22 AAC — Department of Corrections

Chapter 05 Adult Facilities

Article 1 Admission to Adult Correctional Facilities

22 AAC 05.005 Health inspection upon initial admission

(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 shall advise the remanding or admitting party to contact responsible medical authority. The initial admission process may not be commenced until the admitting staff member is satisfied that the admittee has received medical attention, unless admission is sought under AS 47.37.170(b) and 22 AAC 05.020(4).

(b) During the initial admission process, the admitting staff member shall determine whether the admittee is in need of medical attention, by inspecting for obvious injuries or illnesses, and by inquiring about any medical problems or recent use of medication or unprescribed drugs. A person who appears to be ill, injured, or incapacitated by alcohol, narcotics, or similar agents, but not in immediate need of medical attention, must be given medical attention as soon as practical. A written record must be kept of the initial admission health inspection.

History

• Authority: AS 33.30.011; AS 33.30.071 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.010 Search upon admission

(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 purpose of the search is to account for property, seize contraband, or ascertain the prisoner's true identity. The staff member shall require the prisoner to undress as part of the search upon admission. Absent exigent circumstances, a staff member of the same sex shall conduct a search of the person. A search may be deferred while a prisoner is incapacitated.

(c) Notwithstanding (b) of this section, the search may not take place if the prisoner is able to post bail or otherwise arrange release within one hour after entrance into the facility.

History

• Authority: AS 11.56.375; AS 33.30.011; AS 44.28.030 AS 11.56.380; AS 33.30.021
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.015 Communications upon entrance

(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 made collect or arranged so as not to be made at the expense of the facility.

(b) Facility staff members may complete the procedures outlined in 22 AAC 05.010(a) before allowing a person to communicate under (a) of this section.

History

• Authority: AS 12.25.150; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.020 Legal authority to admit

(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 will accept or admit a particular type of prisoner, the commissioner will consider factors that include the following:

(1) the legal status of the prisoner;

(2) the mental or physical health of the prisoner;

(3) the grounds for detention of the prisoner;

(4) the circumstances upon which the prisoner is being brought to the department, including which agency seeks to relinquish custody of the prisoner to the department;

(5) the capability of the correctional or contract facility to handle a particular type of prisoner.

(b) If the commissioner designates a correctional or contract facility as appropriate to accept or admit a particular type of prisoner under this section, a prisoner may not be accepted by the department or admitted to that facility unless

(1) the arresting or transporting officer produces commitment papers properly executed by a court;

(2) the arresting or transporting officer executes a remand-to-custody order in the presence of the admitting facility staff member;

(3) the officer who has taken custody of a prisoner and seeks to admit that prisoner under AS 47.30.700, produces a court order of commitment or indicates that a judge has issued an oral order of commitment, which must be verified by the admitting staff member; or

(4) the officer who has taken custody of a person and seeks to admit that person under AS 47.30.705 or AS 47.37.170(a) or (b), respectively, executes a remand-to-custody order in the presence of the admitting staff member and certifies in writing that the officer has exhausted all other alternatives for placement under AS 47.30.705 or AS 47.37.170(a) or (b), respectively, and

(A) for admittance under AS 47.30.705, further certifies that the officer has probable cause to believe that the person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700; or

(B) for admittance under AS 47.37.170(a) or (b), further certifies that the person is intoxicated or incapacitated by alcohol.

(c) The commissioner will designate in writing which correctional and contract facilities are appropriate to accept or admit a particular type of prisoner that is remanded under (b) of this section.

History

• Authority: AS 33.30.011; AS 44.28.030; AS 47.30.705 AS 33.30.021; AS 47.30.700; AS 47.37.170
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 9/3/2004, Register 171

22 AAC 05.025 Photographs upon initial admission

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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.030 Fingerprints upon initial admission

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 order.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.035 Storage and disposal of personal property

(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 inventory of all the prisoner's property must be made in the prisoner's presence and the prisoner shall sign a receipt. The inventory may be deferred if a prisoner is incapacitated. The prisoner bears responsibility for arranging for disposition of personal property in excess of the amount allowed to be stored in the facility. If a prisoner cannot or will not dispose of excess personal property, the facility may dispose of it under procedures approved by the commissioner.

(b) Except as provided in (c) of this section, a prisoner shall provide for the appropriate disposition of his or her personal property remaining at a correctional facility within 90 days after the date the property is declared excess or the date of the prisoner's release or transfer from the correctional facility.

(c) When a prisoner is transferred from one correctional facility to another, the superintendent shall provide for the shipment to the receiving facility of a reasonable amount of the prisoner's personal property as determined by the commissioner.

History

• Authority: AS 12.25.140; AS 33.30.021; AS 44.28.030 AS 33.30.011; AS 33.30.251
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Article 2 Security

22 AAC 05.045 Facility security responsibility

(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 staff members may be required to report to duty at any time and may be assigned to security duty in any type of emergency situation.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.050 Plans for emergencies and the evacuation of prisoners

(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 and that all facility staff members are instructed in their duties in order to implement the plans.

(b) If, as the result of an emergency, the commissioner orders the evacuation of a facility, prisoners must be transported under guard, except that the following may be released on their own in order to report to a designated location at a designated time:

(1) prisoners solely charged with or convicted of a misdemeanor;

(2) prisoners classified minimum or community custody; and

(3) prisoners held under contempt of court or any form of civil process, excluding mental commitments and persons incapacitated by alcohol.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.055 Firearms and security equipment

(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 official duties, including manning observation towers, roving patrol, searching for escapees, transportation of prisoners, training, or for emergency use in the facility. Only employees who are certified by the department in the use of firearms may be issued firearms.

(b) Each facility must provide a secure area for the storage of weapons of law enforcement officials or other armed visitors entering the facility.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.060 Use of force, chemical agents, mechanical restraints, nudity, or corporal punishment within a facility

(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 in the face of physical resistance by a prisoner, to carry out medical instructions, to prevent escape or serious damage to property, or in the conduct of a search, and only then for a period reasonably necessary to control or isolate a prisoner, to obtain medical advice, or to alleviate the security threat. The use of force must always be limited to the extent reasonably necessary to accomplish its purpose.

(b) In no event may physical force, nudity, restraints, or chemical agents be used against a prisoner for purposes of punishment.

(c) A facility staff member must obtain prior authorization from the superintendent, and must have training, before using chemical agents, including tear gas and mace.

(d) If a prisoner is exposed to a chemical agent, medical personnel shall examine the prisoner as soon as reasonably possible after the exposure.

History

• Authority: AS 11.81.410; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.065 Facility searches

Each facility must be searched for prohibited articles. Searches must be periodic and timed so that they are not anticipated.

History

• Authority: AS 11.56.375; AS 33.30.011; AS 44.28.030 AS 11.56.380; AS 33.30.021
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.067 Prisoner searches

(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 circumstances, must be the same sex as the prisoner being searched,

(1) upon initial admission;

(2) upon apprehension from an escape or attempted escape;

(3) upon initial admission to segregation;

(4) upon re-entry to a facility after leaving the security perimeter or grounds;

(5) at the conclusion of a contact visit;

(6) upon returning from a classroom or area where tools were present or in use, or other similar circumstances;

(7) upon return from the grounds of a facility which are accessible for the introduction of contraband, and other similar circumstances; and

(8) at any time there exists a reasonable basis to conclude the prisoner is in possession of contraband.

(d) A prisoner is subject to a body cavity search if probable cause exists to conclude that the prisoner possesses contraband inside a body cavity. A body cavity search will be conducted by medical personnel in the presence of a correctional officer of the same sex as the prisoner being searched.

History

• Authority: AS 11.56.375; AS 33.30.011; AS 44.28.030 AS 11.56.380; AS 33.30.021
• Eff. 1/9/87, Register 101

22 AAC 05.069 Substance abuse screening

(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.

History

• Authority: AS 11.56.375; AS 33.30.011; AS 44.28.030 AS 11.56.380; AS 33.30.021
• Eff. 1/9/87, Register 101

22 AAC 05.070 Contraband

(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.

History

• Authority: AS 11.56.375; AS 11.56.390; AS 33.30.021 AS 11.56.380; AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Article 3 Operations

22 AAC 05.090 Prisoner records

(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.

History

• Authority: AS 33.30.011; AS 33.30.211 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.095 Access to prisoner records

(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.

(e) Denial of access to any of the records or documents described in (d) of this section does not affect the right to access to any other records concerning a prisoner.

(f) Written notice of denial of access to records under (d) of this section must be provided to the prisoner, and must indicate the material to which access was denied, and, upon request, briefly state the reason for denial.

(g) If a request to review a prisoner's records, as described in (b) of this section, is received at least three working days before a scheduled hearing, the prisoner must be given access to the authorized material at least 24 hours before the hearing.

(h) If a hearing described in (b) of this section is not scheduled, a prisoner may have access, upon request, to the prisoner's records once every 12 months.

(i) Examination of prisoner records must be supervised by a staff member. Reproduction of authorized documents will be allowed, if done at prisoner expense. If a prisoner is indigent, documents necessary for preparation of a scheduled hearing will be provided at no charge.

(j) A dispute regarding access to prisoner records must be addressed through the grievance procedures set out in 22 AAC 05.185.

(k) The deputy commissioner may approve access to prisoner records by individuals or agencies involved in research upon a showing that potential threats to confidentiality or individual privacy have been minimized by the use of methods calculated to reduce the risk of injury or embarrassment to an individual, and that such concerns are clearly outweighed by the benefit to the individual or agency to be derived from the research program.

(l) A person who is no longer under the supervision or custody of the department may have access to his or her records, except those the deputy commissioner determines would result in substantial risk of reprisal or injury or would endanger the security of a facility. Any reproduction of documents must be done at the person's expense.

(m) The address, phone numbers, or other information that could disclose the whereabouts or location of a victim of a crime against a person may not be disclosed to a prisoner, the prisoner's attorney, or anyone outside the department other than those officials of the justice system with a specific need to know in connection with an active investigation or litigation, such as agents of the Department of Public Safety or the Department of Law.

History

• Authority: AS 33.30.011; AS 33.30.211 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.100 Work programs

(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.

History

• Authority: AS 33.30.011; AS 33.30.191; AS 44.28.030 AS 33.30.021; AS 41.21.858
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.105 Prisoner fund account

(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.

History

• Authority: AS 33.30.011; AS 33.30.201 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.106 Prisoner responsibility for electrical costs for major appliances

(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.

History

• Authority: AS 33.30.015; AS 33.30.017; AS 33.30.021
• Eff. 4/11/99, Register 150

22 AAC 05.110 Prisoner work compensation

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.

History

• Authority: AS 33.30.011; AS 33.30.201; AS 44.28.030 AS 33.30.021; AS 33.32.050
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.115 Food service

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.120 Health services

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101

22 AAC 05.121 Prisoner responsibility for health care services

(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.

(c) The department will not pursue payment by a prisoner for the following inspections, examinations, or testing required by state regulation or necessary to protect the health or safety of the general prisoner population or others:

(1) inspection upon initial admission provided under 22 AAC 05.005;

(2) a physical examination under 22 AAC 05.120(b);

(3) testing for pregnancy, HIV, AIDS, tuberculosis, sexually transmitted diseases, or other communicable diseases.

(d) The department will not pursue the co-payment from a prisoner for the following health care services provided under circumstances listed, so long as the prisoner arranges for the department to obtain payment or coverage from one or more of the responsible parties set out in AS 33.30.028(a) to the extent that such payment or coverage is available:

(1) services for injuries or repair or replacement of medical equipment if the services resulted from work performed for the department or an assault or violation of facility rules or state law by another prisoner, but only if the services were not due to the prisoner's failure to follow medical instructions or to protect the equipment against loss or damage;

(2) services initiated by health care providers who are department employees or designated contractors;

(3) services for communicable diseases or pregnancy;

(4) treatment for a chronic disease or medical or mental condition, if after consulting with appropriate health care providers, the department determines that the potential for harm to the prisoner is substantial if treatment is delayed.

(e) Notwithstanding (a) - (d) and (g) of this section, a prisoner may be charged for the full cost of health care services provided by health care providers other than department employees or designated contractors, resulting from a self-inflicted injury, or an injury to the prisoner or to another prisoner resulting from an assault or other violation of facility rules or state law by the prisoner.

(f) A prisoner who is provided health care services by a department employee or designated contractor is financially responsible for the following co-payments:

SERVICE

CO-PAYMENT

Health care services by a health

care provider $5 for each visit or

service Health care services provided

under (d)(2) of this section for

injuries incurred in sports activi-

ties, if the activity was recom-

mended against by a health

care provider $5 for each visit or

service Initial prescriptions or changes

or renewals in prescriptions

ordered at the same time $5 Use of medical equipment

available in the facility, such

as crutches or Neoprene

braces $5 per use

(g) Notwithstanding (b) of this section, the department will not pursue payment by the prisoner for the cost of the use of medical equipment not available in the correctional facility above the first $25 charged for each use by the prisoner.

(h) The department will deduct the co-payments and cost of health care services as provided in this section for which a prisoner is responsible directly from the prisoner's prison fund account. However, such deductions are subject to outstanding obligations of the prisoner to pay that are given a higher priority under the law, such as child support orders, court-ordered restitution, civil judgments or administrative orders resulting from the prisoner's criminal conduct, court-ordered fines, and restitution ordered by the department. A prisoner residing in a community residential center has an additional priority deduction of payment for room and board as determined by the department. The prisoner must be notified in writing of the deduction made under this subsection.

(i) A prisoner may challenge the amount deducted under (h) of this section by submitting a written appeal to the health care officer in the facility within three working days of receiving notice of the deduction. The appeal must set out reasons why the amount deducted is incorrect. The health care officer shall issue a written decision. The prisoner may appeal the decision to the director of institutions of the department. The appeal must be made within seven working days of the prisoner's receiving notice of the health care officer's decision. The decision of the director of institutions is the final departmental decision, and must be made in writing. If the director of institutions grants the appeal, the prisoner's prison fund account will be adjusted consistent with that decision.

(j) In this section,

(1) "AIDS" means acquired immunodeficiency syndrome;

(2) "community jail" is a jail owned or operated by a municipality of the state that confines prisoners held under the authority of state law under a contract with the department under AS 33.30.031;

(3) "co-payment" is that portion of the cost of health care services provided by a department employee or designated contractor for which the department will pursue payment directly from the prisoner;

(4) "correctional facility" has the meaning given in AS 33.30.901;

(5) "designated contractor" means a health care provider who

(A) is not employed by the department; but

(B) does have a collaborating or supervisory relationship with a health care provider who is an employee of the department, or has a written contract that provides for payment by the department other than on a per patient visit basis;

(6) "health care officer" is the chief departmental health care provider in a correctional facility;

(7) "health care provider" includes a physician, psychiatrist, psychologist, emergency medical technician, physician assistant, registered or practical nurse, advanced nurse practitioner, dentist, dental hygienist, optometrist, pharmacist, mental health clinician, clinical social worker, psychological associate, dispensing optician, physical therapist, and occupational therapist;

(8) "health care services" means medical, psychological, and psychiatric care, including medical equipment, provided under AS 33 by a health care provider; "health care services" do not include sex offender or substance abuse treatment provided by the department;

(9) "HIV" means human immunodeficiency virus;

(10) "medical care" includes any evaluation, treatment, medication, medical equipment, or consultation given by a health care provider, related to any physical, mental, dental, auditory, or optometric condition; "medical care" does not include psychological and psychiatric care given by a health care provider;

(11) "official detention" has the meaning given in AS 11.81.900(b);

(12) "prisoner" means a person in the custody of the department in the state in official detention; "prisoner" includes a person who has been released by the department on an authorized furlough or confined in a restitution center or other correctional facility, but not including a community jail;

(13) "psychological and psychiatric care" includes any evaluation, treatment, medication, or consultation given by an appropriate health care provider for a mental or social adjustment condition that is not "medical care" under this section.

History

• Authority: AS 33.30.021; AS 33.30.028; AS 44.28.030
• Eff. 8/8/97, Register 143; am 7/1/2011, Register 198

22 AAC 05.122 Involuntary administration of psychotropic medication

(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.

(c) Notwithstanding (b) of this section, if, in the opinion of the facility physician, a prisoner presents such an immediate danger to himself or herself, or others, that the informed consent process under (a) of this section, or the informed consent review process under (b) of this section cannot be completed in a timely fashion, the prisoner may be involuntarily administered psychotropic medication. The involuntary administration must be followed by

(1) a medical review as set out in (b) of this section within 72 hours after the emergency administration of medication; and

(2) regular and timely follow-up monitoring by the prescribing physician, incorporating safeguards consistent with prudent standards of medical care.

(d) If, in the opinion of facility health care personnel, a prisoner requires the administration of psychotropic medication as part of the therapeutic medical treatment plan but is not capable of giving informed consent, the following standards apply:

(1) emergency cases must be treated as set out in (c) of this section; and

(2) non-emergency cases must be considered for transfer to a psychiatric facility under 22 AAC 05.253 or referred to the Department of Law for assistance in seeking a court order for treatment.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.125 Clothing, bedding, and linen

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.130 Visitation of prisoners

(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.

(b) Facility staff members shall establish the identification of visitors and may conduct a frisk search and a search of the belongings of each visitor for weapons and other contraband. In order to have contact visitation with a prisoner, a visitor may be required to submit to a strip search, if reasonable grounds exist to believe that the visitor is in possession of contraband. A frisk or strip search must be performed by a staff member of the same sex as the visitor being searched. A visitor to a facility may not possess or use a camera, tape recorder, or other sound or visual recorder without the prior approval of the superintendent.

(c) A visitor denied visitation under (d) of this section must be informed of the reasons for the denial.

(d) A visitor may be excluded for any of the following reasons:

(1) security requirements;

(2) space availability;

(3) disruptive conduct;

(4) being under the influence of alcohol or drugs;

(5) health problems;

(6) refusal to submit to a search authorized under (b) of this section;

(7) being under the age of 18, unless the visitor is a family member of the prisoner escorted by an adult family member or is a nonfamily member escorted by a parent or guardian; the visitor has attained majority by virtue of marriage to the prisoner in accordance with AS 25.20.020; or the visitor is an emancipated minor in accordance with AS 09.55.590;

(8) previous violation of visiting rules;

(9) unapproved visit by a person under the supervision of the department;

(10) misrepresentation of identity or purpose of visit;

(11) clothing worn by the visitor is in violation of visitor dress code established by the commissioner; or

(12) the visitor was released from a correctional facility within the preceding 60 days, unless approval is granted by the superintendent; this paragraph does not apply to a prisoner's family members.

(e) A visitor and a prisoner may not exchange any object, except with the approval of the superintendent.

(f) A visitor is responsible for keeping his or her children under control.

(g) Except as limited by the remanding authority in the case of a contract prisoner, contact visits may be allowed with authorized visitors after a prisoner has been incarcerated for 30 days or upon completion of prisoner orientation, whichever occurs first. Prisoners in punitive segregation or who are identified by the superintendent as an escape, smuggling, or security risk are not eligible for contact visitation.

(h) Hospitalized prisoners may be allowed to receive visitors with the authorization of the superintendent and medical authorities.

(i) A limited number of relatives or friends may visit a prisoner at any time of day or night within the 24 hours after initial admission to a facility on new criminal charges, subject to 22 AAC 05.015.

History

• Authority: AS 12.25.150; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.135 Facility tours

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.155 Department manual

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.165 Recreation and exercise

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.170 Prisoner commissary

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.180 Prisoner cleanliness and grooming

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.185 Prisoner grievance procedure

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.195 Training and safety standards for correctional officers

(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.

(b) The superintendent shall ensure that correctional officers are tested periodically for proficiency in firearms and cardio-pulmonary resuscitation.

(c) Other facility staff must receive training as resources permit and as determined appropriate by the commissioner.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 12/27/78, Register 68; am 1/9/87, Register 101

22 AAC 05.196 Staff appearance standards

(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.

History

• Authority: AS 33.30.011; AS 39.26.015 AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101

Article 4 Classification

22 AAC 05.200 Prisoner classification

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; am 1/13/2012, Register 201

22 AAC 05.201 Custody levels

(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;

(2) Medium Custody: a medium custody prisoner

(A) is a prisoner who does not meet institutional standards for minimum custody based on the prisoner's current charges, criminal history, and institutional behavior;

(B) is eligible for all work assignments within the secure confines of the facility and has full access to all education and treatment programs within the facility;

(C) requires housing in a facility with secure perimeter fencing and with regular and direct staff supervision; and

(D) may be eligible for furlough 24 months before the prisoner's scheduled release.

(3) Close Custody: a close custody prisoner

(A) does not meet institutional standards for medium custody based on the prisoner's current charges, criminal history, and lack of a substantial period of appropriate institutional behavior;

(B) is eligible for restricted work assignments within the secure confines of the facility and has access to most education and treatment programs within the facility;

(C) requires housing in a facility with secure perimeter fencing but may be managed and housed in general population with enhanced regular and direct staff supervision;

(D) does not require a two-officer escort or restraints for normal movement within the facility; and

(E) is not eligible for furlough.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.205 Initial classification

Repealed 11/3/84.

22 AAC 05.206 Facility designation process for long-term sentenced prisoners

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.207 Initial classification

(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.

(c) An officer designated by the department shall meet with the prisoner and complete a substance abuse screening tool and a risk screening tool and review a prisoner's education level after remand. Any prisoner without a general educational development or high school diploma shall be referred to the institutional education coordinator for testing and educational placement.

(d) The officer completing the initial classification form shall submit a recommendation regarding the prisoner's custody level to the superintendent. The superintendent shall approve, disapprove, or modify the initial classification of custody level recommendation no later than three working days after the date of the initial classification. If the recommendation is disapproved or modified, the superintendent shall state the reasons for the disapproval or modification on the classification form.

(e) The prisoner shall be provided a copy of the completed initial classification and the superintendent's decision no later than three working days after the date of the decision. A copy of the completed initial classification and any relevant documents shall be placed in the prisoner's case record.

(f) A prisoner may request a correction of factual errors on the initial classification form, or of a significant change in status that may affect the prisoner's custody level, by submitting a request for interview no later than three working days after the prisoner's receipt of the initial classification documents. No later than three working days after the date that the prisoner receives a response to the request for interview, the prisoner may appeal the response to the request for interview to the superintendent under 22 AAC 05.242.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.210 Reclassification

Repealed 11/3/84.

22 AAC 05.211 Facility designation process for short-term sentenced prisoners

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.212 Reclassification

(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.

(d) The officer completing the review under this section shall consider the prisoner's eligibility for placement on electronic monitoring, furlough, and for out-of-state placement.

(e) The superintendent shall approve, disapprove, or modify the reclassification recommendation no later than three working days after the superintendent receives the recommendation. If the recommendation is disapproved or modified, the superintendent shall state the reasons in writing for the disapproval or modification on the reclassification form.

(f) If a prisoner is determined to be eligible for placement on electronic monitoring, furlough, or out-of-state placement, the superintendent shall forward the reclassification form to central classification for consideration and a final decision regarding the placement.

(g) A copy of the completed reclassification form and superintendent's decision shall be provided to the prisoner no later than three working days after the date of the superintendent's decision and must include a description of the classification action appeal process. A copy of the completed reclassification form and any relevant documents shall be placed in the prisoner's case record.

(h) No later than five working days after a prisoner receives a reclassification form under this section, the prisoner may appeal the reclassification to the superintendent of the holding facility under 22 AAC 05.242. This appeal is limited to the effect that the review has on the prisoner's access to rehabilitative programs. No later than five working days after receiving an appeal under this subsection, the superintendent shall issue a decision regarding the appeal. The superintendent's decision is the final agency decision, except that an out-of-state transfer decision is appealable to the director of institutions under 22 AAC 05.231.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.213 Facility designation procedures

(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.

(b) The procedures regarding a long-term designation are as follows:

(1) a long-term designation shall be completed under this section for a prisoner who has a composite sentence of 367 days or more;

(2) the officer completing the long-term designation shall complete and forward a long-term designation to central classification after the completion of the prisoner's time accounting sheet;

(3) central classification will make the final designation decision and shall send a notice of designation to both the sending facility and the receiving facility; central classification may override the prisoner's designated custody level and shall record the reason for the override on the notice of designation;

(4) the prisoner shall be provided a copy of the notice of designation no later than three working days after the date that the designation is completed; a copy of the completed designation form and any relevant documents shall be placed in the prisoner's case record.

(c) No later than 10 working days after a prisoner receives a short-term designation or long-term designation under this section, the prisoner may appeal the designation to the director of institution under 22 AAC 05.242. This appeal is limited to the effect that the designation has on the prisoner's access to rehabilitative programs. No later than 15 working days after receiving an appeal under this section, the director shall issue a decision regarding the appeal. The director's decision is final.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.215 When a hearing is required

Repealed 11/3/84.

22 AAC 05.216 Initial classification

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.219 Administrative transfer procedures

(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.

(d) For an emergency transfer, the sending facility shall provide all documentation regarding the emergency to the receiving facility at the time of the transfer or as soon as possible thereafter.

(e) If a superintendent's request for transfer request is denied, the superintendent may request the director of institutions to review the denial.

(f) If an administrative transfer will result in the prisoner being assigned to administrative segregation, the prisoner must be provided a segregation review after arrival at the receiving facility.

(g) A copy of the completed transfer order and any relevant documents shall be provided to the prisoner upon the prisoner's arrival at the receiving facility and placed in the prisoner's case record.

(h) No later than 10 working days after a prisoner arrives at the designated facility, a prisoner may appeal an administrative transfer by submitting an appeal to the institutional probation officer at the designated facility. This appeal is limited to the effect that an administrative transfer has on the prisoner's access to rehabilitative programs. The institutional probation officer shall forward the appeal to central classification for a decision. The decision of central classification is final.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.220 Advance written notice to prisoner or classification hearing

Repealed 11/3/84.

