Alaska Administrative Code

Notes 21 AAC 20.380 Eff. 9/16/84, Register 91; repealed 6/7/2015, Register 214, July 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison feat…

Notes 21 AAC 20.390 Eff. 9/16/84, Register 91; repealed 6/7/2015, Register 214, July 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison feat…

(a) Unless requested by the ombudsman, a complaint need not be in writing, except that a complaint alleging misconduct by an agency employee or official must be in writing and signed by the complainant. (b) The ombudsman may request that the complainant provide a written complain…

Prior to investigation, the ombudsman shall ask the complainant for consent to disclose the complainant's identity and relevant infonnation to the agency or agencies that are the subject of the complaint. Consent may be verbal, but must be documented by the ombudsman. The ombudsm…

The ombudsman will decline to investigate an anonymous complaint, unless it is accompanied by specific, credible information that the ombudsman reasonably believes can be corroborated and that would justify investigation upon the ombudsman's own motion. The ombudsman may refer an…

The ombudsman will not accept a complaint made on behalf of another person, unless the complainant is authorized by law to act on behalf of that person in regard to the ombudsman complaint, or unless the ombudsman reasonably believes that the person is incapable of personally til…

(a) Within 30 days of receipt of a complaint, unless the time is extended to obtain additional infonnation from the complainant, the ombudsman will determine whether to accept the complaint for fiirther investigation or decline the complaint. If the ombudsman declines investigati…

(a) The ombudsman will decline to investigate a complaint for any of the following reasons: (1) the complaint does not involve an administrative act, as defined in AS 24.55, by an agency within the jurisdiction of the ombudsman; (2) the merits ofthe complaint are the subject of a…

When the ombudsman's resources are insufficient for adequate investigation due to the number of pending complaints, the ombudsman will consider the following priorities for selecting complaints for investigation: (1) complaints alleging an emergency in which delay would subject t…

When the ombudsman accepts a complaint for investigation, the ombudsman will notify the agency that is the subject of the complaint of the investigation unless notice is delayed under AS 24.55.140. The ombudsman will provide notice to the agency staff that the ombudsman identifie…

(a) During an investigation, the ombudsman may request the cooperation of the agency that is the subject of the complaint, in order to provide a remedy for the complaint by persuading the agency to act or to reconsider action already taken; or, if no remedy is warranted under the…

(a) No later than 90 days after acceptance of a complaint for investigation, the ombudsman will notify both the complainant and the agency that is the subject of the complaint of the status of the complaint, unless(1) the ombudsman reasonably believes that grounds exist for withh…

(a) The ombudsman will close a complaint without further investigation for any of the following reasons:(1) the complainant becomes a party to a judicial proceeding that may address all of the allegations that are being investigated by the ombudsman; (2) the merits of the complai…

(a) If the ombudsman determines that evaluation or investigation of a complaint by a member of the ombudsman's staff involves a conflict of interest or the appearance of a conflict of interest, then the ombudsman will assign the complaint to another staff member, and the conflict…

(a) A subpoena issued under AS 24.55.170 may be served by any member of the ombudsman's staffer by any person authorized under Alaska Rule of Civil Procedure 45 to serve a subpoena. Service of a subpoena upon a person named in it shall be made by delivering a copy of the subpoena…

(a) When the ombudsman requires that an agency provide records pursuant to AS 24.55.160(a)(4), the ombudsman will determine a reasonable time for production of the records. If the agency requests additional time for production of records, the ombudsman may allow additional time. …

(a) After investigation, the ombudsman siiali consult with agency personnel if the ombudsman proposes a criticism of the agency's conduct or proposes that the agency take further action regarding the complaint. The ombudsman shall convey the basis for the ombudsman's preHminary c…

(a) If the agency's response substantially resolves the complaint and provides an appropriate remedy, then the ombudsman may discontinue further investigation and close the complaint as resolved. (b) If the ombudsman does not close the complaint as resolved, then the ombudsman sh…

(a) The ombudsman may not provide access to or copies of working notes, files, or records received from complainants or others, except for (1) disclosures deemed necessary to obtain additional infonnation during an investigation or otherwise carry out the ombudsman's duties under…

(a) If the ombudsman receives infomnation that the ombudsman reasonably believes provides specific and credible evidence of imminent danger of serious physical harm to a complainant or others, then the ombudsman may disclose the information to law enforcement personnel, other eme…

(a) The ombudsman shall maintain a confidential record received from an agency subject to the same restrictions on disclosure that apply while the record is in the custody of the agency. (b) If another agency would have access to a coniidential record during the normal course of …

(a) If an agency provides the ombudsman with attorney-client privileged communications or attorney work product, then the ombudsman shall label the records as "attorney-client privileged" or "attorney work product" and shall maintain the privileged material separately from other …

Health care records received by the ombudsman during evaluation or investigation of a complaint will be returned to the sender or destroyed within one year of the closure of the complaint, except that a health care record cited in an investigative report issued under AS 24.55.190…

