice of designation and any relevant documents shall be placed in the
				prisoner's case record.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.219 - Administrative transfer procedures

Current through May 31, 2024
(a) Central
				classification may initiate the administrative transfer of a prisoner based on
				the need to manage population, facilitate prisoner access to court, medical and
				rehabilitative programs and services, and for other legitimate administrative
				objectives. Central classification shall provide a statement of reasons for the
				transfer of a prisoner on the transfer order along with supporting
				documentation.
(b) The
				superintendent of the holding facility may request an administrative transfer
				of a prisoner in response to an emergency or potentially hazardous situation,
				or to provide the prisoner access to court, medical, or rehabilitative programs
				and services.
(c) A prisoner may
				not be transferred under this section without the approval of central
				classification, the director of institutions, or the commissioner. Central
				classification shall prepare a transfer order that includes
(1) the reasons for the transfer;
				and
(2) any special instructions
				necessary at the time of the prisoner's arrival at the receiving
				facility.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.242 - Appeal procedures

Current through May 31, 2024
(a) A prisoner may appeal a classification
				decision by submitting an appeal to the institutional probation officer on a
				form provided by the department.
(b) The department may extend the time period
				allowed to appeal a classification decision for a prisoner who has requested an
				extension if the department determines that the prisoner has stated a valid
				reason for the delay in submitting the appeal.
(c) The institutional probation officer shall
				review an appeal for the appropriate form and content. The officer shall return
				a prisoner's appeal to the prisoner that contains profanity or derogatory
				language, unless the profanity or derogatory language is appropriate content
				necessary to support a factual argument made by the prisoner.
(d) For purposes of appeal, a prisoner shall
				have access to the recording of a related disciplinary hearing or the
				classification review being appealed, except that any portion of the recording
				that contains the testimony of an informant must be summarized in as much
				detail as possible while not placing the informant in danger, and the summary
				made available to the prisoner. A prisoner must request access to the recording
				in writing. The recording is the property of the department. The department
				shall retain the recording for at least three years.
(e) Except for a transfer to an institution
				outside of this state under
				22 AAC 05.231, a classification
				action may be commenced pending an appeal.
(f) The official responding to the appeal may
				grant an appeal, grant an appeal and modify the classification decision, deny
				an appeal, or refer the matter back to the institution for another review. If
				the applicable official does not act on an appeal within the specified time
				period, the appeal is denied.
(g) A
				copy of the appeal response shall be provided to the prisoner, the
				superintendent, the prisoner's institutional probation officer at the holding
				facility, and, in the case of a transfer appeal, to central classification no
				later than three working days after the date of the decision. The prisoner
				shall confirm receipt of an appeal response by signature and date at the bottom
				of the form. The appeal decision and all relevant appeal documents shall be
				placed in the prisoner's case record.
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 4 - Classification › 22 AAC 05.253 - Classification for transfer to mental health or psychiatric facility

Current through May 31, 2024
(a)
				Except as provided in (b) of this section, a prisoner being considered for
				transfer to a mental health or psychiatric facility for observation or
				treatment of a mental illness must be provided the following:
(1) a recorded classification hearing as set
				out in 22 AAC 05.212;
(2) disclosure, at the time of notice of the
				hearing, of the evidence being relied upon as the basis for the
				transfer;
(3) an opportunity to be
				heard in person, and to present testimony of witnesses and confront and
				cross-examine witnesses, except upon findings of good cause for not permitting
				the presentation, confrontation, or cross-examination;
(4) an independent decision-maker not
				involved in the recommended transfer, who shall preside over the
				hearing;
(5) a written statement by
				the decision-maker as to the evidence relied upon and reasons for transferring
				the prisoner;
(6) availability of
				legal counsel if the prisoner is financially unable to furnish his or her own,
				as permitted in accordance with AS 18.85;
(7) the right to appeal a decision for
				transfer to the deputy commissioner as set out in
				22 AAC 05.242, and, in the case of
				out-of-state transfer under
				22 AAC 05.231, a stay of transfer
				until the appeal has been decided; and
(8) notice of all rights listed in (1) - (7)
				of this subsection at least 10 days before the hearing.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.280 - Post-remand community residential center placement procedures

Current through May 31, 2024
(a) Sentenced
				and unsentenced prisoners are eligible for non-furlough placement at a
				community residential center immediately after remand based on criteria
				established by central classification that is consistent with public safety. An
				initial classification, reclassification, or designation is not
				required.
(b) A prisoner may be
				removed for cause from a community residential center placement under this
				section. A formal classification action is not required to remove a prisoner
				from a community residential center.
(c) There is no appeal procedure under this
				chapter for post-remand community residential center placement and removal
				decisions.
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 05.300 - Contract facilities