22 AAC 05.221 Classification review for prisoners incarcerated in Alaska

Repealed.

History

• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.225 Composition Of Classification Committee

Repealed 11/3/84.

22 AAC 05.226 Classification of unsentenced prisoners

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.230 Agenda and procedural opportunities at classification hearing

Repealed.

History

• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.231 Out-of-state transfer procedures

(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.

(m) During the annual reclassification review conducted under 22 AAC 05.212, a prisoner incarcerated outside of this state shall also be reviewed under this section for continued out-of-state placement.

History

• Authority: AS 33.30.011; AS 33.30.061; AS 44.28.030 AS 33.30.021; AS 33.36.010
• Eff. 1/13/2012, Register 201

22 AAC 05.235 Duties Of Institutional Counselor At Hearings

Repealed 11/3/84.

22 AAC 05.236 Composition of classification committee

Repealed.

History

• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; am 11/13/99, Register 152; repealed 1/13/2012, Register 201

22 AAC 05.240 Prisoner's opportunity for confrontation, cross-examination and presentation of evidence in classification

Repealed 11/3/84.

22 AAC 05.241 When a hearing is required

Repealed.

History

• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.242 Appeal procedures

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

22 AAC 05.245 Rules of evidence in classification

Repealed 11/3/84.

22 AAC 05.246 Staff assistance for classification hearing

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.251 Classification of prisoners to facilities operated by the Federal Bureau of Prisons

Repealed.

History

• Eff. 11/3/84, Register 92; am 11/15/86, Register 100; repealed 1/13/2012, Register 201

22 AAC 05.252 Classification of prisoners to non-federal contract facilities outside Alaska

Repealed.

History

• Eff. 11/15/86, Register 100; repealed 1/13/2012, Register 201

22 AAC 05.253 Classification for transfer to mental health or psychiatric facility

(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.

(b) The physician, psychologist, or psychiatrist who previously determined that the prisoner is suffering from a mental illness for which treatment in a mental health or psychiatric facility is appropriate shall testify at the hearing before the independent decision-maker. If the mental health professional who made the finding of mental illness is presently unavailable, another physician, psychologist, or psychiatrist designated by the commissioner may be substituted.

(c) If exigent circumstances exist which require a prisoner's immediate transfer into a psychiatric facility for mental health observation or stabilization, the transfer is an interim emergency medical placement and does not require a classification hearing unless

(1) the prisoner is not returned to the original facility within 20 days, in which case the prisoner must be provided a hearing under (a) of this section within 30 days after the transfer; or

(2) a clinical diagnosis indicates the need for treatment in a psychiatric facility for more than 10 days, in which case the prisoner must be provided a hearing under (a) of this section within 15 days after the diagnosis.

History

• Authority: AS 33.30.011; AS 33.30.061 AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101; am 1/13/2012, Register 201

22 AAC 05.254 Classification review for prisoners incarcerated outside Alaska

Repealed.

History

• Eff. 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.255 Written report of classification action

Repealed 11/3/84.

22 AAC 05.256 Standards for return of prisoners incarcerated outside Alaska

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.260 Appeals procedure

Repealed.

History

• Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.265 Custody classification

Repealed 11/3/84.

22 AAC 05.266 Administrative transfer

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.271 Custody classification

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.276 Security level of facilities

Repealed.

History

• Eff. 11/3/84, Register 92; am 1/9/87, Register 101; repealed 1/13/2012, Register 201

22 AAC 05.280 Post-remand community residential center placement procedures

(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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 1/13/2012, Register 201

Article 5 Programs

22 AAC 05.300 Contract facilities

(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.

History

• Authority: AS 33.30.011; AS 33.30.031 AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.305 Institution from which a prisoner is furloughed

Repealed 1/9/87.

22 AAC 05.310 Furlough for prisoners outside Alaska

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.

History

• Authority: AS 33.30.011; AS 33.30.031; AS 44.28.030 AS 33.30.021; AS 33.30.111
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.315 Rehabilitation furloughs

Repealed 1/9/87.

22 AAC 05.316 Furlough

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.

History

• Authority: AS 33.30.011; AS 33.30.101; AS 33.30.121 AS 33.30.021; AS 33.30.111; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.320 Work furloughs

Repealed 1/9/87.

22 AAC 05.321 Prerelease furlough

(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.

(d) In the case of a prisoner convicted of a crime against the person, upon request of the victim notice of the regional director's intent to consider the prisoner for a prerelease furlough must be sent to the victim. The victim may comment in writing on the intent of the regional director to release the prisoner on prerelease furlough status. The regional director shall consider the comments of the victim before making a final decision to release a prisoner on a prerelease furlough. If the victim requests notification, the regional director shall make every reasonable effort to notify the victim of an intent to release the prisoner on a prerelease furlough. The notice must contain the expected date of the prisoner's release, the geographic area in which the prisoner will reside and other pertinent information concerning the prisoner's release that may affect the victim.

(e) The restrictions and supervision required for a prerelease furlough must provide safeguards that minimize risk to the public, and include, as a minimum,

(1) frequent contact with the prisoner by the persons supervising the prisoner;

(2) knowledge by supervisory staff of the location of the prisoner;

(3) periodic reports by supervisory staff to the regional director on the performance of the prisoner while on furlough; and

(4) a residential setting in which persons supervising a prisoner are obliged to immediately report to the regional director any violation of a condition set for the prisoner's conduct.

History

• Authority: AS 33.30.011; AS 33.30.101; AS 44.28.030 AS 33.30.021; AS 33.30.111
• Eff. 1/9/87, Register 101; am 4/22/2018, Register 226

22 AAC 05.325 Family visitation furloughs

Repealed 1/9/87.

22 AAC 05.326 Short-duration furlough

(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.

(b) Except for a short-duration furlough involving family visitation, the regional director may grant an eligible sentenced prisoner a short-duration furlough in accordance with (d) of this section. The decision of the regional director may be appealed to the deputy commissioner.

(c) The deputy commissioner may grant an eligible sentenced prisoner a short-duration furlough involving family visitation in accordance with (d) of this section. The decision of the deputy commissioner may not be appealed.

(d) To be eligible for consideration for a short-duration furlough, the prisoner must

(1) be classified at the community custody level;

(2) not have a pending disciplinary action, and must not have been found guilty of a major or high-moderate infraction within the past 120 days; and

(3) agree in writing to abide by the conditions established for the prisoner's behavior while on furlough.

History

• Authority: AS 33.30.011; AS 33.30.101; AS 44.28.030 AS 33.30.021; AS 33.30.121
• Eff. 1/9/87, Register 101

22 AAC 05.330 Furlough consideration

Repealed 1/9/87.

22 AAC 05.331 Furlough or restitution center placement involving employment

(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.

History

• Authority: AS 33.30.011; AS 33.30.131 AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.335 Violation of furlough conditions

(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 safety, including the security of the facility in which the prisoner resides, the superintendent may arrange for the immediate return of the prisoner to actual confinement.

(c) A prisoner who is alleged to have violated the conditions of a furlough but who does not present a threat to the public safety, may not be returned to actual confinement until a preliminary hearing is held at which a determination is reached that there is probable cause to believe that the prisoner has violated the conditions of a furlough.

(d) A preliminary hearing under (c) of this section must be conducted by an impartial person who was not involved in the allegation of violation of conditions of furlough. The prisoner is entitled to

(1) at least 12 hours' advance notice of the preliminary hearing; the notice must inform the prisoner

(A) that the purpose of the hearing is to determine whether probable cause exists to believe that the prisoner has violated the conditions of the furlough, and

(B) what furlough conditions are alleged to have been violated;

(2) appear and speak in his or her own behalf, and present letters, documents, or individuals who can give relevant information to the hearing officer;

(3) upon request, have any person who has given information adverse to the prisoner questioned in the presence of the prisoner, unless the hearing officer determines that the person would be subjected to risk of harm if the person's identity were disclosed; and

(4) a written summary of the hearing officer's decision which summarizes the evidence in support of a violation of the conditions of furlough, the prisoner's responses and the prisoner's position, and includes the determination as to whether probable cause exists to believe the prisoner has violated the conditions of the furlough.

(e) A prisoner returned to actual confinement under (b) or (c) of this section must be granted a hearing within seven days before the classification committee, as described in 22 AAC 05.216, to determine whether the furlough is to be terminated or continued. In addition, the prisoner is also subject to disciplinary sanctions as set out in 22 AAC 05.400 - 22 AAC 05.480.

History

• Authority: AS 33.30.011; AS 33.30.141 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.340 Academic education

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 the public school system, as measured by the general equivalency diploma test. Post-secondary education opportunities consisting of courses or correspondence study will also be made available to prisoners.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.345 Vocational and work opportunities

The department will provide work projects and vocational training opportunities to the extent permitted by available resources.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.350 Restitution centers

(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 rehabilitation through community service and employment while protecting the community through partial incarceration, and provides a means for the prisoner to pay restitution to victims of crimes. In order to meet these goals, a restitution center must

(1) be secure to the extent necessary to maintain partial incarceration;

(2) comply with state and local fire and life safety laws;

(3) enforce disciplinary rules and sanctions in accordance with 22 AAC 05.400 - 22 AAC 05.480 unless other disciplinary provisions are approved by the commissioner as applicable to prisoners in a restitution center;

(4) implement procedures, with the approval of the commissioner, for granting a prisoner an emergency absence consistent with the provisions of 22 AAC 05.271;

(5) adopt and implement procedures that require mandatory employment and participation in community service programs by prisoner residents throughout their entire stay at the center; and

(6) provide a performance and progress review to the regional director for each center resident at least once per month.

History

• Authority: AS 33.30.011; AS 33.30.151 AS 33.30.021; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.352 Restitution center consideration

(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 the center at all times except while at work or a community service project, while traveling to or from work or a community service project or an approved job interview, or during an approved emergency absence or furlough; and

(5) acknowledge an understanding of 22 AAC 05.355.

(b) A prisoner placed in a restitution center who is classified minimum custody may not be permitted in the community unless under constant supervision.

History

• Authority: AS 33.30.011; AS 33.30.151; AS 33.30.181 AS 33.30.021; AS 33.30.161; AS 44.28.030
• Eff. 1/9/87, Register 101

22 AAC 05.355 Return from a restitution center or contract misdemeanant housing; discipline

(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 prisoner may appeal his or her return from a restitution center or contract misdemeanant housing by filing a written appeal, through a facility staff member designated by the superintendent, with the deputy commissioner.

(b) If return of the prisoner will result in the prisoner being assigned to administrative segregation under 22 AAC 05.485(a), the prisoner must be granted a hearing before a classification committee in accordance with 22 AAC 05.485(d) - (f).

(c) Except as provided in (b) of this section, within 10 working days after arrival at the receiving facility, the prisoner must be provided a classification hearing as described in 22 AAC 05.216.

History

• Authority: AS 33.30.011; AS 33.30.151; AS 44.28.030 AS 33.30.021; AS 33.30.161
• Eff. 1/9/87, Register 101

Article 6 Discipline

22 AAC 05.400 Prohibited conduct for prisoners

(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 or a visitor;

(3) escape or evasion from custody;

(4) setting a fire;

(5) rioting;

(6) assault by a prisoner upon another prisoner under circumstances that create a substantial risk of serious physical injury;

(7) threatening or intimidating a witness in an official proceeding;

(8) possession, use, or introduction of weapons or escape implements;

(9) stealing, destroying, altering or damaging government property, or the property of another, which results in damages of $1,000 or more; and

(10) commission of a class A or unclassified felony offense.

(c) High-moderate infractions include the following:

(1) fighting (i.e., mutual combat) with a person;

(2) extortion, blackmail, or protection, such as the demanding or receiving of favors or anything of value in return for protection against bodily harm, property loss, or under threat of informing;

(3) engaging in sexual acts with others, or making sexual proposals or threats;

(4) wearing a disguise or mask;

(5) stealing, destroying, altering or damaging government property, or the property of another, which results in damages of $100 or more, but less than $1,000;

(6) tampering with or blocking a locking or security device;

(7) possession, use, or introduction of contraband, except that described in (b)(8) of this section, which directly threatens the security of the facility, such as excess money or unauthorized drugs;

(8) intentional misuse of prescribed medication, such as hoarding medication or taking another person's medication;

(9) adulteration of food or drink;

(10) participation in an organized work stoppage;

(11) possession of staff clothing or unauthorized civilian clothing;

(12) counterfeiting, forging, or unauthorized reproduction of a document, article of identification, money, security, or official paper, or the possession or use of such a document, which presents a threat to the security of the facility;

(13) giving or offering an official or staff member a bribe;

(14) threats to another of immediate bodily harm;

(15) engaging in a group or individual demonstration or activity that involves throwing of objects, loud yelling, loud verbal confrontation, or pushing, shoving, or other physical contact that disrupts or interferes with the orderly administration of the facility;

(16) refusal to provide a urine specimen when requested by a staff member;

(17) spitting, or throwing urine or fecal matter, on or at a staff member;

(18) intentionally providing a false statement

(A) before a classification or disciplinary committee or a hearing officer in a disciplinary matter; or

(B) to an investigator in a grievance, classification, or disciplinary matter;

(19) refusing to obey a direct order of a staff member;

(20) misuse of the telephone, such as making intimidating, obscene, harassing or threatening phone calls;

(21) encouraging others to engage in a food strike;

(22) refusal or failure to participate in a court-ordered treatment program, unless the conviction is being appealed and refusal is based upon advice of counsel;

(23) intentionally interfering with a prisoner count; and

(24) commission of a class C or B felony offense.

(d) Low-moderate infractions include the following:

(1) indecent exposure;

(2) stealing, destroying, altering, or damaging government property, or the property of another, which results in damages of $50 or more, but less than $100;

(3) unauthorized use of mail or telephone;

(4) lying or providing a false statement to a staff member under circumstances other than those described in (c)(18) of this section;

(5) giving or loaning property or anything of value for profit or favors if it threatens the security or orderly administration of the facility;

(6) threats to another of future bodily harm;

(7) possession of anything not authorized for retention or receipt by the prisoner, and not issued through regular facility channels;

(8) malingering or feigning an illness, injury, or suicide attempt;

(9) missing a prisoner count, unexcused absence or tardiness from work or an assignment, failure to perform work as instructed by a staff member, or refusing to perform a work assignment for alleged medical reasons without being excused by medical staff;

(10) failure to abide by posted sanitation rules or failure to keep one's person and quarters in accordance with posted rules;

(11) being in an unauthorized area;

(12) using equipment or machinery contrary to instructions or posted safety standards, or use of equipment or machinery which is not specifically authorized;

(13) using abusive or obscene language or gesture that is likely to provoke a fight or that clearly disrupts or interferes with the security or orderly administration of the facility;

(14) tattooing or self-mutilation, other than attempts at suicide;

(15) unauthorized communication or contact with the public or visitors;

(16) giving to or exchanging anything of value with or accepting anything of value from, any other person without prior approval of the superintendent, if it threatens the security or orderly administration of the facility;

(17) threatening damage to or theft of another's personal property;

(18) kicking, shouting, or banging, or engaging in any other persistent nuisance noise or activity;

(19) wilful failure or refusal to keep a medical or health care appointment scheduled with the prisoner's knowledge and consent; and

(20) commission of a misdemeanor offense.

(e) Minor infractions include the following:

(1) gambling, or possession of unauthorized gambling paraphernalia;

(2) possession of unauthorized prisoner clothing;

(3) failure to follow posted safety rules, except as described in (d)(12) of this section;

(4) smoking where prohibited;

(5) stealing, destroying, altering, or damaging government property, or the property of another, which results in damages of less than $50; and

(6) failure to follow a written rule of the facility, of which the prisoner has been provided notice and which has been approved by the regional director.

(f) Planning or attempting to commit, or aiding or encouraging a prisoner to plan or attempt to commit an infraction described in (b) - (e) of this section is considered the same as a commission of the infraction itself.

(g) A list of the prohibited conduct described in (b) - (e) of this section must be provided in writing to each prisoner upon admission to a facility. If a prisoner is illiterate or cannot understand English, the list of prohibited conduct must be read and explained or interpreted, as necessary.

(h) An amendment or addition to facility rules described in (e)(6) of this section must be approved by the regional director and may be put into effect only after reasonable notice is given to the population of the facility.

History

• Authority: AS 33.20.050; AS 33.30.021; AS 33.30.261 AS 33.30.011; AS 33.30.191; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.405 Informal resolution; facility staff members' duty to report infractions

(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 informally handle prisoner conduct that constitutes a low-moderate or high-moderate infraction by correcting, counseling, or advising the prisoner as to the proper or acceptable behavior. However, all prisoner misconduct that constitutes a low-moderate or higher infraction must be reported to the assistant superintendent by separate report for each infraction. If the matter is handled informally, the staff member shall file an information report unless the infraction is a minor infraction.

(b) Except as provided in 22 AAC 05.430(b), staff members may not informally discuss the facts of an alleged infraction with other staff members other than the assistant superintendent, in order to ensure impartiality in the disciplinary process.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.410 Written report

(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 accordance with (e) of this section. If the assistant superintendent determines that the misconduct is to be handled formally, the written report must be denominated a disciplinary report in accordance with (d) of this section.

(b) The report must be written by the staff member with the most direct knowledge of the incident.

(c) A report must be referred to the assistant superintendent for disposition. The assistant superintendent may refer the incident for informal action under 22 AAC 05.405, schedule a hearing under 22 AAC 05.415 - 22 AAC 05.480, or determine that no action is appropriate. The prisoner must be notified of the assistant superintendent action.

(d) A disciplinary report must include the citation of the rule allegedly violated, the details of the incident, and a description of the disposition of the physical evidence, if any. The existence of a known witness or an anonymous informant must be noted. A copy of the report must be given to the accused prisoner not more than five working days after the alleged infraction or the date upon which the prisoner is identified as a suspect in the alleged infraction, whichever occurs later, unless that action is likely to jeopardize an ongoing investigation by a law enforcement agency. If an investigation is likely to be jeopardized, a copy of the report must be given to the prisoner upon the completion of the investigation.

(e) Information that may affect the security or orderly administration of a facility may be the subject of an information report. An information report must include the details of the incident that is the subject of the report and of any informal action taken as a result of the incident.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.415 Advance notice to prisoner of hearing before disciplinary tribunal

(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 referred to in (a) of this section must

(1) include a brief description of the agenda followed at a disciplinary tribunal hearing under 22 AAC 05.420;

(2) include the procedural opportunities afforded a prisoner under 22 AAC 05.430 - 22 AAC 05.445; and

(3) inform the prisoner that no later than 24 hours before the hearing, the prisoner must inform the disciplinary tribunal in writing of witnesses that might be called or evidence that might be introduced.

(c) If the prisoner is represented by a staff advocate under 22 AAC 05.440, at the prisoner's request the advocate shall inform the disciplinary tribunal in writing of witnesses the prisoner might call or evidence that might be introduced.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.420 Agenda at disciplinary tribunal hearing

(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 have committed the infraction, the dispositive phase must follow and must be directed toward determining what sanction is to be imposed. If the accused prisoner refuses to appear or participate in the hearing, adjudication and disposition may be made in the prisoner's absence.

(b) The adjudicative phase of the hearing must proceed as follows:

(1) The hearing officer or committee chairperson, as applicable, shall call the meeting to order and, unless the alleged violation is a minor infraction under 22 AAC 05.400(e), ensure that the proceedings are tape-recorded.

(2) The hearing officer or chairperson, as applicable, shall read the disciplinary report to the prisoner.

(3) The hearing officer or chairperson, as applicable, shall request the prisoner to admit or deny each of the infractions alleged.

(4) If an admission is entered, the dispositive phase under (c) of this section may begin.

(5) If a denial is entered, the following procedure applies:

(A) if the prisoner or the disciplinary tribunal has requested the appearance of the staff member who wrote the disciplinary report, the staff member must be called into the room and questioned under 22 AAC 05.435 and 22 AAC 05.445;

(B) if the disciplinary report has noted the existence of witnesses or other evidence relevant to the alleged infraction, the hearing officer or chairperson, as applicable, may call the witnesses or otherwise introduce the evidence;

(C) the accused prisoner or advocate may present the prisoner's version of events, call witnesses, and introduce evidence under 22 AAC 05.430, 22 AAC 05.435, and 22 AAC 05.445;

(D) when the accused prisoner is finished presenting evidence, the prisoner must be excused from the room and the disciplinary tribunal shall, by a preponderance of the evidence, find whether the prisoner has committed the infraction; the tape recorder need not be operating during the deliberations of the disciplinary tribunal; and

(E) the prisoner must be called back into the room and informed, on the record, of the disciplinary tribunal's decision.

(c) The dispositive phase of the hearing must proceed as follows:

(1) If the prisoner admits the alleged infraction or is found by the disciplinary tribunal to have committed it, the disciplinary tribunal shall consider what sanction to impose.

(2) The prisoner or advocate may present any evidence or information believed to mitigate punishment. The disciplinary tribunal must consider such evidence or information in imposing a penalty.

(3) The prisoner may be excused from the room while the disciplinary tribunal determines what penalty to impose. The tape recorder need not be operating during the deliberations of the disciplinary tribunal. The prisoner must be called back into the room and informed on the record of the disciplinary tribunal's decision. The prisoner must be informed verbally, on the record, of the opportunity to appeal and the obligation to give notice of intention to appeal under 22 AAC 05.480, and must be provided a form, upon request, to facilitate an appeal.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.425 Time limits within which a hearing must occur

(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 22 AAC 05.435(a), or (3) under 22 AAC 05.460(b). If further investigation is required, a continuance of up to 30 days may be granted to staff upon a showing of good cause. In extraordinary circumstances, additional continuances of up to 30 days may be granted if further investigation is required. However, no more than six months may elapse between the date of the alleged infraction and the hearing, except as provided under 22 AAC 05.460(b).

(b) A prisoner accused of an infraction may postpone appearance before the disciplinary tribunal for two working days. The hearing officer or chairperson of the disciplinary tribunal, as applicable, shall automatically grant the prisoner this additional time if requested in writing 24 hours before the time originally scheduled for the hearing. At the hearing, a prisoner may be granted a postponement of two working days upon a finding that good cause exists.

(c) Repealed 1/9/87.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.430 Defense witnesses and evidence at disciplinary hearing

(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 hearing, unless good cause is shown why this time requirement cannot be met.

(b) The superintendent shall allow the accused prisoner or advocate to have a reasonable opportunity to interview witnesses, collect statements, or compile other evidence, if that action would not create a risk of reprisal or undermine security. The accused prisoner must use a staff advocate to help in this task if either the prisoner or the witness is being held in segregation or the witness to be interviewed is a staff member.

(c) The hearing officer or chairperson, as applicable, of the disciplinary tribunal may decline, for compelling reasons, to call a witness that the accused prisoner or advocate has requested to appear, and may restrict the introduction of other evidence to avoid repetitious or irrelevant evidence or to avoid a risk of reprisal or undermining of security. The hearing officer's or chairperson's, as applicable, reason for declining to call a witness or admit evidence must be noted orally for the record. If the prisoner is found to have committed an infraction, the hearing officer or committee chairperson, as applicable, shall file a report, to be attached to the completed disciplinary tribunal report, listing all persons the prisoner requested to appear but were not called to testify, or other evidence sought to be introduced but which was not admitted. This report must contain a brief statement of the reasons why the persons were not called, or the evidence was not admitted.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.435 Prisoner's opportunity to confront accusers in a disciplinary hearing

(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 chairperson, as applicable, shall postpone the proceedings until the staff member is available to appear. If any other staff member who is called as a witness is temporarily unavailable, the hearing officer or chairperson, as applicable, may postpone the hearing until the staff member is available to appear.

(b) If the charge is based in whole, or in part, upon information supplied by another prisoner, an unidentified informant, or other witness, the hearing officer or chairperson of the disciplinary committee, as applicable, shall allow the accused prisoner to be present while the witness testifies, unless it would create a risk of reprisal or undermine security. The hearing officer or chairperson, as applicable, may exclude the accused prisoner from the hearing in accordance with 22 AAC 05.440(d), while the witness testifies, but the hearing officer's or chairperson's, as applicable, reasons for denying confrontation must be noted orally for the record. If the accused is found to have committed an infraction, the chairperson shall file a report listing the persons the accused was not allowed to confront, the reasons for the action, the extent to which that testimony was relied upon, and facts upon which the disciplinary tribunal could have reasonably concluded that the person was credible and spoke with personal knowledge, or gave reliable information.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.440 Advocate at disciplinary hearing

(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 advocate may request one from a pool of three or four correctional officers or facility probation officers designated by the superintendent for that purpose. The superintendent may disapprove a request if a staff member would have to be paid overtime for appearance before the disciplinary tribunal. However, the prisoner has the right to select from at least two of the advocates in the pool.

(c) Once selected, the advocate shall meet with the prisoner at least 36 hours before the scheduled hearing to actively assist the prisoner and help coordinate the defense. The advocate shall clearly explain to the prisoner that if the prisoner does not request that the staff member who wrote the disciplinary report be present at the hearing, the prisoner may be found guilty on the basis of the report alone, even if the prisoner denies any wrong-doing. If requested by the prisoner, the advocate shall interview witnesses, advise the prisoner how best to proceed, and prepare examination of witnesses scheduled to appear at the hearing. If necessary, the advocate must have the assistance of an interpreter.

(d) An accused prisoner may waive the assistance of an advocate and present his or her own defense. An advocate must be appointed for the accused in any portion of a proceeding if the accused is not present to protect his or her rights to present evidence and witnesses, or to confront and cross-examine witnesses, unless the prisoner refuses to appear.

