Alaska Administrative Code

Notes 22 AAC 05.266 Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201 State regulations are updated quarterly; we currently have two versions available.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 …

Notes 22 AAC 05.271 Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201 State regulations are updated quarterly; we currently have two versions available.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 …

Notes 22 AAC 05.276 Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201 State regulations are updated quarterly; we currently have two versions available.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 …

(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, o…

(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 t…

Notes 22 AAC 05.305 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

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 cri…

Notes 22 AAC 05.315 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

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. Notes 22 AAC 05.316 Eff. 1/9/…

Notes 22 AAC 05.320 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

(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 se…

Notes 22 AAC 05.325 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

(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 o…

Notes 22 AAC 05.330 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

(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…

(a) If a violation of the conditions of a furlough is alleged, the superintendent must be notified, immediately followed by a written report to the superintendent and the regional director. (b) If, as a result of the alleged violation, the prisoner presents a threat to the public…

The department will provide an educational program to the extent permitted by available resources. The program will include remedial education programs that will afford the prisoner an opportunity to attain an educational level equivalent to the completion of the 12th grade in th…

The department will provide work projects and vocational training opportunities to the extent permitted by available resources. Notes 22 AAC 05.345 Eff. 9/10/77, Register 63; am 1/9/87, Register 101 Authority:AS 33.30.011 AS 33.30.021 AS 44.28.030 State regulations are updated qu…

(a) A prisoner eligible under 22 AAC 05.352 may be designated or classified to a restitution center in accordance with 22 AAC 05.206 - 22 AAC 05.216 to participate in restitution, work, and community service programs. (b) A restitution center provides the opportunity for prisoner…

(a) To be eligible for consideration for placement at a restitution center under 22 AAC 05.350, the prisoner must (1) be classified at either the minimum or community custody level; (2) meet the criteria set out in AS 33.30.161; (3) not be an escape risk; (4) agree to remain at t…

(a) Placement of a prisoner at a restitution center or contract misdemeanant housing does not create a liberty interest in the prisoner remaining at that contract correctional facility. The prisoner may be returned to a facility at the discretion of the regional director. A priso…

(a) Prohibited conduct for prisoners in state facilities is governed by (b) - (e) of this section. A violation must be punished as either a major, high- or low-moderate, or minor infraction. (b) Major infractions include the following:(1) homicide; (2) assault upon a staff member…

(a) A facility staff member may informally handle prisoner conduct that constitutes a minor infraction by correcting, counseling, or advising the prisoner as to the proper or acceptable behavior. Upon approval of the assistant superintendent, a facility staff member may informall…

(a) If a facility staff member reports an instance of prisoner misconduct, a report must be written. If the assistant superintendent determines that the misconduct is to be handled informally under 22 AAC 05.405, the written report must be denominated an information report in acc…

(a) A prisoner scheduled to appear before a disciplinary tribunal must be provided written notice at least 48 hours in advance of the hearing. A prisoner may waive the 48-hour notice requirement by requesting an earlier appearance before the disciplinary tribunal. (b) The notice …

(a) A disciplinary tribunal hearing occurs in two phases, known as the adjudicative phase and the dispositive phase. The adjudicative phase must occur first and must be directed toward determining whether the prisoner committed the alleged infraction. If the prisoner is found to …

(a) The disciplinary tribunal must grant the accused prisoner a hearing not more than seven working days after service of a copy of a disciplinary report, unless a postponement is granted (1) under (b) of this section, (2) because of a request submitted under 22 AAC 05.095(b) or …

(a) The accused prisoner may present witnesses and other evidence in the accused prisoner's defense, subject to (c) of this section, if written notice of the witnesses to be called or evidence to be admitted is given to the disciplinary tribunal no later than 24 hours before the …

(a) If the accused prisoner or advocate requests the disciplinary tribunal to call as a witness the member of the facility staff who wrote the disciplinary report, the staff member shall appear as a witness. If the staff member is temporarily unavailable, the hearing officer or c…

(a) The accused prisoner is entitled to the assistance of an advocate in investigating the facts and preparing and presenting a defense at a disciplinary hearing, unless the infraction charged is a minor infraction. (b) An accused prisoner who desires to be represented by a staff…