Current through May 31, 2024
(a) The commissioner will, in his or her
				discretion, contract for residential correctional facilities and programs under
				AS
				33.30.031 to supplement the resources of the
				department for the care, custody, and rehabilitation of prisoners meeting the
				eligibility criteria set out in this chapter.
(b) Community residential centers will, in
				the commissioner's discretion, be contracted for and used for the placement of
				prisoners on a prerelease furlough in accordance with
				22 AAC 05.321.
(c) Contract misdemeanant housing will, in
				the commissioner's discretion, be contracted for and used for the confinement
				of prisoners convicted of a misdemeanor.
(d) Restitution centers will, in the
				commissioner's discretion, be contracted for and used for the placement of
				certain non-violent prisoners in accordance with
				22 AAC 05.350.
(e) Correctional facilities provided through
				agreement with a public agency will, in the commissioner's discretion, be in
				this state or another state. Correctional facilities provided through agreement
				with a private agency will be in this state, and will only be used to involve a
				prisoner in a program established under
				AS
				33.30.091 -
				AS
				33.30.131 or
				AS
				33.30.151 -
				AS
				33.30.181, or to confine a prisoner convicted
				of a misdemeanor.
(f) Contract
				facilities must provide a degree of custody, care, and discipline for prisoners
				similar to that required by the laws of this state, consistent with the
				security and custody status of the prisoners who have been placed there under
				contract.
(g) A prisoner
				incarcerated in a contract facility in the state is subject to the provisions
				of 22 AAC 05.400 -
				22 AAC 05.480 unless informed in
				writing of other disciplinary provisions approved by the commissioner as
				applicable to prisoners in contract facilities.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.031
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.310 - Furlough for prisoners outside Alaska

Current through May 31, 2024
Alaska prisoners incarcerated outside Alaska under contract
				  with another jurisdiction may not participate in a furlough program unless
				  approved by the commissioner. Before being considered by the commissioner, a
				  prisoner requesting furlough must (1) first meet the eligibility criteria for a
				  furlough established by the contract facility, (2) have served at least a third
				  of the sentence and be within three years or less of release, and (3) be
				  recommended for furlough by officials of the contract
				  facility.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.031
AS 33.30.111
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.316 - Furlough

Current through May 31, 2024
A prisoner may be granted a prerelease or short-duration
				  furlough for a purpose listed in
				  AS
				  33.30.101(a), after
				  consideration of the factors in
				  AS
				  33.30.101(b) and after
				  meeting the criteria set out in
				  22 AAC 05.321 or
				  22 AAC 05.326, as
				  appropriate.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.101
AS 33.30.111
AS 33.30.121
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.321 - Prerelease furlough

Current through May 31, 2024
(a) A prerelease
				furlough is an authorized leave of absence from a correctional facility
				designed to facilitate the reintegration of a prisoner into society.
(b) The regional director may grant an
				eligible sentenced prisoner a prerelease furlough in accordance with (c) of
				this section. If a request for prerelease furlough is denied, the prisoner must
				be provided a written explanation of the reasons for the denial. The decision
				of the regional director may be appealed to the deputy commissioner.
(c) To be eligible for consideration for a
				prerelease furlough, the prisoner
(1) must be
				classified at the community custody level;
(2) if the sentence is more than one year,
				must have served at least one-third of the sentence and be within three years
				or less of the firm release date;
(3) may not have a pending disciplinary
				action, and may not have been found guilty of a major or high-moderate
				infraction within the past 120 days; unless the commissioner of corrections has
				made a written finding that the past or pending disciplinary action does not
				affect the prisoner's suitability for community placement and
(4) must agree in writing to abide by the
				conditions established for the prisoner's behavior while on furlough.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.326 - Short-duration furlough

Current through May 31, 2024
(a) A
				short-duration furlough is an authorized leave of absence from a correctional
				facility for a purpose as set out in
				AS
				33.30.101(a)(1) - (5), (7) and
				(8), for a period not to exceed 12 hours at
				any one time, except for
(1) family
				visitation, which may not exceed one week or occur more frequently than once
				each four-month period; or
(2)
				medical treatment, for which the furlough may not last longer than necessary
				for the treatment.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 5 - Programs › 22 AAC 05.331 - Furlough or restitution center placement involving employment

Current through May 31, 2024
(a)
				The earnings of a prisoner granted a furlough under
				22 AAC 05.321 or
				22 AAC 05.326, or placed in a
				restitution center under
				22 AAC 05.352, and who is
				employed, must be delivered to the regional director.
(b) The regional director shall disburse the
				earnings of the prisoner in an order and amount determined appropriate by the
				commissioner for the purposes set out in
				AS
				33.30.131(b)(1) -
				(5).
(c) After making the disbursements authorized
				under (b) of this section, the balance remaining must be placed in the prisoner
				fund account as required by
				22 AAC 05.105. The regional
				director may permit the prisoner to draw on a portion of this fund account for
				reasons the regional director considers appropriate.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.131
AS
					 44.28.030