(e) An accused prisoner has a right to counsel in a hearing from which felony prosecution might result or has been initiated. For purposes of this subsection, the possibility of felony prosecution is eliminated if the district attorney indicates, in response to an inquiry under 22 AAC 05.460, that no felony complaint will be filed in the matter.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.445 Examination of witnesses in disciplinary hearings

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 chairperson, as applicable. The hearing officer or chairperson, as applicable, may, for compelling reasons, limit the prisoner's right to examine witnesses to avoid repetitious or irrelevant evidence or to preserve decorum, if those reasons are stated orally for the record. If the prisoner is found to have committed an infraction, the hearing officer or chairperson, as applicable, shall file a report, to be attached to the completed committee report, listing the reasons why the prisoner was prevented from examining a witness.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.450 Disciplinary tribunal

(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 appoint a single hearing officer as the disciplinary tribunal to hear a disciplinary action unless the superintendent determines appointment of a three-person disciplinary committee is necessary because the disciplinary report concerns an alleged major infraction under 22 AAC 05.400(b).

(b) A person is disqualified from serving as a hearing officer or disciplinary committee member if the person

(1) wrote the disciplinary report concerning the alleged rule violation;

(2) investigates or assists in the investigation of the alleged rule violation;

(3) has knowledge of the facts of the event or incident which form the basis for the disciplinary report unless the facts of the incident have become common knowledge in the facility; in that case, the person may serve on the disciplinary tribunal if the person has no direct involvement in the incident and can decide the adjudicative phase of the hearing solely on the facts presented at the hearing;

(4) is assigned to review the decision of the disciplinary tribunal;

(5) is a witness to the alleged infraction; or

(6) cannot, for any reason, remain impartial toward the prisoner.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.455 Rules of evidence in disciplinary hearings; lesser included infractions

(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 evidence presented at the hearing that the prisoner's guilt is established by a preponderance of the evidence. The decision in the adjudicative phase of the hearing must be based only on evidence presented at the hearing. If a prisoner does not request the presence of the facility staff member who wrote the disciplinary report, the report may be considered as evidence by the disciplinary tribunal and alone may serve as the basis for a decision. Other hearsay evidence may be considered if it appears to be reliable. The decision in the dispositive phase of the hearing may be based on evidence presented at the hearing or contained in the prisoner's case record.

(b) If the disciplinary tribunal is not convinced from the evidence presented at the hearing that the prisoner is guilty of committing the infraction charged, the prisoner may be found guilty of a lesser infraction necessarily included in the infraction charged if the evidence presented at the hearing establishes the prisoner's guilt by a preponderance of the evidence.

(c) For purposes of this section, a lesser infraction is necessarily included in the infraction charged if (1) the lesser infraction is inherently related to the infraction charged, so that proof of the greater would ordinarily entail proof of the lesser, (2) the infraction charged requires the disciplinary tribunal to find a disputed fact that is not required for conviction of the lesser infraction, and (3) the evidence relied on by the disciplinary tribunal supports conviction of the lesser infraction.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.460 Referral of incident to district attorney

(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 complaint will be filed against the prisoner. If the district attorney files a criminal complaint against the prisoner, the superintendent may postpone any disciplinary action against the prisoner until the conclusion of the criminal prosecution.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.465 Disposition of reports

(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 hearing officer or disciplinary committee, as applicable, finds that the prisoner committed an infraction, the disciplinary report, the hearing officer or disciplinary committee, as applicable, findings and decision, administrative appeals, and appurtenant reports must be placed in the prisoner's case record.

(c) An information report and appurtenant documents prepared in accordance with 22 AAC 05.410 must be placed in the prisoner's case record as documentation of an incident for purposes of program assessment.

(d) No punitive action beyond that permitted in 22 AAC 05.405(a) may be taken against a prisoner because of the presence of an information report in the prisoner's case record. However, verified acts of misbehavior may be considered in the dispositive phase of a disciplinary action, as provided in 22 AAC 05.455(a).

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.470 Punishment

(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 activities described in, and except as limited in, (b) of this section for a period up to 20 days for a minor infraction, up to 40 days for a low-moderate infraction, up to 60 days for a high-moderate infraction, and up to 90 days for a major infraction;

(3) confinement in punitive segregation, confinement to quarters, or weekend or holiday lock-ups for periods not to exceed 20 days for a low-moderate, 40 days for a high-moderate, or 60 days for a major, infraction;

(4) restitution for the amount of property damage, theft, or, in the case of an injury, for the amount of medical care and related costs, or for costs incurred from a violation of 22 AAC 05.400(d)(19), including the placement of a hold on the prisoner's work compensation payments, withdrawal of money from the prisoner's account, or requiring the prisoner to work without benefit of compensation; and

(5) except as provided in 22 AAC 05.473, forfeiture of up to 90 days statutory good time for a low-moderate, up to 180 days statutory good time for a high-moderate and up to 365 days statutory good time for a major, infraction.

(b) Participation in the following activities is automatically suspended during the period the prisoner is placed in punitive segregation and may otherwise be suspended for the periods described in (a)(2) of this section, except that participation in the activities described in (1) - (4) of this subsection for a prisoner who is not in punitive segregation may be suspended for no more than 15 days unless the infraction is directly related to the particular activity:

(1) participation in education programs or group religious services;

(2) contact visiting;

(3) secure visitation other than with immediate family members (i.e., spouse, parents, children, or siblings);

(4) telephone calls except those to an attorney;

(5) use of radio, tape recorder, phonograph, television, or games;

(6) recreation, except for one hour of exercise per day;

(7) reading material, except for religious or legal matter, or educational materials if the prisoner is enrolled in a course;

(8) eating in a community dining area; and

(9) use of commissary.

(c) If justice requires, the penalties imposed under (a) of this section may be suspended for a period not to exceed one year contingent on the prisoner complying with reasonable conditions established by the disciplinary tribunal. If, during the period of suspension, the prisoner violates any of the conditions upon which the suspension was based, the disciplinary tribunal may, after a hearing, reimpose the penalties.

(d) If the prisoner is found guilty of committing more than one infraction arising out of a single transaction or occurrence, penalties imposed must run concurrently unless the disciplinary tribunal finds that separate and distinct correctional interests exist which clearly justify penalties running consecutively.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.472 Restoration of forfeited statutory good time

(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 procedures established by the commissioner in the department's Policy and Procedure #809.07, dated May 14, 1992, hereby adopted by reference, if the prisoner has demonstrated satisfactory progress in faithfully observing the rules of the correctional facility in which the prisoner is housed.

(b) In order to be eligible for restoration of good time under this section, prisoners must have served the applicable following period of good conduct since the occurrence of the infraction:

(1) 30 days for a low-moderate infraction, as described in 22 AAC 05.400;

(2) 60 days for a high-moderate or major infraction, as described in 22 AAC 05.400.

(c) For purposes of this section, "good conduct" means the absence of a violation of a disciplinary rule listed in 22 AAC 05.400 or approved by the commissioner under 22 AAC 05.300(g), other than a minor infraction, for which guilt has been established through the disciplinary process.

History

• Authority: AS 33.20.050; AS 33.30.011; AS 44.28.030 AS 33.20.060; AS 33.30.021
• Eff. 1/9/87, Register 101; am 4/15/92, Register 122; am 9/11/92, Register 123

22 AAC 05.473 Award and forfeiture of statutory good time for municipal prisoners

(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 sanctions imposed by the superintendent of the facility for misbehavior while in the facility. Sanctions may include the forfeiture of statutory good time awarded under AS 33.20.010 as long as the prisoner is provided a hearing before an impartial person or persons and the prisoner is afforded minimum due process rights. The amount of good time forfeited must be related to the severity of the misbehavior.

(c) Good time forfeited under (b) of this section may be restored by the superintendent of the correctional facility under guidelines adopted and posted by the superintendent in the facility, consistent with AS 33.20.060.

History

• Authority: AS 33.20.010; AS 33.20.050; AS 33.20.060
• Eff. 1/9/87, Register 101

22 AAC 05.475 Written decision of disciplinary tribunal

(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 disciplinary tribunal's adjudicative and dispositive decisions and the reasons for those decisions, including a statement of the evidence relied upon and the specific facts found to support the disciplinary tribunal's decision; and

(4) the reports required under 22 AAC 05.430(c), 22 AAC 05.435(b), and 22 AAC 05.445.

(b) Except as provided in 22 AAC 05.480(i), the disciplinary tribunal shall issue the decision within five working days after the hearing.

(c) A copy of the written decision must be furnished the prisoner, except for the reports required under 22 AAC 05.430(c) and 22 AAC 05.435(b) if the information furnished would create a risk of reprisal or undermine security.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

22 AAC 05.480 Appeal from disciplinary decisions

(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 prisoner was found to have violated, a statement of punishment imposed, a place to indicate intention to appeal or to waive the right to appeal, and notice that if a prisoner waives the right to appeal that the penalty may then be immediately imposed. The hearing officer or disciplinary committee chair, as applicable, shall orally inform the prisoner of that written notice provision regarding the effect of the waiver and penalties specified in this subsection. If the prisoner wishes to appeal the decision, the prisoner must submit notice of intention to appeal promptly to the hearing officer or disciplinary committee chair, as applicable, at the conclusion of the hearing.

(b) In addition to submitting the notice of appeal under (a) of this section, the prisoner must submit the written appeal to the superintendent of the facility where the disciplinary infraction was heard within three working days after receipt of the disciplinary tribunal's written decision provided under 22 AAC 05.475. The appeal must be in accordance with a form and procedures established by the commissioner. For purposes of appeal, the prisoner may have access to the tape recording of the hearing, except for the portion of a tape that contains the testimony of an informant; that portion must be summarized by the disciplinary tribunal in as much detail as possible so as not to place the informant in danger, and the summary must be made available to the prisoner. An appeal that contains profane or abusive language that was not quoting testimony offered at the hearing may be returned without reconsideration by the superintendent to the prisoner for revision.

(c) Repealed 11/13/99.

(d) Except as provided in (i) of this section, the superintendent shall act on an appeal, and the prisoner must be informed of the superintendent's decision within 10 working days after the superintendent's receipt of the appeal.

(e) Disciplinary action for a minor, low-moderate, or high-moderate infraction may only be appealed to the superintendent. Disciplinary action for a major infraction may be appealed to the director of institutions if the superintendent denies the appeal, in whole or in part. If the superintendent or director of institutions meet any of the criteria set out in 22 AAC 05.450(b)(1)-(3), (5), or (6), the superintendent or director may not act on the appeal and shall forward it to the next level of appeal. If the director of institutions is disqualified, the deputy commission is the next level of appeal.

(f) When acting on an appeal, the superintendent shall consider the disciplinary tribunal's decision under 22 AAC 05.475 and the reasons submitted by the prisoner in support of appeal. The superintendent shall consider whether the disciplinary tribunal's findings justify the adjudication or the penalty imposed. In acting on an appeal, the superintendent may take any of the following actions:

(1) the disciplinary tribunal's decision may be affirmed, reversed, or modified, in whole or in part, in conformance with 22 AAC 05.455(b), or remanded, in whole or in part, for rehearing, findings, or clarification of findings; the superintendent may take any combination of actions described in this section;

(2) a penalty imposed by the disciplinary tribunal may be reduced or suspended, in whole or in part.

(g) A prisoner who wishes to appeal the superintendent's decision concerning a major infraction to the director of institutions shall submit the prisoner's appeal in writing within two working days after notice of the decision, in accordance with procedures established by the commissioner. The director of institutions has the same powers on appeal as does the superintendent under (f) of this section.

(h) Except as provided in (i) of this section, the prisoner must be informed of the director of institution's decision within 15 working days after receipt of the appeal.

(i) Execution of punishment must be stayed pending an administrative appeal within the department, unless the prisoner is scheduled to be released from incarceration before the expiration of the time periods allowed for appeal under this section. If execution of punishment is not stayed pending appeal, time frames for action on disciplinary appeals are expedited as follows:

(1) one working day for issuance of the disciplinary tribunal decision under 22 AAC 05.475(b);

(2) one working day to inform the prisoner of the superintendent's decision under (d) of this section; and

(3) three working days to inform the prisoner of the director of institution's decision under (h) of this section.

(j) A prisoner may not be confined to administrative segregation pending an appeal, except in accordance with 22 AAC 05.485.

(k) Failure of the appropriate official to respond within the time limits set out in this section must be considered a denial of the appeal. However, a late response granting an appeal is valid.

(l) Notwithstanding any contrary provision of this section, a prisoner incarcerated in a contract correctional facility may appeal any adverse disciplinary action issued by a disciplinary tribunal or a superintendent in accordance with this chapter to the director of institutions. The procedural requirements, including disqualification provisions and time limits, set in this section apply to appeals made under this subsection.

(m) By request of the prisoner or on the official's own motion, the superintendent, director of institutions, or the deputy commissioner may reconsider a final decision or order on appeal issued by the respective official at any time to correct an error.

(n) Notwithstanding any contrary provision in this section, the superintendent may review a disciplinary tribunal's decision even if the prisoner does not appeal. The superintendent may not begin the review under this subsection until any appeal within the department is completed or the prisoner waived the right to appeal. In reviewing an appeal, the superintendent may only take the actions specified in (f)(1) and (2) of this section.

(o) A decision on appeal that has no further level of appeal under this section is a final decision and order of the department that may be appealed to the superior court in accordance with AS 33.30.295 and the Alaska Rules of Appellate Procedure.

History

• Authority: AS 33.20.050; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Article 7 Segregation

22 AAC 05.485 Administrative segregation

(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 a communicable disease;

(4) has had segregation prescribed by a physician, physician's assistant, or mental health professional, based upon mental or physical condition;

(5) requests in writing to be segregated from the general population;

(6) is detained as a non-criminal hold under AS 47.30.705 or AS 47.37.170;

(7) is being held as a material witness under a court order;

(8) represents a substantial and immediate threat to the security of the facility or to public safety;

(9) requires protective custody; or

(10) requires the most restrictive housing based on the prisoner's behavior which represents a severe threat to the safety and security of the facility or to public safety.

(b) A prisoner assigned to administrative segregation, except one described in (a)(1) of this section, must be immediately informed of the reason for confinement in administrative segregation.

(c) Pending a hearing under this section, the superintendent shall review all assignments to administrative segregation except those under (a)(1) of this section within one working day and either approve, in writing, continued segregation or return the prisoner to general population living space. Upon completion of this review, a prisoner assigned to administrative segregation except one described in (a)(1) of this section, must be given written notice that includes the superintendent's written approval and reasons for the confinement.

(d) Except for a prisoner described in (a)(1) of this section, a prisoner must be granted a classification hearing as soon as possible, but no later than three working days after placement in administrative segregation unless the prisoner requests a continuance of the hearing. In exceptional circumstances and for good cause, the hearing may be postponed for up to 24 hours. In addition, a prisoner assigned to administrative segregation must be granted a review hearing before a classification committee at intervals of no longer than 30 days.

(e) At a classification hearing, the subject of which is continued placement of a prisoner in administrative segregation, the classification committee or hearing officer has the burden of establishing that the prisoner meets at least one of the criteria set out in (a) of this section. The committee or hearing officer shall prepare a written recommendation for the superintendent's review and action as required in 22 AAC 05.212(c). The recommendation must include the factual findings and evidence relied upon in sufficient detail so as to provide an adequate basis for review. A copy of the superintendent's decision must be furnished the prisoner, and, if the decision is for continued administrative segregation, must include a description of the appeal process available to the prisoner. Forms to facilitate an appeal must be provided upon request.

(f) The prisoner is entitled to at least 48 hours' advance written notice of a classification hearing.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 1/13/2012, Register 201

22 AAC 05.490 Administrative segregation pending transfer

Repealed 1/9/87.

22 AAC 05.495 Time frames for action after administrative segregation hearing

(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 who has been provided a 30-day review hearing under 22 AAC 05.485(d), is entitled to action within the following time frames. Within one working day after the classification hearing, the committee shall prepare a written report of classification action and deliver it to the superintendent. The superintendent shall approve or disapprove the report, or refer the matter back to the committee for further consideration, within two working days after receipt of the report. If the matter is referred back to the committee, the committee has four working days within which to review the matter. The prisoner shall immediately be released from administrative segregation unless the superintendent determines that the prisoner continues to meet the criteria for placement in administrative segregation under 22 AAC 05.485(a).

(c) Following the initial placement in administrative segregation maximum, a review of a prisoner's placement in administrative segregation maximum shall be completed every four months to determine the continued need for this placement.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 1/13/2012, Register 201

22 AAC 05.500 Incidents of segregation

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.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.505 Supervision of segregation

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 shall visit or otherwise be available to prisoners in segregation.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Article 8 Communications

22 AAC 05.510 Publications

(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 superintendent.

(b) A prisoner may purchase, subscribe to, and otherwise receive and read books, newspapers, periodicals, and pictorial materials, subject to inspection for contraband, except materials that are obscene, as defined in 22 AAC 05.660, or that could reasonably be expected to

(1) aid an escape;

(2) incite or encourage any form of violence or other criminal activity; or

(3) have an adverse impact on the rehabilitation of the prisoner possessing the material or other prisoners who have access to it.

(c) Reading or pictorial materials delivered or sent to a prisoner at a facility must normally be given to the prisoner within 24 hours, excluding weekends and holidays, unless prohibited in accordance with the criteria set out in (b) of this section. Prohibited materials may be held as evidence, and then either stored with the prisoner's personal property or sent at the prisoner's expense to an address designated by the prisoner. A copy of the prohibited reading or pictorial material must be kept by the facility for documentation under this section.

(d) If reading or pictorial material is not given to a prisoner under (c) of this section, the prisoner must be given written notice within 30 days setting out the reasons, and must be given a reasonable opportunity to challenge the decision by filing a grievance under 22 AAC 05.185.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.520 Mail

(a) A prisoner may send or receive mail through the United States Postal Service and, except as limited in this section, may correspond with anyone. The department may place limits on the amount of incoming and outgoing mail sent or received by a prisoner conducting apparent business activities. The department shall

(1) inspect and review all prisoner mail for contraband or other materials limited or prohibited by this section;

(2) destroy incoming or outgoing mail if the sender cannot be identified;

(3) return incoming mail to sender if recipient cannot be identified;

(4) deliver mail in such a manner as to ensure it is received by the intended recipient only;

(5) divide mail into the following categories:

(A) privileged mail;

(B) prisoner-to-prisoner mail;

(C) general mail; and

(6) forward all mail received for transferred or released prisoners for one year following the transfer or release.

(b) The department will inspect incoming mail subject to inspection under this section within 48 hours of receipt, excluding holidays and weekends. Outgoing mail will be collected from designated mailboxes at least once each weekday, excluding holidays.

(c) The department will designate as privileged under (a)(5)(A) of this section mail that is clearly marked as going to or coming from an individual or organization listed in this subsection. The department may open privileged mail in the presence of the prisoner and may search the mail for contraband only. The department will not read privileged mail for content but may scan the correspondence to verify it is subject to this subsection. The procedures of this subsection apply to any mail properly addressed to a bona fide individual or organization listed in this subsection, unless at the time of inspection it is determined not to be privileged mail. Except for official legal documents under (5), (8), (9), (10), (12), (13), and (14) of this subsection, the department may photocopy incoming privileged mail and destroy the original upon the prisoner's verification that no pages are missing from the copy. Photographs will be copied in color; all other documents in black and white. Mail to or from the following persons or organizations is privileged:

(1) governor of Alaska;

(2) attorney general of Alaska;

(3) members of the United States Congress for Alaska;

(4) Alaska legislators;

(5) any court in Alaska or of the United States;

(6) commissioner, Alaska Department of Corrections;

(7) chairman, Alaska Board of Parole;

(8) ombudsman for the State of Alaska;

(9) any attorney licensed to practice in the United States;

(10) physician of record for the prisoner;

(11) division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development;

(12) Alaska Human Rights Commission;

(13) any organization that assists persons in the exercise of their legal rights, such as the American Civil Liberties Union, National Prison Law Project, or Alaska Legal Services Corporation;

(14) Division of Elections, Office of the Governor;

(15) the grievance and facility standards administrator for the department;

(16) the Americans with Disabilities Act (ADA) coordinator in the state Department of Labor and Workforce Development, Division of Vocational Rehabilitation.

(d) The department may inspect for content any mail designated under (a)(5)(B) of this section. When prisoner-to-prisoner mail is read, the department will provide the receiving prisoner with a written notice stating that the mail was read due to its status as prisoner-to-prisoner mail, and that reading of future mail between those prisoners may occur without further notice. Mail between prisoners may be restricted on a case-by-case basis when restriction is required for an individual's safety or the security of an institution. Any restriction under this subsection must be no broader than necessary to address the safety or security concern.

(e) The department may open mail designated under (a)(5)(C) of this section out of the presence of the prisoner to

(1) search for contraband;

(2) inspect the content for any prohibited materials or any content that threatens an individual's safety or the security of the facility; and

(3) photocopy the envelope and contents; if the envelope and its contents are copied, the prisoner will receive only a black-and-white copy and the department shall store the originals in a secure location for seven working days before destroying them.

(f) Incoming and outgoing mail must meet the following requirements:

(1) except for mail received directly from an approved vendor, publisher, treatment facility, or health care provider, or marked as privileged mail, the department shall return mail, unopened, to the sender and notify the prisoner of the return if the mail is sent inside an envelope that:

(A) is not white;

(B) is larger than 9x12 inches;

(C) is not commercially produced;

(D) is made of cardboard, padded, corrugated, or tear-resistant material;

(E) is constructed of heavyweight paper or with a security screening feature;

(F) has an item, other than necessary postage, affixed with an adhesive, including an address label, sticker, or stamp, unless the item was affixed by the U.S. Postal Service; or

(G) has a drawing or marking other than an address;

(2) for outgoing mail, the prisoner shall use an envelope that meets the criteria in this subsection for incoming mail envelopes; the only writing or items permitted on the outgoing mail envelope are

(A) the prisoner's address, which consists of the prisoner's committed name, offender number, and return address;

(B) the addressee's name and address; and

(C) sufficient U.S. postage;

(3) except for mail received directly from an approved vendor, publisher, treatment facility, or health care provider, or marked as privileged mail all incoming mail must be on white paper or white lined paper; mail may not be written on heavy weight paper or construction paper;

(4) a prisoner may not receive more than ten photographs a day; photographs must

(A) not be greater than 4" x 6" in size;

(B) not have a magnetic or adhesive backing;

(C) come directly from a department-designated vendor; and

(D) not violate the content restrictions in this section;

(5) a prisoner may not send or receive digital, magnetic, or optical media or data storage devices, except a prisoner may send or receive media or data storage devices as part of privileged mail under (a)(5)(A) of this section; if a prisoner receives a privileged media or data storage device

(A) the department will send the privileged media or data storage device to prisoner property and provide the prisoner with a seizure notice of the media or data storage device annotating it was sent to prisoner property; and

(B) the prisoner shall formally request to access and view media or data contained in the storage device;

(6) subject to monthly deposit limits and excepting funds from governmental agencies, tribal entities, and businesses designated by the department, a prisoner may only receive monetary gifts sent on a cashier's check or money order through the U.S. Postal Service that contain the sender's name on the cashier's check or money order and the sender is on the prisoner's approved visitor list or a verified immediate family member; the department shall

(A) forward a money order or cashier's check to the Offender Trust Account for processing and deliver a receipt to the prisoner;

(B) dispose of anonymous donations and cash pursuant to 22 AAC 05.070;

(C) return monetary instruments that do not meet the department's requirements to the sender at the prisoner's expense and the intended prisoner recipient shall be notified of the rejection of mail, including the reasons;

(7) all non-indigent prisoners must pay the postage for outgoing mail; an indigent prisoner may mail, at the department's expense, up to five pieces of mail per week, weighing up to two pounds each, unless the prisoner has a special need to send additional mail that would be privileged, including for pending litigation; a prisoner may send mail certified or registered when required to serve a summons and complaint for a legal proceeding;

(8) a publication must adhere to the same requirements as established for incoming mail, including

(A) media that has an affixed parental advisory label indicating explicit content;

(B) electronic games; an electronic game that is rated adults only, mature, or otherwise labeled with descriptors indicating the inclusion of content is unacceptable as defined in (g) of this section.

(g) An inmate may not send or receive prohibited mail. The following mail is prohibited:

(1) incoming mail that

(A) does not have a return address that contains at least

(i) the sender's first initial and full last name; and

(ii) the sender's address;

(B) has unauthorized or insufficient postage;

(C) contains additional mail from outside the sender's immediate family;

(D) is taped, pasted, or otherwise joined to another item, unless taped by security staff;

(E) includes drawings or written content in a medium other than blue or black ink or graphite pencil;

(F) has glitter, stamps, stickers, or anything affixed to the paper with an adhesive;

(G) is a non-commercially produced or multi-fold greeting card, greeting card made of non-standard card stock paper, greeting card that has embellishments, or a greeting cards that exceeds 6x8 inches in size;

(H) contains lipstick or a foreign or unknown substance, including an unusual stain, body fluid, perfume, incense, or oil;

(I) is written with or contains, gel pen ink, crayon, marker, colored pencil, colored paper, correctional fluid or tape, paint, warped paper, or powder;

(J) contains sexually explicit material;

(K) contains a personal check or cash, or solicits gifts, money, credit, or a contractual purchase, except for contractual purchases for materials authorized under 22 AAC 05.510, without the approval of the commissioner or designee;

(L) contains any item designated as contraband;

(M) contains material that could reasonably be expected to aid an escape or incite or encourage any form of violence;

(N) contains a hard-bound book or leather-bound book, including a Bible;

(O) contains material prohibited under 22 AAC 05.510(b);

(P) contains tattoo information or a tattoo template;

(Q) contains a non-privileged electronic media storage device;

(R) is written on heavy weight paper or construction papers;

(2) outgoing mail that

(A) contains a plan or threat of physical harm against a person or other criminal activity;

(B) contains contraband, a plan for sending contraband into or out of the institution, or indicates another activity prohibited under 22 AAC 05.400;

(C) is in code and the contents of the mail cannot be understood by the reader;

(D) solicits gifts, money, credit, or a contractual purchases without prior approval of the department;

(E) purports to represent a business firm, or appears to be intended to conduct any type of business operation, unless authorized by the commissioner or designee;

(F) contains personal or financial information that presents a significant threat to the prisoner if the information is discovered by another prisoner, including a bank statement or bank card, social security card, or birth certificate unless authorized by the commissioner or designee; the department shall place a confidential document under this subparagraph in the prisoner's property and inform the prisoner of receipt;

(G) contains information that, if communicated, would create a risk of mental or physical harm to a person;

(H) contains material prohibited under 22 AAC 05.510(b);

(I) is unnecessarily written on state documents such as a Request for Interviews or Commissary Request Form or similar instrument;

(J) includes correspondence from any other prisoner inside an additional envelope or requests a recipient to forward correspondence beyond the immediate addressee; or

(K) is in violation of a court order.