The hearing officer or members of a disciplinary committee, as applicable, and the prisoner's advocate may direct questions to the accused prisoner and other witnesses. The accused prisoner may question any witness, but must direct questions through the hearing officer or chairpe…

(a) A disciplinary hearing held under 22 AAC 05.400 - 22 AAC 05.480 shall be heard by a disciplinary tribunal appointed by the superintendent. A single hearing officer or a three-person disciplinary committee may be appointed as a disciplinary tribunal. The superintendent shall a…

(a) A prisoner is presumed innocent of an infraction, and the facility has the burden of establishing guilt. A prisoner cannot be found guilty of an alleged infraction unless the hearing officer or a majority of the disciplinary committee, as applicable, is convinced from the evi…

(a) A superintendent shall promptly notify the district attorney located closest to the facility of an infraction that, if established, would constitute a violation of a felony criminal statute. (b) The superintendent shall inquire of the district attorney whether a criminal comp…

(a) If the hearing officer or disciplinary committee, as applicable, finds that the prisoner did not commit an infraction or if a finding of guilt is reversed on appeal, the disciplinary report and appurtenant reports must be removed from the prisoner's case record. (b) If the he…

(a) Only a disciplinary tribunal may impose punishment for an infraction. The disciplinary tribunal shall impose at least one, and may impose all, of the following penalties if the prisoner is found guilty of an infraction:(1) reprimand; (2) suspension of participation in activit…

(a) Except as provided in 22 AAC 05.473, a prisoner found guilty of a disciplinary infraction who has had statutory good time forfeited may, at the discretion of the commissioner, have up to 100 percent of the forfeited good time restored in accordance with the criteria and proce…

(a) A municipal prisoner incarcerated in a state correctional facility, or in a contract facility due to transfer from a state correctional facility, is subject to 22 AAC 05.470 and 22 AAC 05.472. (b) A municipal prisoner incarcerated in a municipal correctional facility may have…

(a) If a prisoner is found guilty of an infraction, the disciplinary tribunal shall issue a written decision. The decision must include the following: (1) a summary of the statement of the accused prisoner; (2) a summary of the testimony of witnesses; (3) a statement of the disci…

(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 pri…

(a) A prisoner may be assigned to administrative segregation if the prisoner (1) has not been classified since initial admission to a facility, or has not yet had a physical examination under 22 AAC 05.120(b); (2) is incapacitated; (3) is suffering or suspected of suffering from …

Notes 22 AAC 05.490 Repealed 1/9/87. 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 features will be added as we have more versions to compar…

(a) Time periods for action taken following initial and 30-day-review administrative segregation hearings are the same as those set out in 22 AAC 05.212. (b) A prisoner who is either facing or appealing disciplinary action who has been assigned to administrative segregation and w…

A prisoner assigned to administrative segregation must be afforded rights and privileges under this chapter consistent with the security risks inherent in the reasons and justification for the prisoner's status as a segregated prisoner. Notes 22 AAC 05.500 Eff. 9/10/77, Register …

The superintendent shall ensure that segregated prisoners are supervised and monitored to the degree necessary, consistent with security considerations inherent in segregation status. The superintendent shall inspect the segregation units daily. Facility health care personnel sha…

(a) A prisoner may request any reading material that may be obtained through the state library system. A prisoner is not limited to the facility's collection, but may have access to the resources of the state library system through inter-library loan procedures established by the…

(a) A prisoner may mail an unrestricted number of pieces of mail and, except as limited in this section, may correspond with anyone. However, limits may be placed on the amount of incoming and outgoing mail sent or received by a prisoner conducting apparent business activities. M…

(a) Media representatives must be afforded the same opportunities to tour a facility as afforded other persons under 22 AAC 05.135. (b) Media representatives must be afforded the same opportunities to visit prisoners as afforded other persons under 22 AAC 05.130. (c) If the ident…

(a) The commissioner will establish procedures by which a prisoner may periodically make phone calls of a personal nature to maintain contact with his or her family or attorney. (b) In order to preserve the security and orderly administration of the correctional facility and to p…

(a) A prisoner must have access to law library materials, including, at a minimum, current constitutional, statutory, and case law materials, applicable court rules, and practice treatises. (b) A facility shall provide a prisoner with timely access to the law library, library ass…