Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 10 - General Provisions › 22 AAC 05.660 - Definitions

Current through May 31, 2024
(a) In this chapter, unless the context
				requires otherwise,
(1) "administrative
				segregation" means a form of separation from the general facility population,
				in accordance with
				22 AAC 05.485, if the continued
				presence of a prisoner in the general population would be a serious threat to
				life, property, self, staff, other prisoners, or the security or orderly
				administration of the facility;
(2)
				"administrative transfer" means the transfer of a prisoner between facilities
				for any purpose related to an emergency or potentially hazardous situation or
				to facilitate an administrative action that can be more efficiently
				accomplished at another facility, such as parole hearing, court action, medical
				or mental health treatment, military tribunal, family emergency, or population
				management;
(3) "admission" means
				the administrative process of accepting a prisoner into an adult correctional
				facility;
(4) "assistant
				superintendent" means the deputy chief administrator of an adult correctional
				facility or any employee of the department designated by the assistant
				superintendent, superintendent, regional director, deputy commissioner or the
				commissioner to carry out an official function of the assistant
				superintendent;
(5) "body cavity
				search" means the intrusive manual, mechanical, or instrument examination of a
				person's body appendages and openings by medical personnel;
(6) "central classification" means the staff
				in the department responsible for system-wide classification and coordination,
				or any employee of the department designated by the commissioner or deputy
				commissioner to carry out any official function relating to system-wide
				classification and coordination;
(7) "classification form" means the form used
				to provide specific guidelines for the review and assessment of a prisoner's
				custody levels;
(8) "classification
				packet" means prisoner case record information forwarded to central
				classification for effecting a classification action, which contains, if
				applicable, a final Judgment and Commitment, presentence investigation report,
				recent psychiatric and psychological report, time accounting records, any
				security designation or classification form, needs assessment survey form, and
				related information;
(9)
				"commissioner" means the commissioner of the Alaska Department of Corrections,
				or any employee of the department designated by the commissioner to carry out
				any official function of the commissioner;
(10) "contract facility" means a correctional
				facility provided to the Department of Corrections by agreement under
				AS
				33.30.031;
(11) "custody level" means one of several
				categories to which a prisoner is assigned and which describes the prisoner's
				freedom of movement within an adult correctional facility or the community, and
				the degree of supervision required;
(12) "department" means the Alaska Department
				of Corrections;
(13) "deputy
				commissioner" means the deputy commissioner for operations of the Department of
				Corrections, or any employee of the department designated by the commissioner
				or deputy commissioner for operations to carry out an official function of the
				deputy commissioner;
(14)
				"designation" means the determination of placement for a prisoner, based upon
				custody and program requirements;
(15) "exception case" means a prisoner whose
				offense or subsequent conduct involves: a notorious crime, such as one that has
				attracted substantial attention in the media, that is particularly violent, or
				that is a serious sex offense; substantial threats against a person or persons;
				or an escape risk such as an escape attempt in the last five years or an actual
				escape in the last 10 years;
(16)
				"facility" or "correctional facility" means a state prison facility or
				institution operated and managed by employees of the department designated by
				the commissioner, for the confinement, care, and discipline of
				prisoners;
(17) "facility
				emergency" means a situation in which a prisoner or prisoners, or other
				circumstances, pose a threat to the security of the facility or any part of the
				facility and which cannot be managed without extraordinary measures;
(18) "firm release date" means the date on
				which a prisoner is scheduled to be released, as established by statutory good
				time calculation, court order, or parole board action;
(19) "frisk search" means a visual and
				physical pat-down search of a person's clothing and body parts that are visible
				without the removal of clothing;
(20) "frivolous" means a grievance complaint
				that addresses information or circumstances that are trivial, lacking in
				seriousness, irresponsible, self-indulgent, or that have already been
				addressed;
(21) "mail" means
				correspondence, printed materials, or packages sent to or from prisoners
				through the U.S. Postal Service; "mail" does not include material enclosed
				within mail which did not originate with the sending individual or
				organization;
(22) "obscene" means
				(A) words, gestures, language, books, newspapers, periodicals or other written
				or pictorial materials that the average person, applying contemporary community