(h) An attempt to send prohibited mail may subject the prisoner to disciplinary proceedings. Except as otherwise provided in this chapter, the department may inspect mail for content and refuse to deliver mail upon reasonable grounds to believe that the content is prohibited or threatens an individual's safety or the security of the facility. Mail that is deemed to pose a safety or security risk to the institution shall be photocopied before being disposed of and the department may place a copy of any material that is prohibited under this section in a prisoner's case record. Material from incoming or outgoing mail that is not prohibited under this section may not be placed in a prisoner's case record unless it has been lawfully observed by an employee of the department and is relevant to an assessment of the prisoner's facility adjustment or rehabilitative progress. The department will notify a prisoner within two working days after the placement of a copy of material from mail into the prisoner's record.

(i) The department will hold incoming mail containing unauthorized property or prohibited material as contraband. A prisoner has 15 days to arrange to have the material returned to the sender at the prisoner's expense or have the item or items destroyed. The department may dispose of any incoming mail containing unauthorized property or prohibited material 30 days after it is received under (b) of this section.

(j) If the department inspects mail for content or does not deliver incoming mail to a prisoner or send the outgoing mail from a prisoner,

(1) the department will, within two working days after receipt by the facility, send the prisoner and the addressee, except for a publisher of printed material, a written notice, signed by the superintendent, stating the reason why the mail was read, not delivered to the prisoner, or returned to the sender; and

(2) the prisoner may file a grievance under 22 AAC 05.185.

History

• Authority: AS 33.30.011; AS 33.30.021 AS 33.30.015; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 12/07/2025, Register 256

22 AAC 05.525 Access to media

(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 identity of a prisoner to be interviewed might be disclosed, or might be evident from the published version of an interview, the media representative must secure the written consent of the prisoner before the interview.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.530 Prisoner phone calls

(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 protect the public, facility staff members may monitor or record prisoner telephone calls and conversations on visitor intercommunication phones as long as a sign placed near the prisoner's extension advises the prisoner that the conversation is subject to monitoring or recording. A prisoner's call to an attorney may not be monitored unless authorized by a court.

(c) The superintendent may limit a prisoner's access to a telephone, except to call an attorney, if reasonable grounds exist to believe that the prisoner's use of a telephone threatens the security of the facility or the protection of the public. A prisoner who is classified maximum custody, or who is placed in punitive segregation or administrative segregation because the prisoner poses a threat to others or to the security of a correctional facility, may not have access to a telephone except (1) to communicate with an attorney, (2) to otherwise communicate as provided in 22 AAC 05.015, or (3) in an emergency as determined appropriate by the superintendent.

History

• Authority: AS 33.30.011; AS 33.30.231 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.540 Access to law library and law library materials

(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 assistance, and supplies for preparing legal pleadings.

(c) A facility may not impose restrictions on the use of law library materials, except for those interferences normally and routinely imposed by the requirements of the security and the daily schedule of the facility.

(d) A prisoner confined in segregation or in maximum security must be allowed access to law library materials, unless the superintendent or assistant superintendent determines that the prisoner presents a substantial threat to the security and order of the facility, or unless the prisoner is in punitive segregation. Facility staff may bring legal materials to the prisoner's cell, escort the prisoner to the law library, or make photocopies of legal materials and allow access by the prisoner. If a prisoner is not permitted to use law library materials in accordance with this subsection, the prisoner is entitled to have up to 10 legal briefs or law documents in that prisoner's cell at any one time.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 12/1/2006, Register 180

22 AAC 05.545 Access to attorneys

(a) Upon proof of identity, an attorney entitled to practice in the State of Alaska, whether generally or by permission of the court, may visit a prisoner regarding legal matters at any reasonable time during normal business hours, and at other times with the approval of the superintendent.

(b) An attorney, as described in (a) of this section, may visit a prisoner at any time of day or night within 24 hours after the prisoner's initial admission to the facility or upon the filing of new criminal charges, subject to 22 AAC 05.010.

(c) An agent employed by an attorney described in (a) of this section has the same right to access to prisoners as the attorney, unless the superintendent has reason to believe that the agent poses a threat to a security interest of the facility. The superintendent may require the attorney to specify in writing the identity of the agent and the identity of the prisoner to be interviewed.

(d) Upon a prisoner's request, writing materials must be furnished, as well as access to the services of a person authorized to administer oaths and take acknowledgments.

History

• Authority: AS 12.25.150; AS 33.30.021; AS 44.28.030 AS 33.30.011; AS 33.30.221
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.550 Religious activities

(a) The facility may provide chaplains to assist those prisoners who express an interest in religious beliefs and principles. Chaplains may provide individual or group counseling to prisoners. Facilities need not provide identical facilities or personnel to every religious group or sect, irrespective of size. Provision for places of worship and counseling with religious representatives must be responsive to the need, except that each prisoner must be afforded a reasonable opportunity to pursue his or her recognized faith.

(b) Participation in religious services conducted at the facility is voluntary.

(c) Religious activities may be proscribed or limited if the superintendent determines that restriction of the activity is justified in light of, and is reasonably related to, a substantial facility interest in maintaining security and discipline. Using these principles, the superintendent may regulate the following activities:

(1) participating in or assembling for religious services;

(2) receiving visits from ministers or religious representatives;

(3) abiding by the dietary laws of a religion; and

(4) wearing religious clothing, medallions, or other insignia.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Article 9 Discharge

22 AAC 05.580 Discharge clothing

Each facility must ensure that a prisoner is adequately clothed upon discharge. Climatic conditions must be taken into consideration. The commissioner will establish procedures for issue and return of discharge clothing. If not available from facility stocks, discharge clothing may be purchased from a local source.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.585 Transportation of prisoners upon release

(a) The department will bear the cost of transporting a prisoner to the place of arrest upon release, if the prisoner was admitted into a state facility. If a prisoner declines return transportation, or requests a destination different from the place of arrest, the prisoner must sign a written waiver. Transportation to an alternative site may be provided up to the actual cost of return transportation to the prisoner's place of arrest. This subsection applies only to prisoners who have been arrested, and not to persons taken into protective custody under AS 47.

(b) A prisoner released from custody who has never been admitted into a state facility in connection with the instant arrest or detention, or who has been admitted into a state facility under protective custody under AS 47, must contact the Department of Public Safety for return transportation to the place of arrest.

History

• Authority: AS 33.30.011; AS 33.30.081 AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.590 Discharge payments

Upon release of a prisoner, the department will not provide a discharge payment or gate money to the prisoner. Each prisoner is entitled to receive any work program compensation and prisoner fund account money due, by check or cash, at the time of release.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.595 Procedures upon government's failure to arraign

Facility staff members shall make reasonable efforts to contact the local prosecuting authority and the local court if it appears that a prisoner will not be brought before a judge or magistrate within 24 hours after arrest as required under AS 12.25.150. However, in no event may a prisoner be released solely because of the government's failure to arraign, unless ordered by a court.

History

• Authority: AS 12.25.150; AS 33.30.021 AS 33.30.011; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Article 10 General Provisions

22 AAC 05.600 Applicability

(a) Except as otherwise provided, this chapter applies only to facilities operated and managed by employees of the Department of Corrections.

(b) The commissioner will, in his or her discretion, upon notification that a facility emergency exists which endangers life or property, suspend the operation of this chapter for the facility affected only so long as the emergency exists and as necessary to resolve the emergency.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 9/10/77, Register 63; am 1/9/87, Register 101

22 AAC 05.610 Harmless error

Failure of a staff member to follow the regulations set out in this chapter does not invalidate a decision absent a showing of prejudice by the prisoner.

History

• Authority: AS 33.30.010; AS 33.30.021; AS 44.28.030
• Eff. 11/3/84, Register 92

22 AAC 05.615 Cost of imprisonment

(a) The purpose of this section is to set standards for determining and prescribing a uniform average cost of imprisonment under AS 28.35.030(1).

(b) Notwithstanding 22 AAC 05.600, this section applies to the cost of imprisonment in

(1) community residential centers under contract with the department;

(2) state correctional facilities operated and managed by the department; or

(3) local jails under contract with the state.

(c) In determining the uniform average cost of imprisonment under AS 28.35.030(1), the department will consider the following factors:

(1) the average statewide daily cost of imprisonment in community residential centers;

(2) the average statewide daily cost of imprisonment in state correctional facilities;

(3) the average statewide daily cost of imprisonment in local jails under contract with the state; and

(4) the average relative percentage of utilization of each type of placement for imprisonment sentenced for violations of AS 28.33.030(a), 28.33.031(b), AS 28.35.030(a), and 28.35.032(f).

(d) After consideration of the factors in (c) of this section, the department will prescribe a uniform average cost of imprisonment not to exceed $2,000 per person per conviction.

(e) The department prescribes the statewide uniform average cost of imprisonment under AS 28.35.030(1) as follows:

(1) for a person convicted of a first offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $330 in total;

(2) for a person convicted of a second offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $1,467 in total;

(3) for a person convicted of a third or subsequent offense under AS 28.33.030(a), 28.33.031(b), 28.35.030(a), or 28.35.032(f) - $2,000 in total for each conviction.

(f) In 2010 and at four-year intervals thereafter, the department will review and, as appropriate, revise the costs established in this section.

History

• Authority: AS 28.35.030; AS 33.30.031 AS 33.30.011; AS 44.28.030
• Eff. 2/26/94, Register 129; am 12/1/2006, Register 180

22 AAC 05.620 Prisoner responsibilities for electronic monitoring services

(a) Except as provided in (b) and (h) of this section, the department will assess a prisoner who is designated to serve a term of imprisonment or period of temporary confinement, or a part of the term or period, by electronic monitoring a fee of $12 per day to pay the costs of the monitoring.

(b) A prisoner who believes that making full payment for electronic monitoring would cause undue hardship may request the prisoner's probation officer to make a determination of undue hardship. The prisoner, subject to the penalties for unsworn falsification under AS 11.56.210, shall certify on a form provided by the department, that full payment would cause undue hardship and state what amount, if any, the prisoner can pay. The prisoner's probation officer shall determine in writing whether undue hardship exists and the amount the prisoner must pay, after considering the factors set out in (c) of this section. If requested to do so by the prisoner's probation officer, a prisoner shall submit copies of income tax records and other records needed to substantiate information provided by the prisoner and shall sign a release authorizing the department to obtain such records.

(c) The prisoner's probation officer shall make a determination that undue hardship exists if, after considering the prisoner's income, property owned, other assets, and outstanding obligations, the number and ages of the prisoner's dependents, and similar factors, the probation officer determines that the prisoner is unable financially to provide for the basic needs, including food, shelter, utilities, and health care, of the prisoner and the prisoner's dependents.

(d) A prisoner whom the department determines must make full payment to participate in electronic monitoring may request a determination of undue hardship from the prisoner's probation officer if the prisoner subsequently has a significant change in circumstances that affects the prisoner's ability to make full payment.

(e) If the prisoner pays less than full payment for electronic monitoring or requests a determination of undue hardship based on a significant change of circumstances, the prisoner shall report on a weekly basis to the prisoner's probation officer any significant changes in circumstances that occur in the prisoner's ability to make full or partial payment.

(f) A prisoner who disagrees with a probation officer's determination under (b) of this section as to undue hardship or the amount of payment may appeal the probation officer's determination to the deputy commissioner by submitting a written appeal through the prisoner's probation officer within five days of receipt of the determination. The notice of appeal must be submitted on a form provided with the determination, and must contain a statement of the reasons upon which the appeal is based. The deputy commissioner shall respond to the appeal within 15 working days of receipt. Failure of the deputy commissioner to respond within 15 working days must be considered a denial of the appeal. However, a late response granting an appeal is valid. The deputy commissioner's decision is the final administrative action.

(g) Except as provided in (h) of this section, a prisoner who is required to pay less than full payment for electronic monitoring shall pay the department the difference between the amount of full payment and the amount the prisoner was required to pay, if the department subsequently determines that full payment would not have caused undue hardship for the prisoner. The department will base its determination upon the discovery of

(1) additional information about the prisoner's financial circumstances;

(2) fraud, misrepresentation or other misconduct by a person who provided information relating to the initial determination of undue hardship; or

(3) a clerical or mathematical mistake arising from an oversight or omission by the department.

(h) The department will, in its discretion, require a prisoner on electronic monitoring to use an alcohol breath monitor as a component of electronic monitoring. Full payment for a prisoner who is required to use an alcohol breath monitor as a component of electronic monitoring is $14 per day.

(i) In this section, unless the context requires otherwise, "dependent" has the meaning set out at 26 U.S.C. 152 (Internal Revenue Code), revised as of February 25, 1999, and adopted by reference.

History

• Authority: AS 33.30.065
• Eff. 4/2/99, Register 149

22 AAC 05.660 Definitions

(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.

(42) "sexually explicit material" means a publication, drawing, photograph, film, negative, motion pictures, figure, object, novelty device, recording, transcription, or any book, leaflet, catalog, pamphlet, magazine booklet or other item, the cover or contents of which

(A) pictorially depicts nudity of any gender; including

(i) frontal nudity that depicts the genitalia of any gender or a female breast, nipple, or areola, whether unclothed or visible through clothing; and

(ii) rear nudity that depicts the buttocks or anus of any gender, whether unclothed or visible through clothing; or

(B) graphically depicts through text any sexually explicit, homosexual, heterosexual, or auto-erotic sex acts including

(i) fellation;

(ii) cunnilingus;

(iii) masturbation;

(iv) sadism or sadomasochism;

(v) bondage;

(vi) bestiality;

(vii) excretory functions; or

(viii) sexual activity involving children, an unwilling participant, or a participant who is the subject of coercion.

(b) In this chapter, and in AS 11.56.390, with respect to a correctional facility as defined in AS 11, "contraband" means any of the following items that have not been specifically approved, authorized, or prescribed by the proper authorities for a prisoner to obtain, make, or possess:

(1) weapons, including firearms, explosives, knives, hacksaw blades, tear gas, dangerous chemical agents, or any tool or other object that may be used as a weapon, from which a weapon may be fashioned, or that is intended to be perceived as a weapon;

(2) controlled substances, the possession of which is punishable by either criminal or civil penalties, and any other type of medication;

(3) alcohol, including wine, distilled spirits, home brew, and any other type of alcoholic substance;

(4) cameras, sound or video recorders, or any electronic or mechanical receiving or transmitting equipment;

(5) any article, including keys, tools, electronic or mechanical devices, and identification information, intended to be used as a means of facilitating an escape; and

(6) any other article, including money, toiletries, books, food, mail, and pictures, that is introduced, taken, or conveyed into a facility, or made, obtained, or possessed in a facility in a manner intended to frustrate or evade detection.

(c) In this chapter and in AS 33.30,

(1) "family" means any person or group of persons having the relationship to a prisoner of spouse, father, mother, sister, brother, son, daughter; step-relationship to those relationships; or a person having an immediate-family relationship with the prisoner during formative years;

(2) "furlough" means the authorized absence of a prisoner from a facility for a designated purpose and period of time.

History

• Authority: AS 01.10.080; AS 33.30.011; AS 44.28.030 AS 11.56.390; AS 33.30.021 AS 33.20.050; AS 33.30.901
• Eff. 9/10/77, Register 63; am 8/30/80, Register 75; am 11/3/84, Register 92; am 1/9/87, Register 101; am 11/13/99, Register 152; am 1/13/2012, Register 201; am 12/07/2025, Register 256

Chapter 10 Community Corrections

Article 1 Probation

22 AAC 10.050 Probation fee

(a) Except as provided in (d) and (e) of this section, a person placed on probation by a court who has, as a condition of probation, the payment of a periodic probation fee, shall pay to the department a monthly fee as directed by the probation officer.

(b) The probation fee amount is $45 a month for each calendar month that the person is under probation supervision. The commissioner will establish the payment form and collection procedures to be used by community corrections for the collection and disbursement of the fee required under this section.

(c) A probationer may make the probation fee payment, or a portion of the payment, by assignment of his or her permanent fund dividend received under AS 43.23.005. A probationer selecting this form of payment must be provided a form and assisted in the procedure to accomplish the action through the Department of Revenue. The regional administrator of probation may attach the permanent fund dividend of a prisoner who is in arrears on the probation fee.

(d) The regional administrator of probation may temporarily defer, excuse, or authorize an alternate form of probation fee payment in a form and by procedures established by the commissioner if justified by a probationer's verified inability to pay.

(e) Only supervised probation requires the payment of a probation fee. A person granted probation by a court which is not supervised by the department is not required to make probation fee payments.

History

• Authority: AS 12.55.105; AS 44.28.030
• Eff. 1/9/87, Register 101

Article 2 General Provisions

22 AAC 10.900 Definitions

In this chapter, unless the context required otherwise,

(1) "commissioner" means the commissioner of the Alaska Department of Corrections, or employee of the department designated by the commissioner to carry out an official function of the commissioner;

(2) "community corrections" means the operational unit of the department which is responsible for the supervision of persons on probation, parole, mandatory parole, or conditional commutation release, and which conducts presentence investigations for the court;

(3) "department" means the Alaska Department of Corrections;

(4) "deputy commissioner" means the deputy commissioner for administration of the Department of Corrections, or an employee of the department designated by the commissioner or deputy commissioner for administration to carry out any official function of the deputy commissioner;

(5) "probation officer" means the assigned community corrections employee who is responsible for all supervision activities involving or relevant to an individual who is on probation; "probation officer" also means an officer of the court and presentence investigator for the superior court;

(6) "regional administrator" means the senior manager for community corrections operations in each department administrative region of the state - northern, southcentral, and southeast region, or an employee of the department designated by the commissioner, deputy commissioner, regional director, or the regional administrator to carry out an official function of the regional administrator.

History

• Authority: AS 44.28.030
• Eff. 1/9/87, Register 101

Chapter 15 Breath Alcohol Ignition Interlock Devices Program

22 AAC 15.010 Application requirements

(a) A manufacturer wishing to obtain or renew certification of a breath alcohol ignition interlock device under AS 33.05.020 shall submit to the department

(1) a completed application on a form provided or in a format specified by the department;

(2) the fees required by 22 AAC 15.015(a)(1) or (a)(2);

(3) documentation that the manufacturer has met the requirements of AS 33.05.020 and this chapter, including submission of a notarized statement from an appropriate testing laboratory that at least two devices were tested and each was found to meet or exceed the standards and specifications for the devices set by AS 33.05.020 and 22 AAC 15.030;

(4) a list of authorized installers and their addresses in this state who are qualified to install, calibrate, maintain, and remove the device for which certification is requested; and

(5) a sworn statement that the manufacturer agrees to indemnify, hold harmless, and defend the State of Alaska, its officers, agents, and employees for all liability, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property, arising directly or indirectly as a result of any error, omission, design defect, or negligent act of the manufacturer or the manufacturer's employees, contractors, licensees, franchises, or authorized installers concerning the manufacturer's device and its installation, calibration, maintenance, and removal.

(b) The application form, fees, and other materials required by (a) of this section must be on file with the department before the application will be reviewed by the department.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.015 Fees

(a) The following fees are established for the breath alcohol ignition interlock devices program:

(1) application fee for initial certification of a device, $1,000;

(2) application fee for renewal of certification of a device, $500.

(b) The fees established in this section are nonrefundable.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.020 Current information

(a) A manufacturer whose device is certified under this chapter shall maintain a current, valid mailing address on file with the department at all times.

(b) The manufacturer shall notify the department with 10 days of any changes to its list of authorized installers provided under 22 AAC 15.010 or 22 AAC 15.035.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.025 Term of certification

The term of a certification of a device under this chapter is one year. The manufacturer may apply for renewal of a certification by complying with the requirements of 22 AAC 15.010 and 22 AAC 15.035.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.030 Standards for certification of devices

(a) For a manufacturer to receive certification of a device under this chapter, the standards in this section must be met.

(b) The device must meet or exceed standards set by the National Highway Traffic Safety Administration's model specifications adopted by reference in this chapter and set out in the Federal Register, Volume 57, Number 67, April 7, 1992, National Highway Traffic Safety Administration's [Docket No. 91-07, Notice No. 2], "Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)," pp. 11772 - 11787. The device must also be capable of being preset by the manufacturer's authorized installer to prevent ignition when the breath alcohol in the breath sample is above .025 percent concentration. The device must be designed to prevent an adjustment not authorized by the manufacturer's installation or maintenance standards. The manufacturer shall certify the device to operate reliably for the geographic area for which the device is to be used when the device is prewarmed according to the manufacturer's instructions for operation below the stated operating temperature range stated on the label described in (c) of this section.

(c) The device must prominently display a label containing the following information:

(1) the warning set out in AS 33.05.020(e);

(2) the temperature range within which the device is operable without the need for prewarming or other special steps being taken;

(3) instructions for prewarming the device or otherwise making the device functional in temperatures below the temperature range specified in (2) of this subsection;

(4) the warning that the failure to follow prewarming instructions for the device in extreme cold weather conditions may make the vehicle inoperable and that the vehicle with such a device should not be relied upon as a survival tool in such conditions.

(d) The manufacturer shall have authorized installers in this state who the manufacturer determines are qualified to install, calibrate, maintain, and remove the manufacturer's device in this state according to the standards set out in this chapter.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140; am 7/25/2010, Register 195

22 AAC 15.032 Modifications of device

If, during the term of the certification, the manufacturer modifies the device that is certified under this chapter, the manufacturer shall immediately notify the department in writing about the modification and request a determination from the department whether a new certification must be obtained. In making the determination, the department will, in its discretion, require the manufacturer to submit a notarized statement from an appropriate testing laboratory that at least two of the modified devices were tested and each was found to meet or exceed the standards and specifications for the devices set by AS 33.05.020 and 22 AAC 15.030.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.035 Requirements for renewal

(a) For a manufacturer to receive renewal of a certification of a device under this chapter, the standards in 22 AAC 15.030 and (b) of this section must be met.

(b) The department will issue a renewal of a certification only if the department finds that the

(1) device has performed satisfactorily in this state;

(2) manufacturer has provided a list of authorized installers and their addresses in this state who are qualified to install, calibrate, maintain, and remove the device; and

(3) manufacturer has substantially met all requirements under this chapter.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.040 Standards for installation

(a) A device certified under this chapter shall be installed only by the manufacturer's authorized installer in accordance with the manufacturer's instructions. A device installed may not be removed before the date authorized by the court.

(b) An installation record must be maintained and include the

(1) name, address, and telephone number of the persons requesting the installation;

(2) name and address of the registered owner of the motor vehicle;

(3) year, make, model, vehicle identification number, and license plate number of the vehicle in which the device is installed;

(4) manufacturer, model name, and number of the device installed;

(5) name of the manufacturer's authorized installer performing the installation; and

(6) date of the installation.

(c) A copy of the installation records must be made available, upon request, to the department, the court, and the person requesting the installation.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.045 Standards for calibration, maintenance, and monitoring

(a) A device certified under this chapter shall be examined by a manufacturer's authorized installer for correct calibration and evidence of tampering or removal every 90 days, or more often if ordered by the court.

(b) A calibration, maintenance, and monitoring record must be maintained and include

(1) the results of the examination;

(2) the adjustment, if any, that was made in the necessary calibration;

(3) documentation of evidence of any tampering with, or attempts to circumvent or remove, the device;

(4) other information required by a court order; and

(5) the name of the manufacturer's authorized installer performing the examination and maintenance.

(c) A copy of the calibration, maintenance, and monitoring records must be retained by the manufacturer's authorized installer for at least three years and made available, upon request, to the

(1) department;

(2) division of motor vehicles in the Department of Administration;

(3) division of behavioral health in the Department of Health and Social Services;

(4) Department of Public Safety;

(5) prosecuting authority;

(6) law enforcement agency; and

(7) court.

(d) If, upon examination, a manufacturer's authorized installer finds evidence that a device has been tampered with or there has been an attempt to remove the device or circumvent the intended purpose of the device, the authorized installer shall within 72 hours of making the finding report that finding to the

(1) department;

(2) division of motor vehicles in the Department of Administration;

(3) prosecuting authority;

(4) law enforcement agency; and

(5) court.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140; am 7/25/2010, Register 195

22 AAC 15.050 Suspension and revocation

(a) The department will, in its discretion, revoke a certification or renewal of a certification, if the department finds

(1) fraud, deceit, misrepresentation, or omission of a significant fact in obtaining certification or renewal of a certification;

(2) that the manufacturer failed to satisfactorily meet the requirements of this chapter, including maintaining a list of authorized installers in this state;

(3) that the device failed to perform satisfactorily and safely in this state; or

(4) that the manufacturer is no longer in business.

(b) Except as provided in (c) of this section, if a revocation is issued under this section, the department will notify the manufacturer of its intent to revoke the certification and give the manufacturer an opportunity to respond.