(a) If an agency asserts that a record is confidential, including an assertion that a specific disclosure proposed by the ombudsman would not be pennitted by law, the ombudsman may request that the agency state, in writing, the state or federal law relied upon by the agency. (b) …

If the ombudsman obtains information from both a confidential agency record and a nonconfidential source, the ombudsman may disclose the information in reliance upon the nonconfidential source. Notes 21 AAC 25.360 Eff. 6/7/2015, Register 214, July 2015 Authority:AS 24.55.090 AS 2…

In order to carry out the ombudsman's duties under AS 24.55, the following are public records: (1) the ombudsman's reports and recommendations published under AS 24.55.200; (2) the ombudsman's annual reports published under AS 24.55.230; (3) public summaries and statistical infon…

(a) The ombudsman may maintain and release summaries of closed complaints in order to assist in the management of the state government programs, respond to inquiries about the perfonnance of state government programs, and to inform the public and the legislature about the perform…

After the ombudsman has provided the agency with the final investigative report, the ombudsman may provide a copy of the final investigative report to the complainant, provided that the ombudsman redacts confidential informafion to which the complainant is not entitled. If the om…

(a) The ombudsman may publish a copy of a final investigative report from which confidential information has been redacted. If the ombudsman concludes that the report cannot be effectively redacted, then the ombudsman may publish a summary of the report, including the ombudsman's…

In this chapter, unless context requires otherwise, (1) "ombudsman" means both the appointed ombudsman and the ombudsman's staff, except for functions specifically reserved to the appointed Ombudsman or the Acting Ombudsman under AS 24.55.070, the determination of a conflict of i…

For purposes of this chapter, time periods will be computed according to AS 01.10.080. Notes 21 AAC 25.520 Eff. 6/7/2015, Register 214, July 2015 Authority:AS 24.55.090 State regulations are updated quarterly; we currently have two versions available. Below is a comparison betwee…

For purposes of this chapter, notification or notice includes either verbal or written communication, unless a regulation or statute expressly requires written notice. Written notice may be provided by letter, facsimile transmission, or electronic mail. Notes 21 AAC 25.530 Eff. 6…

(a) A facility must provide for the safekeeping, housing, care, and subsistence of a person admitted to the facility under 22 AAC 05.020; however, if the admitting facility staff member finds the person to be unconscious or in immediate need of medical attention, the staff member…

(a) Facility staff members shall frisk a prisoner and hand-carried items for weapons or other contraband immediately upon entrance to the facility. (b) A full and complete search of the prisoner and his or her personal effects must be made to complete the admission process. The p…

(a) Immediately upon entrance to a facility, a person under arrest for a new criminal offense or probation or parole violation must be permitted to complete phone calls or otherwise communicate with an attorney and any relative or friend. All long distance phone calls must be mad…

(a) Nothing in this section requires that the department accept custody of a prisoner or admit a prisoner into a correctional or contract facility. The commissioner will determine if the department will accept or admit a particular type of prisoner. To determine if the department…

The commissioner will, in his or her discretion, require a person initially admitted to a facility to be photographed as soon as practical, except that those persons under the age of majority held under AS 47.10.010 will not be photographed except by court order. Notes 22 AAC 05.…

The commissioner will, in his or her discretion, require a person initially admitted to a facility on criminal charges to be fingerprinted as soon as practical; however, those persons under the age of majority, as defined in AS 47.10.010, will not be fingerprinted except by court…

(a) Each facility must provide a secure area where a limited amount of a prisoner's personal property may be stored. This is to protect the prisoner's property from theft and the department from claims of theft and not to protect the prisoner's privacy. Upon admission, an invento…

(a) Each facility must provide security consistent with the needs of the individual prisoner, the general population of the facility, and the community at large. (b) Security is the responsibility of every facility staff member regardless of job description or classification. All…

(a) The superintendent shall prepare, with the approval of the commissioner, plans to deal with a catastrophe or a declared state of emergency that necessitates the evacuation of the facility. The superintendent shall ensure that evacuation routes are clearly marked and posted an…

(a) Firearms and security equipment kept at a facility must be stored in an armory or other secure area. Only a staff member of the rank of superintendent or higher may order the issuance of firearms to facility staff members. Weapons may be issued only for the performance of off…

(a) A facility staff member may not, in a facility, use physical force, chemical agents, mechanical restraints, or deprive a prisoner of clothing, except when necessary in self-defense, to protect a person from imminent physical harm, to enforce a lawful order of a staff member i…

Each facility must be searched for prohibited articles. Searches must be periodic and timed so that they are not anticipated. Notes 22 AAC 05.065 Eff. 9/10/77, Register 63; am 1/9/87, Register 101 Authority:AS 11.56.375 AS 11.56.380 AS 33.30.011 AS 33.30.021 AS 44.28.030 State re…

(a) Searches of individual prisoners must be reasonably related to the security interests of the facility. (b) Prisoners are subject to a frisk search by facility staff at any time. (c) A prisoner is subject to a strip search, by a staff member who, except under exigent circumsta…

(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 commissione…

(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 fo…

(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 med…

(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. (…

(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. Prison…