				standards, would find depicts or describes, in a patently offensive way,
				ultimate sexual acts, masturbation, excretory functions, lewd exhibition of the
				genitals or sexual sado-masochistic activity; (B) that the work, taken as a
				whole, appeals to the prurient interest; and (C) that the work, taken as a
				whole, lacks serious literary, artistic, political, or scientific
				value;
(23) "override" means a
				classification decision changing security or custody levels to a level
				different from that which would ordinarily be assigned on the basis of scoring
				on the classification form, or which has been assigned by a lower level of
				authority;
(24) "posted" means
				placed upon a wall or bulletin board, or other form of notice generally
				available to the prisoner population of a facility such as a prisoner
				handbook;
(25) "preponderance of
				the evidence" means the evidence used in a disciplinary proceeding indicating
				that the prisoner is more likely than not to have committed the acts
				charged;
(26) "pretrial detainee"
				means a prisoner held pending adjudication of a criminal charge;
(27) "prisoner" means a person detained or
				confined for a period of time in a correctional facility, whether by arrest,
				conviction, order of court, or a person held as a witness, or otherwise
				"prisoner" includes municipal prisoners held under contract, but excludes
				juveniles held under the authority of AS 47.10;
(28) "probable cause" means the level of
				reliability which arises when the facts and circumstances within the officer's
				knowledge, including the reasonable inferences that may be drawn from the facts
				and circumstances, and of which the officer has reasonably trustworthy
				information, are sufficient to warrant a reasonable person to believe that the
				suspected item, condition, or circumstance exists and justifies
				action;
(29) repealed
				1/13/2012;
(30) "restitution
				center" means a residential center in the community which provides certain
				non-violent prisoners the opportunity for rehabilitation through community
				service and employment while protecting the community through supervision and
				partial incarceration, and creates a means to provide restitution to victims of
				crimes, payment of court-ordered fines, dependent support, prisoner cost of
				care, and other prisoner expenses;
(31) "security" means the interest of the
				department in preventing assaults, escapes, hazards to health, detriment to
				reformation or rehabilitation, self-destructive behavior, property damage, and
				the introduction, transmittal, or possession of contraband;
(32) "special medical needs" means serious
				and complex medical treatment and care needs of a prisoner that, because of the
				nature of the medical condition or the extraordinary cost involved in the
				treatment, cannot be provided in the State of Alaska;
(33) "special mental health needs" means
				needs of a prisoner who, in the opinion of a physician, psychologist, or
				psychiatrist, is suffering from a mental illness for which the prisoner cannot
				secure adequate treatment in prison and who cannot be given adequate mental or
				psychiatric treatment in a facility owned or operated by the state;
(34) "strip search" means a visual search of
				a person which requires the complete removal of clothing, and includes a visual
				body cavity search;
(35)
				"superintendent" means the chief administrator of an adult correctional
				facility, or any employee of the department designated by the superintendent,
				regional director, deputy commissioner, or the commissioner to carry out an
				official function of the superintendent;
(36) repealed 1/13/2012;
(37) "working day" means a 24-hour period of
				which no portion includes a Saturday, Sunday, or holiday; in computing a period
				of time prescribed or allowed by this chapter and pertaining to a "working
				day," the day of the act, event, or default from which the designated period of
				time begins to run is not to be included; the last day of the period is to be
				included, unless it is a Saturday, a Sunday or a legal holiday, in which case
				the period runs until the end of the next working day; a half-holiday is
				considered as other working days and not as a holiday;
(38) "director of institutions" or "director"
				means the director of the division of institutions for the Department of
				Corrections, or any employee designated by the commissioner, deputy
				commissioner, or director of institutions to carry out an official function of
				the director of institutions;
(39)
				"disciplinary tribunal" means a hearing officer or a disciplinary committee, as
				applicable, designated under
				22 AAC 05.450;
(40) "hearing officer" means a department
				employee or a person employed by a contractor of the department, designated by
				the superintendent of a correctional facility to preside and issue decisions in
				prisoner disciplinary hearings and preside over classification
				proceedings;
(41) "administrative
				segregation maximum" means the segregation of a prisoner at the maximum level
				of supervision available within the facility due to the prisoner being
				identified as an escape risk or as being the most assaultive, predatory,
				riotous, or seriously disruptive to the orderly administration of the
				facility.