(c) If the defect presents an immediate risk to the public's health or safety, the department will, in its discretion, immediately suspend the manufacturer's certification or renewal of a certification for a period of up to 10 days. The department will immediately notify the manufacturer, provide an opportunity for the manufacturer to respond, and take steps under (a) and (b) of this section to revoke the certification, if appropriate.

(d) The manufacturer may appeal to the commissioner any adverse decision within 30 days after receipt of the decision. The commissioner will provide the manufacturer an opportunity to provide information relevant to the appeal. The commissioner will issue a written decision within 45 days after receipt of the appeal. A manufacturer may appeal the commissioner's decision to the superior court under court rules for appeals from the decisions of administrative agencies.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.055 Notification of actions

The department will notify the manufacturer in writing of the department's action on an application for certification or revocation proceedings under this chapter. The department will forward a copy of the notification to the administrative director for the Alaska Court System and to the commissioner of the Department of Public Safety.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

22 AAC 15.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "authorized installer" means a person authorized by the manufacturer of a device to be properly trained in the installation, calibration, maintenance, and removal of the device;

(2) "commissioner" means the commissioner of the department;

(3) "department" means the Department of Corrections;

(4) "device" means breath alcohol ignition interlock device.

History

• Authority: AS 33.05.020
• Eff. 11/7/96, Register 140

Chapter 20 Alaska Board of Parole

Article 1 Eligibility for Discretionary Parole

22 AAC 20.005 Eligibility generally

(a) A sentenced prisoner who is serving a minimum term of at least 181 days, and who meets the requirements of 22 AAC 20.010 - 22 AAC 20.080, is eligible for discretionary parole.

(b) If a prisoner has more than one sentence, the prisoner is eligible for discretionary parole when eligibility has been reached on all sentences.

(c) In calculating when a sentence has been served on a non-parole-eligible sentence, that sentence is considered served the date the sentence is due to expire less good time credited under AS 33.20.010.

(d) When calculating parole eligibility on multiple sentences where one or more sentences are parole-eligible and one or more sentences are non-parole-eligible, the prisoner must first serve the non-eligible sentences. Then the prisoner must serve the necessary time to reach eligibility on the parole-eligible sentences.

History

• Authority: AS 12.55.115; AS 33.16.010; AS 33.16.090 AS 12.55.125; AS 33.16.060
• Eff. 1/30/91, Register 117

22 AAC 20.010 Eligibility on suspended imposition of sentence

(a) Except as provided in 22 AAC 20.080, a prisoner sentenced to a term of imprisonment as a condition of a suspended imposition of sentence is eligible for discretionary parole if the prisoner's term exceeds one year, unless earlier eligibility is specified in the order of suspended imposition of sentence.

(b) If earlier eligibility is specified in the order of suspended imposition of sentence, a prisoner sentenced to a term of imprisonment of one year or less must meet the requirements of 22 AAC 20.005 to be eligible for discretionary parole.

History

• Authority: AS 12.55.086; AS 33.16.060; AS 33.16.090
• Eff. 1/30/91, Register 117

22 AAC 20.015 Group A eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 4/18/2025, Register 254

22 AAC 20.017 Parole eligibility for felony sentences

(a) Under former AS 33.15.180, former AS 33.15.230, and former AS 33.15.240, a prisoner who committed a felony before May 16, 1974, is eligible for discretionary parole at any time, subject to 22 AAC 20.080.

(b) Under former AS 33.15.080, former AS 33.15.180, and former AS 33.15.230, a prisoner who committed a felony after May 15, 197 4 but before January 1, 1980, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) a prisoner sentenced to a term of imprisonment other than for life is eligible for discretionary parole after serving one-third of the term of imprisonment;

(2) a prisoner sentenced to a term of life is eligible for discretionary parole after serving 15 years of imprisonment.

(c) Under AS 12.55.125, former AS 33.15.080, and former AS 33.15.180, a prisoner who committed a felony after December 31, 1979 but before October 1, 1982, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole after serving 20 years of imprisonment or one-third of the term of imprisonment, whichever is greater;

(2) a prisoner sentenced for murder in the second degree is eligible for discretionary parole after serving five years of imprisonment or one-third of the term of imprisonment, whichever is greater;

(3) a prisoner sentenced for the unclassified felony of kidnapping under AS 11.41.300 is eligible for discretionary parole after serving five years of imprisonment or one-third of the term of imprisonment, whichever is greater; a prisoner sentenced for the class A felony of kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (4) and (5) of this subsection;

(4) a prisoner sentenced for a class A felony, class B felony, or class C felony to a non-presumptive term is eligible for discretionary parole after serving one-third of the term of imprisonment;

(5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) - (3), (d)(1) and (2), or (e)(1) and (2) is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

(d) Under AS 12.55.125, former AS 33.15.080, and former AS 33.15.180, a prisoner who committed a felony after September 30, 1982 but before January 1, 1986, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole as set out in (c)(1) of this section;

(2) a prisoner sentenced for murder in the second degree is eligible for discretionary parole as set out in (c)(2) of this section;

(3) a prisoner sentenced for kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (c)(3) - (5) of this section;

(4) a prisoner sentenced for a class B felony or a class C felony to a non-presumptive term is eligible for discretionary parole as set out in (c)(4) of this section;

(5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) - (4), (d)(1) - (3), (e)(1) - (3), or (i)(1) - (4) is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

(e) A prisoner who committed a felony after December 31, 1985 but before September 13, 1987, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) a prisoner sentenced for murder in the first degree is eligible for discretionary parole as set out in (c)(1) of this section;

(2) a prisoner sentenced for murder in the second degree or misconduct involving a controlled substance in the first degree is eligible for discretionary parole as set out in (c)(2) of this section;

(3) a prisoner sentenced for kidnapping under AS 11.41.300 is eligible for discretionary parole as set out in (c)(3) - (5) of this section;

(4) a prisoner sentenced for a class B felony or a class C felony to a non-presumptive term is eligible for discretionary parole after serving one-fourth of the term of imprisonment;

(5) a prisoner sentenced to a presumptive term under AS 12.55.125(c)(1) -(4), (d)(1) - (3), (e)(1) - (3), or (i)(1) - (4) is eligible for discretionary parole as set out in 22 AAC 20.055 and 22 AAC 20.070; if the prisoner is eligible for discretionary parole under 22 AAC 20.055 or 22 AAC 20.070, the prisoner shall serve one-fourth of the term of imprisonment on the eligible sentence or eligible portion of the sentence.

(f) A prisoner who committed a felony after September 12, 1987 but before March 22, 2005, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a), (b), (c), or (i) is eligible for discretionary parole after serving the greatest of

(A) the mandatory minimum term under AS 12.55.125(a), (b), (c), or (i);

(B) the presumptive term less good time credited under AS 33.20.010;

(C) at least one-third of the period of confinement imposed; or

(D) any minimum term set under AS 12.55.115 at sentencing;

(2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;

(3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;

(4) a prisoner sentenced for a class B or class C felony to a non-presumptive term is eligible for discretionary parole as set out in (e)(4) of this section;

(5) a prisoner sentenced to a presumptive term for a class B or a class C felony is not eligible for discretionary parole except as set out in 22 AAC 20.050, 22 AAC 20.055, and 22 AAC 20.070.

(g) A prisoner who committed a felony after March 21, 2005 but before January 1, 2017, and was sentenced before January 1, 2017 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving the greatest of

(A) the mandatory minimum term under AS 12.55.125(a) or (b);

(B) at least one-third of the active term of imprisonment imposed; or

(C) any minimum term set under AS 12.55.115 at sentencing;

(2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;

(3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;

(4) a prisoner sentenced within or below a presumptive range under AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) is not eligible for discretionary parole except as set out in

(A) 22 AAC 20.050 if sentenced by a three-judge panel;

(B) 22 AAC 20.055 if the term is an aggravated presumptive term; or

(C) 22 AAC 20.070 if the term is a consecutive presumptive term;

(5) a prisoner sentenced under AS 12.55.125(d)(1) for a first felony conviction that is a class B felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed;

(6) a prisoner sentenced under AS 12.55.125(e)(1) for a first felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed;

(7) a prisoner sentenced under AS 12.55.125(e)(2) for a second felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed.

(h) A prisoner who committed a felony before July 9, 2019 and was sentenced after December 31, 2016 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving the greatest of

(A) the mandatory minimum term under AS 12.55.125(a) or (b);

(B) at least one-third of the active term of imprisonment imposed; or

(C) any minimum term set under AS 12.55.115 at sentencing;

(2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;

(3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(/) is not eligible for discretionary parole during the entire term;

(4) a prisoner sentenced within or below a presumptive range under AS 12.55.125(i)(1) and (2) is not eligible for discretionary parole except as set out in

(A) 22 AAC 20.050 if sentenced by a three-judge panel;

(B) 22 AAC 20.055 if the term is an aggravated presumptive term; or

(C) 22 AAC 20.070 if the term is a consecutive presumptive term;

(5) a prisoner sentenced for a term under AS 12.55.125(i)(3) and (4) is eligible for discretionary parole after serving one-half of the active term of imprisonment imposed after a deduction for the good time earned under AS 33.20.010;

(6) a prisoner sentenced for a term under AS 12.55.125(c), (d), or (e) is eligible after serving one-fourth of the active term of imprisonment imposed.

(i) A prisoner who committed a felony after July 8, 2019 is eligible for discretionary parole as follows, subject to 22 AAC 20.080:

(1) except as provided in (2) and (3) of this subsection, a prisoner sentenced for a term under AS 12.55.125(a) or (b) is eligible for discretionary parole after serving or

(A) for a conviction under AS 11.41.100 or 11.41.110, the greatest of

(i) the mandatory minimum term under AS 12.55.125(a) or (b);

(ii) at least two-thirds of the active term of imprisonment imposed;

(iii) any minimum term set under AS 12.55.115 at sentencing; or

(B) for a conviction not listed under (A) of this paragraph, the greatest of

(i) the mandatory minimum term under AS 12.55.125(a) or (b);

(ii) at least one-half of the active term of imprisonment imposed; or

(iii) any minimum term set under AS 12.55.115 at sentencing;

(2) a prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) is not eligible for discretionary parole during the entire term;

(3) a prisoner who committed a felony after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term;

(4) a prisoner sentenced under AS 12.55.125(i) and ineligible for a statutory good time deduction under AS 33.20.01 0(a)(3) is not eligible for discretionary parole during the entire term except as set out in 22 AAC 20.050 if sentenced by a three-judge panel;

(5) a prisoner sentenced under AS 12.55.125(d) for a conviction under AS 11.71.030(a)(2) or (9) is eligible for discretionary parole after serving one-half of the term of imprisonment;

(6) except as provided in (4) of this subsection, a prisoner sentenced within or below a presumptive range under AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) is not eligible for discretionary parole except as set out in

(A) 22 AAC 20.050 if sentenced by a three-judge panel;

(B) 22 AAC 20.055 if the term is an aggravated presumptive term; or

(C) 22 AAC 20.070 if the term is a consecutive presumptive term;

(7) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(d)(1) for a first felony conviction that is a class B felony is eligible for discretionary parole after serving one fourth of the active term of imprisonment imposed;

(8) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(e)(1) for a first felony conviction that is a class C felony is eligible for discretionary parole after serving one fourth of the active term of imprisonment imposed;

(9) except as provided in (5) of this subsection, a prisoner sentenced under AS 12.55.125(e)(2) for a second felony conviction that is a class C felony is eligible for discretionary parole after serving one-fourth of the active term of imprisonment imposed.

History

• Authority: AS 01.10.100; AS 33.16.060; AS 33.16.090
• Eff. 4/18/2025, Register 254

22 AAC 20.020 Group B eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 4/18/2025, Register 254

22 AAC 20.023 Geriatric parole eligibility

Publisher printed heading: 20 AAC 20.023. Geriatric parole eligibility.

A prisoner who is eligible for parole under AS 33.16.090(a)(2) may be considered for geriatric parole. Geriatric parole eligibility is not subject to 22 AAC 20.080. A prisoner who is eligible for geriatric parole may also be separately eligible for discretionary parole under 22 AAC 20.017. If a prisoner is eligible for both geriatric and discretionary parole, the board may consider the eligible prisoner for each parole type. If the board denies one parole type, the prisoner may still be considered for the other parole type.

History

• Authority: AS 01.10.100; AS 12.55.125; AS 33.16.100 AS 11.41.300; AS 33.16.060 AS 12.55.115; AS 33.16.090
• Eff. 4/18/2025, Register 254

22 AAC 20.025 Group C eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 4/18/2025, Register 254

22 AAC 20.030 Group D eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 4/18/2025, Register 254

22 AAC 20.035 Group E eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 4/18/2025, Register 254

22 AAC 20.040 Group F eligibility

Repealed.

History

• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; repealed 4/18/2025, Register 254

22 AAC 20.045 Eligibility on misdemeanor sentences

(a) Under former AS 33.15.080, a prisoner who committed a misdemeanor before January 1, 1986, is eligible for discretionary parole after serving one-third of the term of imprisonment, subject to 22 AAC 20.005, 22 AAC 20.010, and 22 AAC 20.080.

(b) Under AS 33.16.100, a prisoner who committed a misdemeanor on or after January 1, 1986 is eligible for discretionary parole after serving one-fourth of the term of imprisonment, subject to 22 AAC 20.005, 22 AAC 20.010, and 22 AAC 20.080.

History

• Authority: AS 01.10.100; AS 12.55.115; AS 33.16.090 AS 12.55.086; AS 33.16.010; AS 33.16.100
• Eff. 1/30/91, Register 117

22 AAC 20.050 Eligibility on sentence by a three-judge panel

(a) Except as provided in (b) of this section, a prisoner who was sentenced by a three-judge panel under AS 12.55.175 may be eligible for discretionary and geriatric parole as set under 22 AAC 20.017 and 22 AAC 20.023, subject to 22 AAC 20.005, 22 AAC 20.010, and 22 AAC 20.080.

(b) Notwithstanding (a) of this section, a three-judge panel may grant discretionary parole

eligibility to a prisoner who was sentenced within or below a presumptive term of imprisonment as follows, subject to AS 12.55.115, 22 AAC 20.005, 22 AAC 20.010, and 22 AAC 20.080:

(1) an eligible prisoner who committed an offense before January 1, 1986 is eligible for discretionary parole under former AS 33.15.080 after serving one-third of the term of imprisonment;

(2) an eligible prisoner who committed an offense after December 31, 1985 but before September 13, 1987 is eligible for discretionary parole after serving one-fourth of the term of imprisonment;

(3) an eligible prisoner who committed an offense after September 12, 1987 but before July 1, 1992 and was sentenced to

(A) an unclassified felony or a Class A felony is eligible for discretionary parole after serving the greatest of the following:

(i) one-third of the term of imprisonment;

(ii) the mandatory minimum term under AS 12.55.125(a), (b), (c),or (i);

(iii) the presumptive term less good time credited under AS 33.20.010; or

(B) a class B felony or class C felony is eligible for discretionary parole after serving one-fourth the term of imprisonment;

(4) an eligible prisoner who committed an offense after June 30, 1992 may be eligible for discretionary parole during the second half of the term of imprisonment once all rehabilitative programs ordered by the three-judge panel under AS 12.55.175(e)(2) have been completed, subject to 22 AAC 20.080;

(5) notwithstanding (4) of this subsection, a prisoner who committed an offense after June 26, 1996 and was sentenced to a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term of imprisonment.

History

• Authority: AS 33.16.010; AS 33.16.090 AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 4/18/2025, Register 254

22 AAC 20.055 Aggravated presumptive sentence

(a) A prisoner who committed a felony before January 1, 1986 and was sentenced to an aggravated presumptive term under AS 12.55.155(c) is eligible for discretionary parole after serving the unaggravated portion of the sentence (the time equal to the presumptive term less good time credited under AS 33.20.010) or one-third of the term of imprisonment, whichever is greater, subject to 22 AAC 20.080.

(b) Except as provided in 22 AAC 20.017(f)(1) and (3), a prisoner who committed a felony after December 31, 1985, was sentenced before January 1, 2017, and was sentenced to an aggravated presumptive term under AS 12.55.155(c) is eligible for discretionary parole, subject to 22 AAC 20.080. To be eligible, a prisoner shall serve

(1) the unaggravated portion of the sentence; and

(2) one-fourth of the aggravated portion of the sentence.

(c) A prisoner who committed an offense before July 9, 2019, was sentenced after December 31, 2016, and was sentenced to an aggravated presumptive sentence under

(1) AS 12.55.125(c), (d), or (e) is eligible for discretionary parole as set out in 22 AAC 20.017(h)(6);

(2) AS 12.55.125(i)(3) or (4) is eligible for discretionary parole as set out in 22 AAC 20.017(h)(5); or

(3) AS 12.55.125(i)(1) or (2) is eligible after serving

(A) the unaggravated portion of the sentence; and

(B) one-fourth of the aggravated portion of the sentence.

(d) Except as provided in 22 AAC 20.017(i)(4) or (5), a prisoner who committed an offense after July 8, 2019 and was sentenced to an aggravated presumptive sentence shall serve

(1) the unaggravated portion of the sentence; and

(2) one-fourth of the aggravated portion of the sentence.

(e) For purposes of this section,

(1) "aggravated portion of the sentence" means the portion that has been imposed in addition to the presumptive term or upper end of the presumptive range of the sentence, due to aggravators found by the court under AS 12.55.155(c);

(2) "unaggravated portion of the sentence" means the time equal to the presumptive term or upper end of the presumptive range of the sentence, less good time credited under AS 33.20.010.

History

• Authority: AS 33.16.060; AS 33.16.090; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 4/18/2025, Register 254

22 AAC 20.060 Mitigated presumptive sentence

A prisoner sentenced to a mitigated presumptive term under AS 12.55.155(d) is not eligible for discretionary parole.

History

• Authority: AS 12.55.125; AS 33.16.090 AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117

22 AAC 20.065 Concurrent sentences

(a) A prisoner is eligible for discretionary parole on concurrent sentences when the prisoner has reached eligibility on all sentences. The most distant eligibility date is the official parole eligibility date.

(b) If a prisoner is sentenced to concurrent sentences, one of which is less than 181 days or otherwise ineligible for discretionary parole under AS 33.16.090, the prisoner is eligible for discretionary parole when

(1) the parole-ineligible sentence has been served less good time credited under AS 33.20.010; and

(2) the prisoner has reached parole eligibility on the parole-eligible sentence as set out in this chapter.

History

• Authority: AS 33.16.010; AS 33.16.090 AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 4/18/2025, Register 254

22 AAC 20.070 Consecutive sentences

(a) Discretionary parole eligibility for consecutive sentences is computed by adding the sum of each parole eligibility period. A prisoner is eligible for discretionary parole when the prisoner has reached eligibility on all sentences.

(b) If a prisoner is sentenced to consecutive sentences, one of which is less than 181 days or otherwise ineligible for discretionary parole under AS 33.16.090, the prisoner is eligible for discretionary parole when

(1) the parole-ineligible sentence has been served less good time credited under AS 33.20.010; and

(2) the prisoner has reached parole-eligibility on the parole-eligible sentence as set out in this chapter.

(c) If a prisoner is sentenced to consecutive presumptive terms or partially consecutive presumptive terms, discretionary parole eligibility is computed as follows, subject to 22 AAC 20.080:

(1) if a prisoner committed a felony before January 1, 1986, the prisoner shall serve

(A) the initial presumptive term less good time credited under AS 33.20.010; and

(B) one-third of the second or subsequent presumptive terms;

(2) except as provided in 22 AAC 20.017(f)(1) and (3), if a prisoner committed a felony after December 31, 1985 but before March 22, 2005, and was sentenced before January 1, 2017, the prisoner shall serve

(A) the initial presumptive term, less good time credited under AS 33.20.010; and

(B) one-fourth of the active term of imprisonment for any aggravated portion of the sentence and subsequent presumptive sentences, depending upon the eligibility for the offense as set out in 22 AAC 20.017(e)(5);

(3) except as provided in (d) of this section, if a prisoner committed a felony after March 21, 2005 but before January 1, 2017, and was sentenced before January 1, 2017, the prisoner shall serve

(A) the presumptive term of the primary crime, less good time credited under AS 33.20.010; and

(B) one-fourth of the active term of imprisonment for any aggravated portion of the sentence for the primary crime and subsequent presumptive sentences;

(4) except as provided in (B) of this paragraph or (d) of this section, if a prisoner committed a felony before July 9, 2019 and was sentenced after December 31, 2016,

(A) the prisoner's presumptive sentence is eligible for discretionary parole and the prisoner shall serve the time required to be computed as provided in 22 AAC 20.017(h) and (a) of this section; and

(B) if the primary crime was sentenced under AS 12.55.125(i)(1) or (2), the prisoner shall serve the required time as provided under (3) of this subsection;

(5) except as provided in (d) of this section, if a prisoner committed a felony after July 8, 2019, the prisoner must serve the time as provided in (3) of this subsection.

(d) If a prisoner committed a felony after March 21, 2005 and was sentenced to consecutive or partially consecutive terms that include presumptive sentences and terms with mandatory minimums under AS 12.55.125(a) or (b), the prisoner shall serve the greatest of

(1) the composite total of any mandatory minimum sentences;

(2) any term set under 22 AAC 20.080; or

(3) the time required to be served for the primary crime had it been the only sentence imposed, plus one-quarter of the composite total of the active term of imprisonment for sentences imposed as consecutive or partially consecutive sentences eligible for all crimes eligible for discretionary parole under AS 33.16.090 other than the primary crime.

(e) For purposes of this section,

(1) "active term of imprisonment" means the unsuspended portion of the sentence imposed by the sentencing court for a crime;

(2) "initial presumptive term" means the presumptive term of the most serious offense for which the prisoner was sentenced;

(3) "primary crime" means the crime

(A) for which the sentencing court imposes the longest active term of imprisonment; or

(B) that is designated by the sentencing court as the longest primary crime when no single crime has the longest active term of imprisonment.

History

• Authority: AS 33.16.060; AS 33.16.090; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 4/18/2025, Register 254

22 AAC 20.075 Eligibility after revocation of probation

If a prisoner has a term of imprisonment imposed after revocation of probation, parole eligibility is computed on the composite period of imprisonment which includes the period of imprisonment imposed before the revocation as well as any period of imprisonment imposed upon revocation.

History

• Authority: AS 12.55.025; AS 33.16.060 AS 33.16.010; AS 33.16.100
• Eff. 1/30/91, Register 117

22 AAC 20.080 Further restriction of discretionary parole eligibility

If, under former AS 33.15.230 or AS 12.55.115, the court restricts eligibility for discretionary parole for a term greater than that required under former AS 33.15.080 or AS 33.16.100, a prisoner is not eligible for parole until that additional term has been served.

History

• Authority: AS 12.55.115; AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117

22 AAC 20.085 Effect of prior service and good time on eligibility

(a) Time spent in custody before sentencing in connection with the offense for which a prisoner is applying for parole, is counted as imprisonment in calculating the discretionary parole eligibility date.

(b) Good time credited under AS 33.20.010 does not reduce the term of imprisonment to be served before a prisoner is eligible for discretionary parole, except as provided for in AS 33.16.090(b).

History

• Authority: AS 12.55.025; AS 33.16.060; AS 33.16.100 AS 12.55.125; AS 33.16.090
• Eff. 1/30/91, Register 117

22 AAC 20.090 Calculation and notice of eligibility date

(a) Within 30 days after receipt of the final judgment, the department shall calculate the parole eligibility date of each prisoner eligible for discretionary parole under 22 AAC 20.005 - 22 AAC 20.085.

(b) The department shall give the prisoner and the board written notification of the eligibility determination.

(c) If the prisoner disagrees with the parole eligibility date calculated under (a) of this section, the prisoner must notify the board in writing of the disagreement and the reasons for believing the calculation is in error.

(d) The department shall refer to the board, in writing, a case in which a prisoner's discretionary parole eligibility does not appear to be covered by 22 AAC 20.005 - 22 AAC 20.085.

(e) The board or a staff member designated by the board will review and calculate the parole eligibility date of a case brought to the board's attention under (c) or (d) of this section and will notify the prisoner and the department in writing of the correct calculation. This calculation by the board or the designated staff member is the official eligibility date.

History

• Authority: AS 33.16.060; AS 33.16.180
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 2 Attendance and Appearance at Parole Board Hearings

22 AAC 20.095 Attendance at hearings

(a) Except as provided in this chapter, parole board hearings are closed to the public. Any person, group, or agency may submit written information to the board for consideration.

(b) The members and staff of the board, the prisoner or parolee, attorneys for the prisoner or parolee and for the state, department employees responsible for the case, the victim of a crime, and security staff considered necessary by the board may attend board hearings.

(c) Upon written request, the board will, in its discretion, permit other government employees or other persons having a legitimate interest in a board hearing, to attend and observe a hearing. A request to attend a hearing must be made to the board before the hearing.

(d) The board will terminate the oral comments of a prisoner, a parolee, a victim, a witness, or an attorney if, in the opinion of the board those comments are irrelevant, repetitious, or argumentative. The board may establish time constraints for presentation of oral comments to the board.

(e) A person attending a parole board hearing is subject to security screening and may be required to leave the hearing for failing to follow the instructions of the board.

(f) Only members and staff of the board may be present when the board deliberates on a case.

(g) Parole board hearings may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats. The board will give equal consideration to testimony or arguments presented at board hearings through any of these methods.

History

• Authority: AS 33.16.060; AS 33.16.120; AS 33.16.170
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.100 Appearance by witnesses at hearings

(a) Any interested person, agency, or group may submit written information regarding any prisoner or parolee appearing before the board.

