Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 4 - Classification › 22 AAC 05.231 - Out-of-state transfer procedures

Current through May 31, 2024
(a) A prisoner may
				be transferred to an institution outside of this state that is operated by the
				Federal Bureau of Prisons, a state, county, city or municipality, or a private
				entity if a determination is made that the prisoner's rehabilitation or
				treatment will not be substantially impaired by the transfer.
(b) A transfer under the Interstate
				Corrections Compact under AS 33.36 shall be initiated by the chief
				classification officer or the chief classification officer's designee. The
				chief classification officer is the Interstate Corrections Compact
				Administrator for this state and shall work directly with other states
				regarding transfers under the compact.
(c) Upon the request of central
				classification, a classification shall be held by the institutional probation
				officer to determine the eligibility of a prisoner for an out-of-state
				transfer.
(d) If a prisoner
				volunteers for out-of-state placement or waives the prisoner's personal
				appearance at an out-of-state classification, the institutional probation
				officer shall complete the classification form and forward the form to central
				classification.
(e) The prisoner
				shall be provided at least 48 hours advance written notice of a classification
				for an out-of-state transfer. The prisoner may appear and present evidence at
				the classification. The review shall be recorded.
(f) The officer completing the out-of-state
				classification shall make a recommendation regarding whether the transfer will
				substantially impair the prisoner's access to rehabilitation or treatment and
				whether the prisoner has special medical needs, special mental health needs, or
				a safety or security need that may be better met in a facility outside of this
				state. The completed classification form shall be signed by the prisoner and
				the prisoner shall be provided with a copy.
(g) The officer who completed the
				classification form shall forward the form to central classification.
(h) Central classification shall prepare a
				notice of transfer and provide a copy to the holding facility.
(i) A copy of the notice of transfer and
				completed classification form shall be provided to the prisoner no later than
				one working day after the prisoner's arrival at the holding facility. The
				original notice of transfer and classification form and any relevant documents
				shall be placed in the prisoner's case record.
(j) No later than five working days after the
				date a prisoner receives the written notice of the decision of central
				classification under this section, the prisoner may appeal to the director of
				institutions the prisoner's out-of-state transfer decision. No later than 15
				working days after receiving an appeal under this subsection, the director of
				institutions shall issue a written decision. The director's decision is the
				final agency decision. The decision shall be provided to the prisoner no later
				than three working days after the date of the director's decision. The appeal
				and decision shall be placed in the prisoner's case record.
(k) A prisoner who has an appeal pending
				under this section may not be transferred out of this state until the appeal
				process is completed and the prisoner has received the decision regarding the
				appeal from the director of institutions. The prisoner shall sign the decision
				upon the prisoner's receipt of the decision. A prisoner's refusal to sign the
				decision does not impede the transfer process. If the prisoner's appeal is
				denied, or no appeal is submitted, central classification may arrange for the
				transportation of the prisoner to the out-of-state facility.
(l) Central classification may consider
				whether a prisoner incarcerated outside of this state shall be returned to this
				state for one or more of the following reasons:
(1) a verified and serious threat to the
				prisoner's personal safety exists;
(2) the prisoner's projected release date is
				approaching and re-entry protocols need to be initiated;
(3) the prisoner has been approved for a
				prerelease furlough;
(4) the
				prisoner has been granted discretionary parole and all conditions have been met
				or the prisoner has met the conditions for mandatory re-parole;
(5) department mental health or medical
				personnel request the prisoner return to a facility in this state;
(6) at the request of the director's
				office.