(b) Except as set out in 22 AAC 20.105, the board will not permit the appearance of witnesses at discretionary parole hearings, parole rescission hearings, or special medical parole hearings. The board may make a rare exception due to exigent circumstances.

(c) The board will permit the appearance of witnesses with relevant testimony called by the parolee or by the state at a parole revocation hearing. The board may also call witnesses on its own motion.

(d) Before a witness testifies at a parole hearing, the board may require the party requesting the witness to make an offer of proof summarizing the content of the proposed testimony. The board will consider the offer of proof and permit the witness to appear and testify at the hearing if the board finds that the proposed testimony is relevant and material to the issues at the hearing.

History

• Authority: AS 33.16.060; AS 33.16.130
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.102 Minors in attendance at parole hearings

(a) The board may permit a minor to attend a hearing as a victim or witness.

(b) The board may make special arrangements for attendance by a minor, including attendance through telephonic or electronic conferencing methods.

(c) Minors attending board hearings in person must be accompanied by a parent or legal guardian, other than the prisoner or parolee.

(d) A party wishing to have a minor attend a hearing as a witness or victim shall notify the board in writing at least 10 working days before the hearing.

History

• Authority: AS 33.16.060; AS 33.16.120; AS 33.16.130
• Eff. 3/29/2003, Register 165

22 AAC 20.105 Appearance by victim and submission of oral and written material by victim at parole hearings

(a) The victim of a crime will be notified of a discretionary parole, special medical parole, parole rescission, parole revocation, or parole reconsideration hearing if the victim maintains a current, valid mailing address on file with the department.

(b) If the victim requests to provide comments in a hearing described in (a) of this section, the board will allow the victims to comment

(1) in person, including by telephone or by videoconference if available; or

(2) in writing, including by electronic mail.

(c) The victim may provide written material or oral comments to the board regarding the impact of the crime on the victim or the victim's family, the applicant's suitability for parole, and the conditions of parole. A victim may present verbal testimony within time constraints established by the board. A victim shall direct all statements to the chair, and may not direct a statement or question to an applicant, parolee, or attorney. An applicant, parolee, or attorney shall direct all statements to the chair, and may not direct a statement or question to the victim present at the hearing.

(d) A victim testifying at a parole hearing is not required to make statements under oath unless appearing as a fact witness to a parole violation charge. An applicant, parolee, or attorney may not question a victim who provides unsworn testimony before the board. If a victim chooses to or is required to provide sworn testimony, the applicant, parolee, or attorney shall direct any questions to the victim through the chair.

(e) Not later than five working days before the scheduled date of a parole hearing, a victim who wishes to attend the hearing must notify the applicant's or parolee's assigned parole officer of the victim's intent to attend the hearing. If the victim fails to provide timely notification of the intent to attend the hearing, the board will attempt to accommodate the request if resources and the board's calendar permit.

(f) A victim is subject to the requirements of 22 AAC 20.095.

(g) If the victim attends the hearing, the board may question the victim about written material submitted or oral comments made under (c) and (d) of this section, or about other information relevant to the parole decision.

(h) The board will provide the applicant or parolee a copy of any materials that the victim presented to the board. From any copy provided to the applicant or parolee, the board will redact the victim's residence address, mailing address, electronic mail address, and telephone number, and any other information that could disclose the location of the victim of a crime. Before the board hearing the parole officer shall advise the victim that the applicant or parolee will be physically present in the hearing room.

(i) Upon written request to the board not later than five working days before the hearing, an attending victim may request that one personal victim support advocate be present with the victim at the hearing. The request must state the name of the proposed victim support advocate and the advocate's relationship to the victim. The chair will make a preliminary decision whether to allow the requested personal victim support advocate to be present at the hearing. The victim will be notified of the chair's preliminary decision before the hearing. Before starting the hearing, the board will determine whether to accept the chair's preliminary decision. If permitted to attend a hearing, a victim support advocate may not present any testimony.

History

• Authority: AS 33.16.060; AS 33.16.150 AS 33.16.120; AS 33.16.180
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.107 Subpoenas

(a) In preparation for a parole hearing, a party may apply to the board for a subpoena. The application must be in writing, state the name and address of the witness, and state the substance of the testimony. The board will review the application and make a determination of relevance. The requesting party is responsible for making the request in sufficient time to allow for the issuance and service of the subpoena.

(b) The requesting party is responsible for the service of a subpoena, costs of transportation for a witness or for obtaining records, and any other expenses associated with the issuance or service of a subpoena.

(c) A subpoena may be served by

(1) a member of the department staff; or

(2) any person authorized under Alaska Rule of Civil Procedure 45(c).

History

• Authority: AS 33.16.060; AS 33.16.070
• Eff. 8/28/2015, Register 215

Article 3 Parole Progress Reports

22 AAC 20.110 Requirement for report

A parole progress report must be completed and reviewed by the board in all cases when a prisoner applies for discretionary parole.

History

• Authority: AS 33.16.060; AS 33.16.110; AS 33.16.180
• Eff. 1/30/91, Register 117

22 AAC 20.115 Responsibility for completing report

Staff of the department shall complete a parole progress report on each discretionary parole applicant, following the format established by and using the forms provided by the board. The report shall be made available to the board a minimum of two weeks before the week of the scheduled board hearing.

History

• Authority: AS 33.16.060; AS 33.16.110; AS 33.16.180
• Eff. 1/30/91, Register 117

22 AAC 20.120 Comments for report

(a) The department shall solicit comments from the prisoner, the sentencing court, the victim of the crime who has requested notification, and from the prosecutor and defense attorney for inclusion in the parole progress report.

(b) When requesting the comments of the sentencing court for the parole progress report, the department shall provide the sentencing court with a summary of the prisoner's institutional conduct since sentencing, and a summary of any significant mental or physical examinations since sentencing.

History

• Authority: AS 33.16.060; AS 33.16.110; AS 33.16.120
• Eff. 1/30/91, Register 117

22 AAC 20.125 Disclosure of report

(a) The parole progress report is confidential and may not be disclosed to anyone not authorized by law.

(b) Except as provided in (c) of this section, the department shall provide a copy of the parole progress report and attachments to the parole applicant a minimum of two weeks before the scheduled parole hearing.

(c) The department shall advise the board if it believes information available for the parole progress report or attachments to the report should not be disclosed to the prisoner under AS 33.16.170(b) and the reasons for recommending non-disclosure. If the board concurs with the department, the department or board shall have prepared an excised copy or summary of the material. The excised copy or the summary must be provided to the prisoner at least one week before the parole hearing, unless exigencies make the disclosure impossible in this time frame. In such a case, the disclosure will be made as close to the one week limit as possible.

(d) Information received by department staff after the parole progress report is provided to the board and the prisoner, will be given to the board and the prisoner as soon as feasible.

(e) Upon written request, the department will provide a copy of the parole progress report to the prosecuting attorney, the prisoner's attorney, the sentencing judge, and the attorney for the board. The prisoner's attorney's copy is subject to the requirements of (c) of this section.

(f) The department may provide a copy of the parole progress report to the receiving state under AS 33.36.110 (Interstate Compact for Adult Offender Supervision) if the prisoner requests supervision in another state.

History

• Authority: AS 33.16.060; AS 33.16.130; AS 33.36.010 AS 33.16.110; AS 33.16.170
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 4 Discretionary Parole Release Hearings

22 AAC 20.135 Frequency and locations

Repealed.

History

• Authority: AS 33.16.050; AS 33.16.060
• Eff. 1/30/91, Register 117; repealed 3/29/2003, Register 165

22 AAC 20.140 Notification of scheduled hearing dates

(a) The board will establish parole hearing dates and will notify the correctional facilities of the scheduled hearing dates 60 days before the hearings.

(b) Notification of the schedule will be made available to prisoners applying for parole under 22 AAC 20.150. This will serve as notification that the board will be considering the prisoner's application.

(c) The department shall provide the board with a list of all prisoners who are scheduled to have their cases considered by the board. This list must be provided to the board at least four weeks before the week of scheduled board hearings. Upon request, the department shall provide the board with a list of all prisoners who are eligible for discretionary parole but have waived their right to apply.

(d) The board will, in its discretion, change any of the hearing dates established under (a) of this section, and the board will notify the affected correctional facility of a change. The department shall notify parole applicants of the new scheduled dates.

History

• Authority: AS 33.16.050; AS 33.16.060
• Eff. 1/30/91, Register 117

22 AAC 20.142 Numerical guidelines

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 8/28/2015, Register 215

22 AAC 20.145 Dispositions available to the board

The board will make one of the following decisions at a discretionary parole hearing:

(1) parole an applicant to an approved parole plan under 22 AAC 20.235; the board may grant parole

(A) within this state;

(B) to any jurisdiction under AS 33.36.110 (Interstate Compact for Adult Offender Supervision); or

(C) to a detainer from any recognized jurisdiction under AS 33.35.010 (Agreement on Detainers);

(2) continue the applicant's case for review at any subsequent board hearing;

(3) deny the application for discretionary parole and require the prisoner to serve the remainder of the sentence without further review; or

(4) defer action as set out in 22 AAC 20.170.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.150 Applicant's responsibilities and procedural opportunities

(a) The parole applicant shall provide the department's staff with all information requested for inclusion in the parole progress report.

(b) The applicant shall completely and truthfully fill out a parole application. The completed application must be turned in to the parole officer a minimum of seven weeks before the week of the scheduled board hearing. Failure to submit the completed application in a timely manner constitutes the applicant's waiver of the right to apply until the following hearing at the institution where the applicant is housed.

(c) The applicant shall obtain and provide the department's staff with written documentation of the parole plan. This should include verification of employment, job training, educational plan, treatment plan, housing, and other letters of reference relevant to the applicant's plan. An applicant expecting to return to a small community where no parole officer is located should obtain documentation from the community's governing body of its willingness to receive the applicant in the community.

(d) The applicant must be prepared to discuss any topic that could reasonably relate to the applicant's possible success or failure on parole. These topics include present offense, prior criminal or antisocial behavior, family situation, possible emotional problems, employment, training or treatment plans, medical treatment plans, institutional record, alcohol and drug use, relationships with other people, financial solvency, and release plans.

(e) The applicant should also be prepared to discuss possible conditions of parole if released and how these might relate to the applicant's adjustment in the community.

(f) The applicant should be prepared to discuss possible mandatory parole conditions if discretionary parole is denied and if the applicant is subject to mandatory parole.

(g) Payment for the residence, sustenance, transportation, programming, treatment, medical costs, or education of the applicant granted parole is solely the responsibility of the applicant. The board is not responsible for these costs.

(h) Discretionary parole release hearings are non-adversary hearings and an applicant is not entitled to legal representation except as set out in (n) of this section. The applicant has no right to present witnesses. The applicant may present any relevant written information from any interested person, group, or agency.

(i) The applicant must present written documentation of the proposed parole plan. This documentation must be supplied to the board through the applicant's institutional parole officer if the applicant is incarcerated in a state correctional facility. This documentation must be sent directly to the assigned parole officer if the applicant resides in a contract correctional facility, and the supervising parole officer for the contract facility shall provide the documentation to the board.

(j) The applicant will be interviewed by a quorum of the board. The applicant may make any relevant comments to the board, subject to 22 AAC 20.095(d). Interviews may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats.

(k) The applicant may waive the board's consideration of the applicant's case by signing a waiver. An applicant who, after notice, does not come to the hearing when requested will be considered to have waived consideration for parole.

(l) The applicant may request reconsideration under 22 AAC 20.175 of a decision to continue the applicant's case or deny the applicant further parole consideration.

(m) The applicant may request a special review under 22 AAC 20.185 - 22 AAC 20.190.

(n) An attorney may represent the applicant at the hearing. Only a person who is licensed to practice law, or who is practicing consistent with the limitations in AS 08.08.210(d) and AS 18.85.060, may represent the applicant. The applicant is responsible for obtaining any representation. The board, the department, and the staff of any contract correctional facility are not responsible for arranging or paying for representation. The board will not allow any other prisoner advocate.

(o) The applicant will be provided a copy of the parole progress report and attachments and have access to other records to be considered by the board, subject to AS 33.16.170(b). The applicant will be given a summary of any document provided to the board but withheld from the applicant under AS 33.16.170(c).

(p) The applicant may make any relevant comments about possible supplemental conditions of discretionary parole, subject to 22 AAC 20.095(d).

(q) The applicant may make any relevant comments about possible mandatory parole conditions if the applicant is subject to mandatory parole, subject to 22 AAC 20.095(d).

(r) Repealed 8/28/2015.

(s) The applicant may not question a victim who testifies before the board except as described in 22 AAC 20.105(c).

History

• Authority: AS 33.16.060; AS 33.16.130; AS 33.16.170 AS 33.16.100; AS 33.16.150; AS 33.16.230
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.155 Victim's responsibilities and procedural opportunities

(a) A victim who has requested notification of a discretionary parole or parole rescission hearing and who has provided the commissioner with a current, valid mailing address will be advised in writing of the prisoner's discretionary parole release hearing 30 days before the hearing.

(b) The victim will be provided a copy of the prisoner's parole application that does not include the proposed residence and employment addresses of the applicant.

(c) The victim will be advised of the victim's right to personally appear at the hearing and to submit written comment to the board regarding the impact of the crime on the victim or the victim's family, the applicant's suitability for parole, and the conditions of parole, subject to 22 AAC 20.105.

(d) The victim will be advised of board regulations regarding appearance at a discretionary parole release or parole rescission hearing and of the victim's responsibilities under 22 AAC 20.105 if the victim wishes to appear at the hearing. The victim is responsible for any costs associated with appearing at the hearing.

(e) The victim will be notified of the victim's right to receive the following information, if applicable, once the board makes the decision to grant parole, continue the applicant's case to a future date, or deny the application for parole for the remainder of the sentence:

(1) the decision of the board on the prisoner's application for discretionary parole;

(2) the expected date of release of the prisoner;

(3) the expected geographic area of release of the prisoner;

(4) the conditions of parole of the prisoner;

(5) the address of the parole office in Alaska that is expected to be responsible for the supervision of the prisoner.

(f) Repealed 8/28/2015.

(g) Repealed 8/28/2015

History

• Authority: AS 33.16.060; AS 33.16.120; AS 33.16.260 AS 33.16.100; AS 33.16.130
• Eff. 1/30/91, Register 117; am 8/28/2015, Register 215

22 AAC 20.160 Department's responsibilities

(a) Upon request of a prisoner, the department shall provide the prisoner with a parole application furnished by the board. The department shall advise the prisoner of the scheduled board hearing.

(b) The department shall solicit comments regarding the prisoner's application for discretionary parole from the prosecuting attorney, the defense attorney, the sentencing court, and the victim of the crime who has requested notification under 22 AAC 20.105 and 22 AAC 20.155. The department shall provide these comments to the board and to the prisoner.

(c) The department shall provide to a victim who requests notification under AS 33.16.120 a copy of the prisoner's application for parole without the prisoner's proposed residence or employment addresses.

(d) The department shall provide to the board a comprehensive parole progress report on the prisoner at least two weeks before the week of the scheduled hearing.

(e) The department shall provide to the prisoner a copy of the parole progress report and attachments at least two weeks before the week of the scheduled hearing, and allow the prisoner access to other records considered by the board under AS 33.16.170, subject to 22 AAC 20.125(c).

(f) The department shall inform the prisoner that the board will, in its discretion, set supplemental mandatory parole conditions if the prisoner is subject to mandatory parole.

(g) The department may not disclose the parole progress report to anyone other than the prisoner, prisoner's attorney, prosecuting attorney, state's attorney, and the sentencing court.

(h) The department shall make the applicant's entire file available to the board for review at the parole release hearing.

(i) The department shall distribute paperwork to the applicant from the board as directed.

(j) Within 10 working days after a board decision to grant parole, the department shall provide a copy of the parole progress report and informational copy of the parole order to the field parole officer for investigation of the proposed release plan. However, if the parole release date is more than three months after the board decision, the department shall provide the material to the field parole officer at least 30 days before the parole release date.

(k) The department shall provide to the board a copy of the order of parole signed by the prisoner and a copy of the certificate of good time award, for each prisoner released on parole. The department shall provide a copy of the order and certificate to the prisoner.

(l) The department shall

(1) notify the victim of the crime who has requested notification of the prisoner's application for parole under 22 AAC 20.105 and 22 AAC 20.155;

(2) provide the victim who has requested notification with a copy of the board's decision on the applicant, with a copy of the conditions of parole without the parolee's address, with information on the proposed geographic area of residence of the parolee, and with the expected date of release of the parolee.

(m) Repealed 8/28/2015.

(n) If requested by the prisoner, the department shall review the parole progress report and attachments with the prisoner before the parole hearing.

(o) Repealed 8/28/2015.

(p) The department shall comply with the provisions of 22 AAC 20.235 - 22 AAC 20.250.

History

• Authority: AS 33.16.060; AS 33.16.120; AS 33.16.170 AS 33.16.110; AS 33.16.130; AS 33.16.180
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.165 Parole board's responsibilities and procedural opportunities

(a) The board will, in its discretion, use any relevant information it considers reliable in arriving at a parole release decision. The board will determine the credibility, relevancy, and the weight of the information it considers.

(b) The board will preserve a copy of all written material given to the board in arriving at a parole release decision. The hearing will be electronically recorded under 22 AAC 20.335.

(c) When considering an application for parole, the board will, in its discretion, consider any of the following factors; the board will determine the priority and weight to be given each factor when making a parole release decision:

(1) the applicant's readiness and willingness to face obligations in the community and to undertake normal responsibilities;

(2) the current circumstances of the applicant's family, how the family views the applicant, its interest and readiness to accept the applicant back as part of the family, and its supportiveness of the applicant's release;

(3) the circumstances regarding the proposed residence, including the home, neighborhood, and community in which the applicant will reside;

(4) the applicant's employment history and vocational and academic skills in determining the applicant's employability;

(5) the availability of family and other community resources to assist the applicant if released on parole;

(6) other factors regarding the applicant's parole plan;

(7) the institutional conduct of the applicant such as behavioral adjustment, involvement in institutional programs, benefits of treatment, relationship to the staff, and how these might relate to the applicant's adjustment in the community;

(8) information about the applicant's use or abuse of any drugs or of alcoholic beverages, the extent of the use or abuse, and relationship to the applicant's behavior, criminal behavior, and current offense;

(9) previous involvement in any treatment programs and the applicant's subsequent behavior after exposure to such treatment;

(10) relevant information from the sentencing judge, the prosecutor, the defense attorney, and the victim;

(11) previous probation or parole experiences, behavior when out of custody on bail, bond or own recognizance release, pretrial diversion, deferred prosecutions, furlough, and the recency of these experiences;

(12) the applicant's willingness to discuss information the board considers relevant, the applicant's willingness to accept responsibility for his or her criminal activity, remorse expressed, and the applicant's truthfulness with the board;

(13) noticeable changes in the applicant, the applicant's behavior, self concept, attitude toward the offense, perceived thinking errors, understanding of causal factors, and understanding of the need for change;

(14) information regarding the applicant's lifestyle, productivity, and previous assaultive behavior or other antisocial behavior in the community;

(15) the physical and emotional condition of the applicant including reports from medical personnel, mental health personnel, or treatment personnel;

(16) the applicant's attitudes, including concern for other people;

(17) letters, petitions, or other information from persons, groups, or agencies recommending that the applicant be or not be paroled, and the basis for these recommendations;

(18) the applicant's perceived willingness and ability to abide by any standard or supplemental conditions of parole;

(19) the relationship between the applicant's crime, length of sentence, background, and the board's handling of similarly-situated prisoners in the past;

(20) whether the applicant's release at this time is compatible with the welfare of society and whether it would depreciate the seriousness of the offense, considering the amount of time served by the applicant and the applicant's background;

(21) any information the board considers reliable regarding the facts of the crime;

(22) the board's perception of the applicant's risk to the community if released on parole; and

(23) any other factors that the board determines to be relevant in considering the prisoner's application.

(d) The board will provide the following information to a parole applicant who is granted parole:

(1) a notice of board action, within 10 days after the board's decision, advising the applicant of the earliest possible release date;

(2) an informational copy of the order of parole, listing the conditions of parole imposed, within 21 days after the board's decision; and

(3) a copy of the order of parole, containing the conditions of parole and a parole expiration date, upon the prisoner's release from imprisonment.

(e) The board will provide the following information to a parole applicant not granted parole:

(1) a notice of board action, within 10 days after the board's decision, advising the applicant of the board's decision;

(2) a written notice, informing the applicant in summary of the reasons why parole was not granted, within 31 days after the board's decision.

(f) The deliberations of the board members in arriving at the decision whether to grant or deny a request for discretionary parole release are confidential and only the members and staff of the board may be present. The vote of the individual board members and the "hearing decision vote sheet" are confidential and may not be disclosed to any person.

(g) The board will, in its discretion, set supplemental mandatory parole conditions on an applicant not granted parole, if the applicant is subject to mandatory parole.

(h) The board is not responsible for the costs of residence, sustenance, transportation, programming, treatment, medical care, or education of a prisoner granted parole.

(i) The board will, in its discretion, use information received up to the time the discretionary parole hearing is completed.

History

• Authority: AS 33.16.060; AS 33.16.110; AS 33.16.140 AS 33.16.090; AS 33.16.120; AS 33.16.150 AS 33.16.100; AS 33.16.130; AS 33.16.170
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.170 Decisions of the board

(a) After the parole interview conducted under 22 AAC 20.150, the board will make a decision as set out in 22 AAC 20.145.

(b) If the board believes information under consideration at the hearing might be significantly incorrect or incomplete, the board will, in its discretion, defer action on the application. Action might be deferred in order to allow the board or the department to obtain additional information, or to permit the applicant time to gather and present additional information.

(c) If a criminal charge is pending against the applicant, the board will, in its discretion, defer action until the final disposition of the charge.

(d) The board is not required to make any findings of fact or conclusions of law regarding any item or document in an applicant's file nor relate them to the board's release criteria.

(e) A parole applicant may not relitigate issues determined against the applicant in other forums, including disciplinary or other administrative hearings. The applicant may not relitigate a conviction of a crime handed down in a court of law.

(f) If the number of affirmative board member votes for a decision does not meet the requirements of AS 33.16.050(c), the case will be continued to the next regularly scheduled hearing at the correctional facility where the applicant is housed.

History

• Authority: AS 33.16.050; AS 33.16.060
• Eff. 1/30/91, Register 117

22 AAC 20.175 Reconsideration of denial of discretionary parole release application

(a) The board will reconsider a decision denying an application for discretionary parole release only for the following reasons:

(1) the decision by the board was not supported by the reasons or facts stated by the board, and clarification or correction would, in the opinion of the board, likely lead to a different decision;

(2) the decision was based upon incorrect or faulty information and the correction would, in the opinion of the board, likely lead to a different decision;

(3) the board did not follow its prescribed procedures in making its decision and following the prescribed procedures would, in the opinion of the board, likely lead to a different decision; or

(4) there was significant information not available to the applicant at the time of the hearing through no fault of the applicant and that information would, in the opinion of the board, likely lead to a different decision.

(b) An applicant who wishes to have the board reconsider its decision not to grant parole must advise the board of the applicant's intent and reasons for the request as set out in this subsection. A request for reconsideration must be mailed to the board office, on a form made available to the prisoner by the department, within 30 days after the date of the written notice denying parole. The reasons for the request must be included on the form along with all supporting information. Additional material may be attached to the form if considered relevant by the applicant.

(c) The burden of providing information in support of the request rests solely with the applicant.

History

• Authority: AS 33.16.060; AS 33.16.100; AS 33.16.130
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.180 Action following request for reconsideration

(a) A request for reconsideration will be considered by a quorum of the board. The decision will be based upon the case file material available. The board will not interview the applicant.

(b) If the board grants a request for reconsideration, the board will make a decision based on the material contained in the case file or conduct a new hearing at the next regularly scheduled board hearing at the facility where the prisoner is incarcerated, unless the board specifies another date.

(c) The board will rule on a request for reconsideration within 60 days after receipt of the request.

History

• Authority: AS 33.16.060; AS 33.16.100; AS 33.16.130
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.185 Special review

(a) The board will, in its discretion, and only for the following reasons, grant a special review if it has continued a case or has denied an application for discretionary parole release:

(1) vital information or substantial mitigating circumstances such as those set out in (b) of this section arise after the original decision;

(2) this information was not available at the time of the original hearing; and

(3) the board's awareness of this information would, in the opinion of the board, likely lead to a different decision.

(b) Vital information or substantial mitigating circumstances that the board will consider in a special review include

(1) a significant change of the applicant's sentence or medical condition;

(2) some special education, training, or employment originally unavailable, is now available and is not expected to be available in the future; enrollment in college which could take place the following semester, or entry into a similar educational or vocational program in the future, are not acceptable reasons for granting a special review;

(3) outstanding institutional performance, over a period of at least two years, since the previous hearing;

(4) a meritorious act, such as saving the life of another person;

(5) a family tragedy that results in the applicant being the sole surviving person who can handle the family responsibilities, and where the board believes the applicant could reasonably be expected to fill that role;

(6) the applicant has received a set-off in excess of two years and can demonstrate to the satisfaction of the board that this continuance is extremely disparate with other similarly situated applicants recently considered by the board; and

(7) any other circumstances that the board finds is of such magnitude to warrant the granting of a special review of the case.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.190 Procedures applicable to special reviews

(a) Unless the board determines that an extreme emergency exists, a request for a special review must be received in the board office no later than eight weeks before the week of the next regularly scheduled board hearing at the facility where the prisoner is incarcerated.

(b) The prisoner must make application to the board and state specifically why the prisoner believes that the prisoner qualifies for a special review. The request must be sent through the prisoner's institutional parole officer if the prisoner is incarcerated in a state correctional facility. The request must be provided directly to the assigned parole officer if the prisoner resides in a contract correctional facility, and the supervising parole officer for the contract facility shall provide the documentation to the board.

(c) The board will make its decision in the same manner as provided for in 22 AAC 20.170. The board will notify the prisoner and the department of its decision. Any decision available to the board under 22 AAC 20.145 may be made. Granting of a special review will result in the prisoner's case being reviewed at the hearing date designated by the board.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 5 Conditions of Parole

22 AAC 20.195 Purpose of conditions

Conditions of parole serve the following purposes:

(1) notify the parolee of what conduct is permissible and what conduct is prohibited if the parolee is to remain in the community on parole;

(2) advise the parolee in writing of laws that have in the past been frequently violated by parolees, so the parolee does not inadvertently violate laws;

(3) require the parolee to advise the parole officer of major changes in the parolee's life so that any problems may be dealt with and a possible crisis averted;

(4) aid in the rehabilitation of the parolee; and

(5) protect the public by helping the parole officer monitor the parolee's activities in the community.

History

• Authority: AS 33.16.010; AS 33.16.060; AS 33.16.150
• Eff. 1/30/91, Register 117

22 AAC 20.200 Standard conditions of parole

(a) The following are the standard conditions of parole established by the board which all parolees must follow:

1. Report in person immediately upon release to the parole officer and receive further reporting instructions. Reside at the address approved upon release.

2. Make diligent effort to maintain steady employment and support legal dependents. Do not voluntarily change employment without receiving permission from the parole officer to do so. If discharged or if employment is terminated (temporarily or permanently) for any reason, notify the parole officer the next working day. If involved in an education, counseling, training, or treatment program, continue active involvement in the program unless you receive permission of the parole officer to quit. If released or removed from the program for any reason, notify the parole officer the next working day.

3. Report to the parole officer at least monthly in the manner prescribed by the parole officer. Fill out any supervision report forms truthfully and completely. Answer any questions asked by the parole officer. Follow any other reporting instructions established by the parole officer.

4. Obey all state, federal, and local laws, court orders, and ordinances.

5. Obtain permission from the parole officer before changing residence. Remaining away from the approved residence for 24 hours or more constitutes a change in residence for the purpose of this condition. Remaining away from the approved residence overnight constitutes a change in residence for the purpose of this condition.

6. Obtain the prior written permission of the parole officer, in the form of an interstate travel agreement, before leaving the State of Alaska. Abide by the conditions of the travel agreement.

7. Do not own, possess, have in the parolee's custody, handle, purchase, or transport any firearm, ammunition, or explosive. Do not carry any deadly weapon on parolee's person except a pocket knife with a three-inch or shorter blade. Carrying any other weapon such as a hunting knife, axe, club, etc., is a violation of parole. Contact the Alaska Board of Parole if parolee has any questions about the use of firearms, ammunition, or weapons.

8. Do not use, possess, handle, purchase, give, or administer any narcotic, hallucinogenic (including marijuana/THC), stimulant, depressant, amphetamine, barbiturate, prescription drug not specifically prescribed by a licensed medical person, or other controlled substance.

9. Report to the parole officer, no later than the next working day, any contact with a law enforcement officer.

10. Do not enter into any agreement or other arrangement with any law enforcement agency which will place the parolee in the position of violating any law or parole condition. Under this paragraph and Department of Corrections policy, a parolee may not work as an informant.

11. Do not telephone, correspond with, or visit any person confined in a prison, penitentiary, correctional institution or camp, jail, halfway house, work release center, community residential center, restitution center, juvenile correctional center, or similar facility without permission from the parole officer. Contact with a felon during the course of employment or during corrections-related treatment is not prohibited if approved by the parole officer. Any other knowing contact with a felon is prohibited unless approved by the parole officer. Notify the parole officer the next working day if you have any contact with a felon.

12. Get permission from the parole officer before leaving the area of the state to which the parolee's case is assigned. The parole officer will advise the parolee in writing of the limits of the area in which the parolee may travel.

13. Obey any special instructions, rules, or orders given by the board or by the parole officer. Follow any special conditions imposed by the board or the parole officer.

14. Waive extradition from any state or territory of the United States and do not contest efforts to return the parolee to Alaska.

15. Provide a blood sample, an oral sample, or both upon request of the state, if the parolee is being released after a conviction of an offense requiring the state to collect the samples for the deoxyribonucleic acid (DNA) identification system under AS 44.41.035.

(b) The board may establish different conditions as needed for special circumstances, including the intensive supervision and surveillance program, electronic monitoring, special release supervision programs, special medical parole, and a change in the parolee's medical condition.

(c) The board will, in its discretion, modify the conditions of parole at any time for good cause under 22 AAC 20.215.

History

• Authority: AS 33.16.010; AS 33.16.060; AS 33.16.150
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.205 Supplemental condition of parole

(a) In addition to the standard conditions of parole set out in 22 AAC 20.200, the board may impose any supplemental condition that reasonably relates to the parolee's offense, prior record, prior behavior, medical condition, current circumstances, or perceived risk to the community. Absent an emergency situation, the board will not impose supplemental conditions until the prisoner or parolee has had an opportunity to comment upon the proposed supplemental conditions.

(b) Authority for imposition of supplemental conditions is delegated to any member of the board.

History

• Authority: AS 33.16.010; AS 33.16.150 AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.207 Search of parolees

(a) A parolee may be searched if the board imposes a supplemental search condition under 22 AAC 20.205.

(b) A search must be conducted at a reasonable time and in a reasonable manner. An unscheduled search is permitted as long as it does not constitute harassment.

History

• Authority: AS 33.16.010; AS 33.16.060; AS 33.16.150
• Eff. 1/30/91, Register 117

22 AAC 20.210 Parole officer-imposed condition

The parole officer may impose a supplemental condition of parole any time during the period of parole subject to AS 33.16.150, AS 33.16.160, and 22 AAC 20.220. Any permanent condition imposed by a parole officer must be put into writing by the parole officer, a copy given to the parolee as soon as practicable, and a copy sent to the board. Special one-time instructions need not be reduced to writing.

History

• Authority: AS 33.16.010; AS 33.16.150 AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117

22 AAC 20.215 Modification of board-imposed conditions of parole

(a) Only the board has the authority to remove or, except as provided in AS 33.16.160(c) and (d), to change a condition imposed by the board. In the board's discretion, a condition imposed by the board will be removed or changed, or a condition added, at any time during the parole period.

(b) A request to change board-imposed conditions of parole will be handled as follows:

(1) the board will, in its discretion, modify parole conditions on its own motion for good cause;

(2) the parole officer may request a modification of parole conditions by submitting a written request to the board;

(3) if the prisoner has not yet been released from custody on parole, the prisoner must submit a written request to the institutional parole officer; the institutional parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision and the reason for the decision;

(4) if the parolee has been released from custody, the parolee must submit a written request to the field parole officer; the field parole officer shall forward the request to the board office with the parole officer's recommendation; the board will make a decision, based upon the case file material available, no later than 60 days after receipt of the completed request; the board will not interview the parolee; the board will provide the parolee and the department a written summary of the decision in writing and the reason for the decision.

(c) All conditions of parole imposed by the board remain in effect unless and until they are changed by the board. A parolee shall comply with a contested condition unless the parolee receives written notification from the board of a change of the condition.

(d) A hearing will be provided under AS 33.16.160(b) or (d) if the change in parole conditions warrants it. Such a hearing will follow the procedures set out in 22 AAC 20.220(c) and (d). For purposes of a hearing under this subsection, in 22 AAC 20.220 (c) and (d) "hearing officer" includes the board.

History

• Authority: AS 33.16.010; AS 33.16.150 AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.220 Modification of parole officer-imposed condition of parole and hearing procedures

(a) The parole officer has the authority to add additional conditions or to change any parole officer-imposed condition of parole subject to AS 33.16.150 and AS 33.16.160. A parolee may verbally, or in writing, request the parole officer to change any parole officer-imposed condition of parole. Any change in written conditions shall be reduced to writing as soon as practicable.

(b) A preliminary hearing conducted under AS 33.16.160(d) for the purpose of imposing or extending a condition of parole or changing an existing condition of parole, is governed by (c) of this section.

(c) Procedures for a hearing under AS 33.16.160 are as follows:

(1) The hearing will be conducted by a hearing officer designated by the board. Hearings may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats set by the hearing officer. The hearing will be run as informally as possible. However, the hearing officer may terminate testimony or questioning of a witness if it becomes irrelevant, repetitious, or argumentative.

(2) The hearing officer will be responsible for ruling on any matters considered at the hearing. The hearing officer shall be the trier of fact and shall judge the credibility, relevancy of information and determine the weight and reliability of the testimony of witnesses and other evidence.

(3) The determination by the hearing officer will be made based upon all information presented at the hearing, including affidavits, reports, other written documents and individual testimony.

(4) Rules regarding admissibility of evidence in use by the Alaska court system do not apply at the hearing. A statement, testimony, or physical evidence obtained in a manner that would render it inadmissible in a criminal proceeding may be submitted and considered at the hearing. Hearsay evidence is admissible at the hearing, and the hearing officer will determine the reliability and weight to give the evidence.

(5) The hearing officer may continue the hearing at the request of either party or upon the hearing officer's own initiative. The hearing officer may continue the hearing if the hearing officer believes additional information needs to be presented before a finding is made. If this option is chosen, reasonable attempts will be made to complete the hearing within 15 working days after the continuance of the hearing. However, a continuance will be for such time as is required in the interest of justice. A continuance will be granted only when it is supported by good cause.

(6) Except as provided in (7) of this subsection, the hearing officer must issue a verbal finding and order at the completion of the hearing, which sets out the decision of the hearing officer and the reasons supporting the decision.

(7) If the hearing officer continues the hearing to a later date without making a finding, the hearing officer's reason for this decision must be stated at the time the hearing is continued.

(8) The hearing officer will complete the written order within two working days after the completion of the hearing, including the information set out in (6) or (7) of this subsection.

(9) The decision of the hearing officer is final and not appealable to the board.

(10) A parolee has a right to an attorney at the hearing. Only a person who is licensed to practice law, or who is practicing consistent with the limitations in AS 08.08.210(d) and AS 18.85.060 may represent a parolee. A parolee requesting the assistance of counsel under this paragraph will be given a reasonable period of time to seek and obtain the assistance of an attorney. The board or hearing officer may continue a hearing to allow the parolee reasonable time to obtain the assistance of an attorney. A parolee found not eligible for the services of the Public Defender Agency or alternate public counsel, has the sole responsibility for arranging, providing for, and financing the parolee's legal presentation.

(11) An Alaska parolee on supervision in another state is entitled to legal assistance according to the laws and rules of that jurisdiction.

(12) The hearing will be held at a location designated by the hearing officer.

(13) The parole officer shall provide the parolee with notification of the hearing at least 72 hours before the hearing. The date, location, approximate time of the hearing, the condition to be imposed, changed, or extended, and the information relating to the condition will be provided to the parolee.

(14) The parolee has the right to present testimony, documents, and other evidence relevant to the hearing. The parolee has the right to call witnesses who might have relevant information concerning the proposed condition. These persons may not be merely character witnesses. The parolee assumes the responsibility for the appearance of any witness at the parolee's request. The state may also call witnesses. All witnesses will be sworn, will testify under oath, and are subject to questioning by the hearing officer regarding anything that might be relevant to the hearing. Only one witness will be allowed in the hearing at a time.

(15) The parolee may cross examine adverse witnesses testifying at the hearing unless the hearing officer determines that a witness might be subject to risk of harm if the witness's identity is disclosed. A witness determined to be subject to a risk of harm will be interviewed by the hearing officer or board in camera and the board will provide the parolee with a summary of the information obtained with as much specificity as the circumstances allow. The state may cross-examine any witness appearing on behalf of the parolee. The hearing officer may question any witness.

(16) The parolee must be given a copy of the report and other adverse material provided, to the board, subject to the provisions of AS 33.16.170(b) and (c).

(17) The parolee does not have the right to remain silent. The parolee's refusal to answer questions may be used against the parolee.

(18) The parolee is responsible for any expenses incurred by the parolee or on the parolee's behalf in preparation for or presentation at the hearing. The department is responsible for any expenses incurred by its employees or on its behalf in preparation for or presentation at the hearing. The board is responsible only for the expense of having a hearing officer present to conduct the hearing.

(19) The following regulations also apply to a hearing under this subsection: 22 AAC 20.095 and 22 AAC 20.165(c).

(20) Any change in parole conditions made under AS 33.16.160(d) will not exceed 90 days, unless approved by the board.

(21) The parolee may waive this hearing under AS 33.16.230.

(d) When making the decision to impose or extend a condition or to change an existing condition, the hearing officer will consider the following:

(1) the criteria for imposing parole conditions under AS 33.16.150;

(2) the board's standards for imposing parole conditions under 22 AAC 20.205; and

(3) whether the need for the parole officer-imposed condition is supported by the record.

(e) If a parolee requests a change of a parole officer-imposed condition of parole not subject to the requirements of (b) and (c) of this section, and the parole officer does not grant the request, the parolee may appeal by writing to the board as described in 22 AAC 20.215(b)(3) and (4). The board, or a member of the board if acting on behalf of the board in imposing conditions of mandatory parole, will not grant the change unless substantial evidence justifies the change. The board's or board member's decision will be based upon the case file material available. The board or board member will not interview the parolee. If a parolee is aggrieved by a decision of a member of the board acting on behalf of the board in imposing conditions of mandatory parole, the parolee may apply in writing to the full board as described in 22 AAC 20.215(b)(3) and (4).

(f) A parole officer-imposed condition of parole not subject to (b) and (c) of this section remains in effect until the parolee receives written notification of a change by the parole officer or by the board.

(g) A hearing before the board conducted under AS 33.16.160(b) will follow the procedures set out in this section.

History

• Authority: AS 33.16.010; AS 33.16.150; AS 33.16.230 AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.225 Reasons for modification

The board will, in its discretion, change the conditions of parole for the following reasons:

(1) a condition is no longer necessary for either the protection of the public or rehabilitation of the parolee;

(2) an additional condition is necessary because of changed circumstances, for either the protection of the public or rehabilitation of the parolee;

(3) the board determines that a condition is inappropriate because of changed circumstances; or

(4) any other reason deemed sufficient by the board.

History

• Authority: AS 33.16.010; AS 33.16.150 AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117

22 AAC 20.230 Conditions on interstate parolee

(a) An adult parolee from another state who is in this state, and who is under the jurisdiction of AS 33.36.110 (Interstate Compact for Adult Offender Supervision), is subject to 22 AAC 20.195 - 22 AAC 20.225.

(b) The Alaska supervising parole officer may, or the board will, in its discretion, impose the standard Alaska parole conditions and supplemental conditions, in addition to those of the sending state, if authorized by the sending state.

History

• Authority: AS 33.16.060; AS 33.16.160 AS 33.16.150; AS 33.36.110
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 6 Discretionary Parole Release Procedures

22 AAC 20.235 Release to an approved plan

(a) All discretionary parole releases are granted subject to an approved parole plan. Release is also subject to verification of the parole plan by the department. Within one week after a decision of the board to grant parole, the institutional parole officer shall send the preparole report and parole plan to the field parole officer for investigation. If the parole date is at least three months away, this material shall be sent to the field parole officer at least 30 days before the parole release date. The field parole officer shall notify the institutional parole officer and the board of the results of the investigation within two weeks after receipt of the preparole report and parole plan.

(b) Except in unusual circumstances or for special medical parole releases, parole will be granted only to full-time employment, to full-time vocational or on-the-job training, to a full-time residential treatment program, to a community residential center, to full-time education, to a verified detainer, or to a combination of these plans.

(c) If the applicant is being paroled to a detainer, the prisoner may be released only to the appropriate officials from the jurisdiction exercising the detainer.

(d) If parole is to an interstate plan, the department will escort the prisoner to the airport for boarding of the flight to the receiving state. The parolee will not be permitted to remain in Alaska.

History

• Authority: AS 33.16.010; AS 33.16.085; AS 33.16.150 AS 33.16.060; AS 33.16.130
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.240 Preconditions

The board will, in its discretion, establish preconditions that must be accomplished before the prisoner is released to parole supervision. All preconditions established by the board must be met before the prisoner may be released to parole.

History

• Authority: AS 33.16.010; AS 33.16.130 AS 33.16.060; AS 33.16.150
• Eff. 1/30/91, Register 117

22 AAC 20.245 Release date

(a) If parole is granted, the board will set the earliest release date, and the prisoner may not be released before that date. A prisoner must be released as soon as possible after that date once an approved parole plan has been verified. A prisoner's release may be delayed up to 120 days after the release date set by the board without an additional hearing, while the prisoner is developing a viable parole plan. It is the responsibility of the prisoner to work with the institutional parole officer and the field parole officer to develop a viable parole plan.

(b) If the parolee has been unable to develop a viable parole plan within 90 days after the release date set by the board, the parolee will not be released and shall appear before the board at the next regularly scheduled board hearing at the facility where the prisoner resides or on another date set by the board. The parolee must present a viable parole plan at this hearing.

(c) If the parolee has been granted parole to an interstate plan and the receiving state has rejected the case, the parolee may not be released and shall appear at the next regularly scheduled board hearing after the rejection. If the parolee's case is still pending acceptance by the receiving state or if a plan has been resubmitted for interstate approval, no hearing is necessary.

(d) If the prisoner has been granted parole to a detainer or other legal process, and the receiving agency has notified the board that it no longer wishes to exercise its detainer, the prisoner's case will be considered at the next regularly scheduled board hearing at the facility where the prisoner resides or on another date set by the board after receipt of this notification.

History

• Authority: AS 33.16.060; AS 33.16.150
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.250 When parole effective

Parole does not become effective until the parole plan has been verified by the department, and the order of parole has been signed by the prisoner and witnessed by a department employee or, in a contract correctional facility, by the department's representative.

History

• Authority: AS 33.16.060; AS 33.16.130
• Eff. 1/30/91, Register 117

22 AAC 20.255 Parole expiration date

(a) A prisoner released on parole remains on parole until midnight of the parole expiration date.

(b) A parole expiration date is suspended upon the issuance of an arrest warrant or summons to appear by the board or, in the case of an interstate parolee, by the board's designee.

History

• Authority: AS 33.16.060; AS 33.16.200
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.260 Refusal to sign order of parole

If a prisoner granted discretionary parole refuses to sign the order of parole, the prisoner will not be released on parole. The board will again review the prisoner's case at the next regularly scheduled board hearing at the correctional facility where the prisoner is housed. Refusal by the prisoner to sign the conditions of parole will, in the board's discretion, result in the board rescinding parole.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117

Article 7 Mandatory Parole Release and Revocation

22 AAC 20.265 Mandatory parole release and release planning

(a) A prisoner serving a state sentence or sentences of imprisonment of at least two years shall be released on mandatory parole supervision after service of the sentence less time deducted for good conduct.

(b) A prisoner released on mandatory parole supervision remains in the custody of the board until the maximum term or terms to which the prisoner was sentenced on the state sentence or sentences.

(c) A prisoner due to be released on mandatory parole supervision under AS 33.16.010 and AS 33.20.040 is encouraged to work with institutional staff to develop a viable release plan as set forth in 22 AAC 20.235. If requested by the prisoner, department staff will assist the prisoner in developing a release plan.

History

• Authority: AS 33.16.010; AS 33.16.120 AS 33.16.060; AS 33.20.040
• Eff. 1/30/91, Register 117

22 AAC 20.270 Mandatory parole conditions

(a) The board, or a board member designated by the board to act on behalf of the board, will impose conditions of parole on a prisoner released on mandatory parole. The provisions of 22 AAC 20.195 - 22 AAC 20.225 and 22 AAC 20.255 apply to a prisoner released on mandatory parole.

(b) A prisoner for whom the board is considering imposing a supplemental or special condition of parole under 22 AAC 20.205 will be provided a reasonable opportunity to comment on the proposed condition before its imposition, absent exigent circumstances. If exigent circumstances preclude the opportunity for the prisoner to comment before the imposition of the supplemental condition, the prisoner may comment on the condition and seek its modification or deletion upon notice of the condition.

(c) A prisoner released on mandatory parole is subject to mandatory parole conditions and the prisoner will be required to follow all mandatory parole conditions imposed. Refusal to sign the conditions does not negate the parolee's responsibility to adhere to the conditions.

History

• Authority: AS 33.16.010; AS 33.16.150; AS 33.20.040 AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.271 Mandatory reparole

(a) The board may revoke mandatory parole in a mandatory parole revocation hearing, and subsequently release the prisoner on mandatory reparole.

(b) The board may grant mandatory reparole to the parolee before the new mandatory parole date under reasonable conditions determined by the board.

(c) A parolee serving mandatory reparole will be considered to be in a discretionary parole status. The provisions of this chapter relating to discretionary parole apply to a parolee on mandatory reparole.

History

• Authority: AS 33.16.010; AS 33.16.150 AS 33.16.060; AS 33.16.220
• Eff. 3/29/2003, Register 165

22 AAC 20.273 Anticipatory mandatory parole revocation

(a) When the board conducts a hearing to revoke all, or a portion, of the mandatory parole of a prisoner before the prisoners actual release on parole, the board will conduct that hearing as a final revocation hearing for purposes of AS 33.16.220. A preliminary hearing is not required for the board to revoke all, or a portion, of the mandatory parole of a prisoner before the prisoner's actual release on parole.

(b) If mandatory parole is revoked under this section, the board will notify the prisoner as described in 22 AAC 20.515.

History

• Authority: AS 33.16.010; AS 33.16.060; AS 33.16.220
• Eff. 3/29/2003, Register 165

22 AAC 20.275 Effect of revocation of mandatory parole

A prisoner whose mandatory parole is revoked is required to serve a term equal to the difference between the date of release on mandatory parole and the maximum release date, unless the board revokes only a portion of parole as reflected in the board's order. This term is reduced by good time after revocation.

History

• Authority: AS 33.16.010; AS 33.16.220; AS 33.20.010 AS 33.16.060; AS 33.16.240
• Eff. 1/30/91, Register 117

22 AAC 20.277 Victim notification of release on mandatory parole

A victim who has requested notification of the prisoner's release, and who has provided the commissioner with a current, valid mailing address, will be provided with the following information by the department:

(1) the expected date of release of the prisoner;

(2) the expected geographic area of release of the prisoner;

(3) the conditions of parole of the prisoner, without the prisoner's address; and

(4) the address of the parole office in Alaska that is expected to be responsible for the supervision of the prisoner.

History

• Authority: AS 12.55.185; AS 33.16.100; AS 33.16.260 AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

Article 8 Discharge from Parole

22 AAC 20.280 Request for discharge from parole

(a) A parolee, supervising parole officer, or the board may request that a parolee be discharged from parole. A request from a parolee must be submitted in writing to the parole officer and then forwarded to the board with the parole officer's recommendation. A request from the parole officer must be submitted in writing to the board.

(b) If the board receives a request for discharge from parole, or at the request of the board, the parole officer must submit a comprehensive report containing a chronological description of the parolee's behavior and adjustment since released on parole. The report must include the position of the parolee's victim regarding the request, if the victim maintains a current, valid mailing address on file with the department.

(c) If the board receives a request for discharge, the board will review the case as time and resources of the board permit.

(d) In determining whether or not to grant the request, all relevant case material as set out in 22 AAC 20.110 and 22 AAC 20.165 will be considered, as well as information regarding the parolee's behavior and medical condition since released on parole. The board will also consider whether the parolee has satisfied the requirements of AS 33.16.210.

History

• Authority: AS 33.16.060; AS 33.16.210
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

Article 9 Parole Rescission Hearings

22 AAC 20.285 Purpose of rescission hearings and applicable procedures

The purpose of a rescission hearing is to determine if a change in circumstances or new information in a prisoner's case warrants a conclusion by the board that an earlier decision to release the prisoner on discretionary parole is inconsistent with AS 33.16.100, and thus should be rescinded. A parole rescission hearing is governed by the procedures set out in 22 AAC 20.095 - 22 AAC 20.100, 22 AAC 20.125, 22 AAC 20.150(h) and (j)-(o), 22 AAC 20.165(a)-(c) and (e)-(g), and 22 AAC 20.325 - 22 AAC 20.330.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117

22 AAC 20.290 Reasons for rescission

Discretionary parole will, in the board's discretion, be rescinded for any of the following reasons:

(1) the prisoner is found guilty at a disciplinary hearing of violating a rule of a correctional facility;

(2) the prisoner is found guilty of a new criminal charge;

(3) the prisoner is found guilty of violating community program rules while on furlough;

(4) the prisoner fails to comply with any precondition of parole established by the board;

(5) the prisoner is found by the board to have willfully concealed, misrepresented, or withheld information or given fraudulent information deemed significant by the board;

(6) the board determines that there has been a significant change in the prisoner's parole plan, or the board discovers new information concerning the prisoner or the prisoner's parole plan, affecting the prisoner's suitability for parole under AS 33.16.100;

(7) the prisoner is unwilling or unable to develop a viable parole plan; or

(8) the prisoner fails to sign the order of parole.

History

• Authority: AS 33.16.060; AS 33.16.100; AS 33.16.130
• Eff. 1/30/91, Register 117

22 AAC 20.295 Parole suspended pending rescission hearing

(a) Any time after a prisoner is granted discretionary parole, the board may suspend the order of parole, and if sufficient cause is shown, rescind the order of parole. Parole may be suspended for any of the reasons set out in 22 AAC 20.290.

(b) If reasonable grounds exist to believe that a prisoner has engaged in conduct set out in 22 AAC 20.290, the department shall notify the board. The prisoner may not be released to parole status pending a rescission hearing. If parole rescission action is initiated, the rescission hearing is governed by the procedures set forth in 22 AAC 20.300 - 22 AAC 20.315.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.300 Notification to prisoner, board, and victim

The department shall notify in writing the prisoner, the board, and a victim who participated in the prisoner's parole hearing that parole might be rescinded and of the basis for the possible rescission. When the board has established a date and time for the rescission hearing, notification shall be given to the prisoner and victim at least 72 hours before the rescission hearing.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.305 Preliminary rescission hearing

(a) The purpose of a preliminary rescission hearing is to determine if there is reason to believe that the circumstances set out in 22 AAC 20.290 exist, and if so, whether or not the prisoner should be released on parole pending a review of the prisoner's case by the board.

(b) A hearing officer shall conduct a preliminary rescission hearing within 15 working days after the date the prisoner was due to be released to parole supervision. However, a preliminary rescission hearing is not required if the board holds a final rescission hearing within 20 working days after the date the prisoner was due to be released to parole supervision.

(c) The board will normally accept a finding by the department, court, or contract provider as proof of a violation under 22 AAC 20.290(1) - (3).

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.310 Imprisonment or release pending final rescission hearing

The hearing office shall determine whether the behavior under 22 AAC 20.290(1) - (8) is of such magnitude that the prisoner may not be released pending a review by the board. However, the hearing officer may not release the prisoner to parole if

(1) the behavior would be a violation of the law, punishable by imprisonment;

(2) the behavior would constitute a major or high moderate infraction under 22 AAC 05.400;

(3) the behavior would fall within 22 AAC 20.290(4) - (8).

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.315 Final rescission hearing

A prisoner for whom a finding has been made at a preliminary rescission hearing that there is reason to believe that the circumstances set out in 22 AAC 20.290 exist, will be scheduled for a final rescission hearing at the next regularly scheduled board hearing at the facility where the prisoner is incarcerated or another date set by the board, unless a continuance is granted. The board may grant a continuance if

(1) new criminal charges are pending;

(2) disciplinary action is pending;

(3) a community program regulation violation is pending;

(4) for reasons outside the control of the board, the prisoner is not available for a hearing at the designated time and place; or

(5) for other good and sufficient reason.

History

• Authority: AS 33.16.060; AS 33.16.100
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 10 Hearing Officers

22 AAC 20.320 Definition and authority

Hearing officers are persons designated by the board to conduct preliminary parole revocation hearings, preliminary hearings relating to changes in parole conditions and preliminary parole rescission hearings. Only a member of the board or staff designated by the board may serve as a hearing officer.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117

22 AAC 20.325 Responsibilities of the hearing officer

A hearing officer has the following responsibilities:

(1) the hearing officer will preside at the hearings specified in 22 AAC 20.220, 22 AAC 20.305 and 22 AAC 20.400, and will rule on the admissibility of evidence, procedural challenges, or other matters in dispute at a hearing;

(2) the hearing officer will determine the weight to be given any evidence or testimony presented at a hearing;

(3) the hearing officer will be the trier of fact;

(4) if the hearing officer determines that a witness might be subject to a risk of harm if the witness' identity is disclosed, the hearing officer may examine the witness outside the presence of the prisoner/parolee and his or her attorney;

(5) the hearing officer shall complete a hearing decision order within two working days after completion of a hearing; the order will set out the decision made by the hearing officer, the evidence used at the hearing, and the reasons for the decision;

(6) the hearing officer shall ensure that the parolee and parole officer are provided with a copy of the hearing decision order; and

(7) the hearing officer may continue the hearing to a future date if the hearing officer determines additional information is needed, or for other good cause.

History

• Authority: AS 33.16.060; AS 33.16.160
• Eff. 1/30/91, Register 117

22 AAC 20.330 Effect of decision order by hearing officer

(a) The decision of the hearing officer at a preliminary hearing is not appealable to the board.

(b) A probable cause or non-probable cause finding by the hearing officer is not binding on the board at a final revocation or final rescission hearing or hearing to modify a parole condition.

(c) Despite a non-probable cause finding by a hearing officer at a preliminary hearing, the department may pursue a violation at a final revocation hearing.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117

Article 11 Recording of Hearings

22 AAC 20.335 Hearings to be recorded

(a) All hearings conducted under 22 AAC 20.135, 22 AAC 20.220(c), 22 AAC 20.305, 22 AAC 20.315, 22 AAC 20.400, and 22 AAC 20.485 will be electronically recorded.

(b) The board will maintain a tape or electronic recording of a discretionary parole hearing or a final revocation or final rescission hearing for three years after the date of the hearing. However, if the discretionary parole hearing or the final revocation or final rescission hearing is conducted at a Federal Bureau of Prisons facility, the board will maintain a tape or electronic recording of that hearing for five years after the date of the hearing. A tape or electronic recording of a preliminary revocation or preliminary rescission hearing will be maintained for one year after the date of the hearing, or until the final revocation or final rescission hearing is held, whichever is later.

(c) Notwithstanding (b) of this section, a hearing tape or electronic recording may be erased upon the discharge of the parolee from the custody of the board.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.340 Request for tape or electronic recording of hearing

(a) The board will provide a copy of a tape or electronic recording of a hearing instead of a transcript of a board proceeding, as set out in this section.

(b) A copy of the hearing tape or electronic recording will be provided upon written request from an attorney representing a prisoner or representing a parolee involved in a hearing listed in 22 AAC 20.335. A copy of the tape or electronic recording will be provided directly to the prisoner or parolee if the prisoner or parolee is not represented by an attorney.

(c) A request for the tape or electronic recording of a hearing must be made in writing to the headquarters office of the board.

(d) If the request for the tape or electronic recording of a hearing is made by an attorney that did not represent the prisoner or parolee previously at that hearing, documentation must accompany the request indicating that the attorney has been appointed for or retained by the prisoner or parolee.

(e) The board may charge a reasonable fee to cover the cost of the recording and staffing, not to exceed $20 and consistent with AS 40.25, for providing a tape or electronic recording.

(f) If the request for a tape or electronic recording of a hearing is for a purpose other than that related directly to board hearings, or the request is from a person other than the prisoner or parolee or the attorney representing the prisoner or parolee, the board will make a decision on the request consistent with AS 33.16.170 and other relevant provisions of AS 33.16.

History

• Authority: AS 33.16.060; AS 33.16.170
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.345 Malfunction of equipment or destruction or loss of tape or electronic recording

The failure or malfunction of the electronic recording equipment at a hearing, or the loss of a tape or electronic recording, does not invalidate the proceeding or any action taken at the hearing. The damage or destruction of an electronic recording of a hearing while being copied does not invalidate the proceeding or any action taken at the hearing.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 12 Parole Violations

22 AAC 20.350 Reporting of parole violations

(a) An alleged parole violation that could constitute felony behavior must be reported to the board within five working days after the parole officer becomes aware of the alleged violation.

(b) An alleged violation that could constitute serious misdemeanor behavior must be reported to the board within 10 working days after the parole officer becomes aware of the alleged violation. For purposes of this section, serious misdemeanor behavior means any misdemeanor behavior that, when considered with all relevant case material available on the parolee, indicates that the parolee is a danger to the public.

(c) If a parolee fails to report to the parole officer as required, the parole officer may notify the board that the parolee is an absconder. The parole officer shall notify the board that a parolee is an absconder if the parolee fails to report within five working days after release to parole supervision or the parolee fails to report for two consecutive reporting periods. The parole officer shall report an absconder no later than five working days after the parolee is classified as an absconder.

(d) Behavior other than that set out in (a) - (c) of this section which could constitute a violation of parole does not have to be reported to the board immediately. Reporting of the violation may be held in abeyance in the discretion of the parole officer.

(e) Despite (a) - (c) of this section, a parole officer may, for good cause, recommend that the board take no action to revoke parole, in spite of the alleged violations.

History

• Authority: AS 33.16.060; AS 33.16.180; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.355 How violations reported

Parole officers shall report parole violations on the parole violation report forms approved by the board.

History

• Authority: AS 33.16.060; AS 33.16.180; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.360 Basis for revocation and no immunity

Except as provided in 22 AAC 20.273, any behavior that could constitute a parole violation occurring after the parolee has been granted parole may be used as the basis for parole revocation. Neither the parole officer nor any other person may grant immunity from possible revocation on behalf of the board.

History

• Authority: AS 33.16.060; AS 33.16.180; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.365 Timeframe for issuance of parole violation warrant or summons to appear

(a) On or before the date parole is due to expire, and except as provided in (b) of this section, the board will issue a parole violation warrant or a summons for a parolee to appear.

(b) Notwithstanding (a) of this section, the board may issue a warrant or summons after the expiration date if the parolee

(1) was arrested on or before the expiration date; or

(2) is alleged to have committed a violation under 22 AAC 20.350(a) or (b) during the parole period and the board learns of the violation after the date parole expired.

History

• Authority: AS 33.16.060; AS 33.16.240
• Eff. 1/30/91, Register 117; am 8/28/2015, Register 215

22 AAC 20.370 Effect of issuance of warrant or summons to appear

(a) The issuance of a parole violation warrant, the arrest of the parolee, or the issuance of a summons for a parolee to appear suspends the supervision time of the parolee. The parolee's sentence is stopped until a final revocation decision by the board. Time spent in custody pending revocation proceedings will be credited toward the unexpired term of imprisonment of the parolee.

(b) A parole violation committed by a parolee after the issuance of a parole violation warrant or summons to appear may be considered as an additional ground in support of a proposed revocation of parole.

History

• Authority: AS 33.16.060; AS 33.16.220; AS 33.16.240
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.375 Length of time warrant is valid

A parole violation warrant remains active and valid until executed through the arrest of the parolee, or until the warrant is withdrawn by the board.

History

• Authority: AS 33.16.060; AS 33.16.240
• Eff. 1/30/91, Register 117

22 AAC 20.380 Subpoenas

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 8/28/2015, Register 215

22 AAC 20.400 Purpose of preliminary revocation hearing

The first purpose of a preliminary revocation hearing is to determine whether there is probable cause to believe that a parolee arrested and returned to a correctional facility has committed a new crime or has violated any of the conditions of parole. If probable cause is found, the second purpose is to determine whether the parolee should remain in custody pending a final revocation hearing. If the parolee is released, the hearing officer may modify existing parole conditions or impose additional parole conditions.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.405 How preliminary revocation hearings are conducted

(a) A preliminary revocation hearing will be conducted by a hearing officer designated by the board. The hearing will be conducted as informally as possible. However, the hearing officer may terminate testimony or questioning of a witness if it becomes irrelevant, repetitious, or argumentative.

(b) The hearing officer is in charge of the preliminary hearing and is responsible for ruling on any matters considered at the hearing.

(c) The hearing will be split into two phases. During phase I, testimony will be taken relating only to allegations of violation of parole conditions. Before proceeding to phase II of the hearing, the hearing officer will make a finding on the violations alleged, or continue the hearing as set out in 22 AAC 20.420. During phase II, any other testimony or evidence relevant to the decision to release or incarcerate the violator pending the final hearing, or to release or revoke the parole of the violator at the final hearing, will be considered. The hearing officer will consider conditions of release at phase II.

(d) Despite (c) of this section, the hearing officer may combine phases I and II of the hearing if that action will assist in the reasonable operation of the hearing. The hearing officer may consider the views of the parole officer and the parolee in making this decision.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.415 Probable cause determination and court rules inapplicable

(a) The determination by the hearing officer of whether probable cause exists will be made based upon all information presented at the preliminary revocation hearing, including affidavits, reports, other written documents, and individual testimony. Probable cause is established if the evidence presented and the inferences that may be drawn from the evidence are sufficient to warrant a reasonable person to believe that the parolee has committed an act that would constitute a violation of a law or of a condition of parole.

(b) If probable cause is established, the decision of whether to release the parolee and under what conditions pending the final revocation hearing will be based upon all information presented at phase II of the hearing and upon all other information and case records previously available to the board regarding the parolee.

(c) Rules regarding admissibility of evidence in use by the Alaska court system do not apply at a parole hearing. Hearsay evidence is admissible at a parole hearing, and the board or hearing officer will determine the reliability and the weight to give the evidence.

(d) A statement, testimony, or physical information obtained in a manner that would render it inadmissible in a criminal proceeding may be submitted and considered at a revocation hearing.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.420 Preliminary revocation hearing decisions available to hearing officer

(a) The hearing officer may determine that probable cause has not been established to believe that the parolee has violated a law or condition of parole, in which case the parolee must be returned to parole supervision to an approved plan under parole conditions.

(b) The hearing officer may find that probable cause has been established to believe that the parolee has violated a law or a condition of parole, but may return the parolee to supervision pending the final revocation hearing, subject to any additional conditions of parole. The release of a prisoner to supervision is subject to the requirements of AS 33.16.220(c)(5) for a violation involving an act of domestic violence.

(c) The hearing officer may find that probable cause has been established to believe that the parolee has committed a violation of a law or a condition of parole, and order that the parolee remain in custody pending the final revocation hearing.

(d) The hearing officer may continue the hearing at the request of either party or upon the hearing officer's own initiative. The hearing officer may continue the hearing if the hearing officer believes additional information needs to be presented before a finding is made or before a decision on whether to release is made. If this option is chosen, reasonable attempts will be made to complete the hearing within 15 working days after the continuance of the hearing. However, a continuance will be for the time required in the interest of justice. A continuance may be granted only when it is supported by good cause.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.425 Hearing officer's finding and order

(a) Except as provided in (b) of this section, the hearing officer shall issue a verbal finding and order at the completion of the preliminary revocation hearing, which sets out the decision of the hearing officer and the reasons supporting the decision.

(b) If the hearing officer continues the hearing to a later date without making a finding, the hearing officer's reason for that decision must be stated at the time the hearing is continued.

(c) The hearing officer will complete the written order within two working days after the completion of the hearing, including the information set out in (a) or (b) of this section.

(d) The decision of the hearing officer is final and not appealable to the board.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.430 Parolees eligible for a preliminary revocation hearing

(a) The following parolees have a right to a preliminary revocation hearing under AS 33.16.220 if incarcerated for a parole violation:

(1) any Alaska parolee subject to the jurisdiction of the Alaska Parole Board;

(2) any adult parolee being supervised in this state under AS 33.36.110 (Interstate Compact for Adult Offender Supervision);

(3) any other adult parolee in this state, but not being supervised in this state under AS 33.36.110 (Interstate Compact for Adult Offender Supervision), if the state having parole jurisdiction over the parolee has requested that a hearing be held in this state.

(b) A parolee under the parole jurisdiction of this state, but being supervised in another state under AS 33.36.110 (Interstate Compact for Adult Offender Supervision) has a right to a preliminary revocation hearing in the receiving state if arrested there, subject to the rules of the receiving state. If the parolee is arrested anywhere other than in the receiving state, the preliminary hearing will be conducted at any reasonable location designated by the board.

(c) A preliminary revocation hearing on an Alaska parolee who absconds supervision from the area of supervision will be conducted at any reasonable location designated by the board.

(d) A parolee on parole from a jurisdiction other than Alaska must appear before the originating board for a final revocation hearing.

History

• Authority: AS 33.10.010; AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.435 Right to attorney

(a) A parolee has a right to an attorney at a preliminary revocation hearing. Only a person who is licensed to practice law, or who is practicing consistent with the limitations in AS 08.08.210(d) and AS 18.85.060 may represent a parolee, except as provided in (d) of this section.

(b) A parolee requesting the assistance of counsel under (a) of this section will be given a reasonable period of time to seek and obtain the assistance of an attorney. The board will, in its discretion, continue a hearing to allow the parolee reasonable time to obtain the assistance of an attorney.

(c) A parolee found not eligible for the services of the Public Defender Agency or alternate public counsel, has the sole responsibility for arranging, providing for, and financing his or her legal representation.

(d) An Alaska parolee on supervision in another state will be provided legal assistance according to the laws and rules of that jurisdiction.

History

• Authority: AS 18.85.060; AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.440 Location of preliminary revocation hearing

Repealed.

History

• Eff. 1/30/91, Register 117; repealed 3/29/2003, Register 165

22 AAC 20.445 Notification of hearing and alleged violations

The parole officer shall provide the parolee with notification of the preliminary revocation hearing at least 72 hours before the hearing. The notification must include the date, location, approximate time of the hearing, and the alleged parole violations.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.450 Supplemental allegations

Supplemental allegations charging additional parole violations may be made at any time preceding a final revocation hearing by the parole board, but must be served on the parolee as set out in 22 AAC 20.445.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.455 Amendment or correction of allegations

(a) Allegations referred to in 22 AAC 20.445 - 22 AAC 20.450 may be amended or corrected at any time by the parole officer or board before a hearing begins or during the hearing, with the permission of the board.

(b) Allegations referred to in 22 AAC 20.445 - 22 AAC 20.450 may be dismissed by the parole officer at any time before the completion of the final revocation hearing.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.460 Testimony and evidence

At a preliminary revocation hearing the parolee has the right to present testimony, documents, and other relevant evidence relating to a violation and has the rights set out in 22 AAC 20.465 - 22 AAC 20.475.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.465 Witnesses

(a) If the parolee is represented by an attorney at a preliminary revocation hearing, it is the responsibility of the attorney to arrange for the appearance of witnesses. If an incarcerated parolee is not represented by an attorney, institutional staff shall give the parolee reasonable opportunity to make contacts necessary to assure the appearance of witnesses at the hearing.

(b) The parolee has the right to call witnesses who might have relevant information concerning the alleged violations. These persons may not be merely character witnesses. The parolee assumes the responsibility for the appearance of any witness at the parolee's request. The state may also call witnesses, and the board may call witnesses on its own motion. Prior notice not later than 45 days after a parolee is arrested or summonsed must be provided to all parties and the board of the intention to call a witness at a final revocation hearing. When a late request is received, the board will make every effort to provide adequate time for the witness to testify at the hearing. If the request to call a witness is not timely, and there is insufficient time allotted to allow the witness to testify at the hearing, the board will allow the parolee to proceed with the hearing as scheduled without the witness, to begin the hearing on the scheduled date and at the conclusion of the allowable time, to continue the remainder of the hearing to a later date, or to continue the entire hearing. Subject to 22 AAC 20.100(d), all witnesses will be sworn, will testify under oath, and are subject to questioning by the board or hearing officer regarding anything that might be relevant to the parolee's case. Only one witness will be allowed in the hearing at a time. Subject to 22 AAC 20.102, a minor may be called as a witness.

(c) The parolee may cross-examine adverse witnesses testifying at the hearing unless the board or hearing officer determines that a witness might be subject to risk of harm if the witness's identity is disclosed. A witness determined to be subject to a risk of harm will be interviewed by the hearing officer or board in camera, and the board will provide the parolee with a summary of the information obtained with as much specificity as the circumstances allow. The state may cross-examine any witness appearing on behalf of the parolee. The hearing officer or board may question any witness.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165; am 8/28/2105, Register 215

22 AAC 20.470 Access to adverse material regarding allegations

The parolee must be given a copy of the parole violation report and other adverse material provided to the board, subject to the provisions of AS 33.16.170(b) and (c).

History

• Authority: AS 33.16.060; AS 33.16.170; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.475 Right to remain silent

At a preliminary revocation hearing the parolee has the right to remain silent only regarding those questions or allegations relating to pending criminal charges or other matters that may directly incriminate the parolee. The parolee's refusal to answer questions about any other allegation or matter may be used against the parolee by the hearing officer.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.480 Responsibility for expenses

The parolee is responsible for any expenses incurred by the parolee or on the parolee's behalf in preparation for or presentation at the preliminary revocation hearing. The department is responsible for any expenses incurred by its employees or on its behalf in preparation for or presentation at the hearing. The board is responsible only for the expense of having a hearing officer or the board present to conduct the hearing.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117

22 AAC 20.485 Purpose of final revocation hearing

The purpose of a final revocation hearing is for the board to determine whether the parolee has violated any parole condition. If the parolee is found to have violated a condition of parole by a preponderance of the evidence, the board will decide whether or not to revoke all or a portion of the parole or to change any condition of parole.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.490 Other regulations applicable

The following provisions of this chapter also apply to a final revocation hearing: 22 AAC 20.095 - 22 AAC 20.102, 22 AAC 20.165(f) and (g), 22 AAC 20.271, 22 AAC 20.273, 22 AAC 20.430(a)(1), 22 AAC 20.435 and 22 AAC 20.445 - 22 AAC 20.480.

History

• Authority: AS 33.16.060; AS 33.16.230 AS 33.16.220; AS 33.16.240
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.495 Location of final revocation hearing

The final revocation hearing will be conducted at a location designated by the board.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.500 Parole board is the trier of fact

The board is the trier of fact at a revocation hearing. The members shall judge the credibility of witnesses and relevancy of information, and determine the weight and reliability to be given the testimony of witnesses and other evidence.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.505 Miscellaneous final revocation hearing provisions

(a) At a final revocation hearing a parolee may not relitigate issues determined against the parolee in other forums including courts or disciplinary or other administrative hearings.

(b) The board will, in its discretion, find a parolee guilty of a parole violation that would constitute a violation of a law, even if there is no new conviction.

(c) A finding of not guilty in a criminal prosecution does not bar the use of the same or related evidence to revoke parole.

(d) If a parolee in custody receives notice of the parolee's final revocation hearing, and after receiving notice refuses to attend the hearing when requested,

(1) the parolee waives the right to be present at the hearing; and

(2) the board will conduct the hearing in the parolee's absence.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 8/28/2015, Register 215

22 AAC 20.510 Decisions available to the board

(a) The board may make any of the following decisions at a final revocation hearing:

(1) find no violation of parole conditions, and return the parolee to an approved parole plan;

(2) find that the parolee has violated conditions of parole, and return the parolee to supervision with a warning;

(3) find that the parolee has violated conditions of parole, revoke parole, and continue the parolee's case for review at any future board meeting;

(4) find that the parolee has violated conditions of parole, revoke any portion of the parole, and deny the parolee further parole consideration during the remainder of the sentence;

(5) find that the parolee has violated conditions of parole, revoke the parole, and subject to any preconditions established by the board, reparole the parolee; or

(6) continue the revocation hearing to a future hearing for additional information, to await the resolution of pending criminal charges, or for other good and sufficient cause.

(b) The board may change or impose any condition of parole under AS 33.16.150 and AS 33.16.160.

History

• Authority: AS 33.16.060; AS 33.16.160 AS 33.16.150; AS 33.16.220
• Eff. 1/30/91, Register 117; am 8/28/2015, Register 215

22 AAC 20.512 Effect of revocation of discretionary parole

A prisoner whose discretionary parole is revoked is required to serve the remainder of the sentence that the prisoner was sentenced to serve.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.515 Notification of decision

If parole is revoked at the final revocation hearing, the board, within 30 days after the decision, will provide the parolee with a copy of the order revoking parole. In the order, the board will summarize the evidence used as the basis for the determination of the violation.

History

• Authority: AS 33.16.060; AS 33.16.220
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 13 Disclosure of Information by Board Member

22 AAC 20.520 Board member must disclose information

(a) A board member who receives information about a prisoner or parolee through means other than official board channels, shall disclose that information to other board members before a hearing on the prisoner's/parolee's case. If the information is relied upon by the board in its deliberations, the prisoner/parolee must be provided an opportunity to comment on it.

(b) A board member shall disclose any prior personal involvement with a prisoner or parolee or the prisoner's or parolee's immediate family, to the other board members before a hearing on the prisoner's/parolee's case.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117

Article 14 Disqualification of Board Member or Hearing Officer

22 AAC 20.525 Who may disqualify a member

For a reason set out in 22 AAC 20.530 a board member may be disqualified from voting or participating in a parole release, revocation, or rescission hearing, as follows:

(1) a board member may disqualify himself or herself;

(2) a board member may be disqualified by a majority vote of the other board members present at the hearing for any of the reasons set out in 22 AAC 20.530;

(3) a board member may be disqualified under AS 39.52.210 - 39.52.260 by the board chair.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.530 Reasons for disqualification

(a) A board member may be disqualified if it is determined that the member has had personal involvement with the prisoner/parolee or prisoner's/parolee's immediate family which could unfairly influence the member's vote. This does not include any official contact with the prisoner/parolee in the member's capacity as a board member.

(b) A board member may be disqualified if it is determined that the member has been the victim of a crime committed by the prisoner, or participated in the prosecution, defense, bail, temporary release, or sentencing of the prisoner regarding the present offense. This does not include any official contact with the prisoner in the member's capacity as a board member.

(c) A board member may be disqualified if it is determined that

(1) the member has had some previous contact with the prisoner as a result of the board member's regular profession;

(2) this contact made information available to the board member that would not have otherwise been available to the board; and

(3) this information could unfairly influence the board member's vote.

(d) A board member may be disqualified if it is determined that the member has had a recent business relationship with the prisoner for pecuniary gain which could unfairly influence the member's vote.

(e) A board member must be disqualified if the prisoner is a member of the board member's immediate family.

(f) A board member may be disqualified for any violation of the Alaska Executive Branch Ethics Act (AS 39.52) if the violation is related in some way to the prisoner/parolee who is the subject of the pending board action.

(g) A board member may be disqualified under 22 AAC 20.525(2) if it is determined that any other circumstances exist that would prevent the member from objectively and impartially considering the case.

History

• Authority: AS 33.16.060; AS 39.50.090; AS 39.52.010
• Eff. 1/30/91, Register 117

22 AAC 20.535 Disqualification of hearing officer

(a) The provisions of 22 AAC 20.525 and 22 AAC 20.530, where applicable, apply to hearing officers as well as board members.

(b) A board member serving as a hearing officer may disqualify oneself or may be disqualified by the board chair.

(c) A board staff person serving as a hearing officer may disqualify oneself or may be disqualified by the board chair or by the executive director.

History

• Authority: AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Article 15 Special Medical Parole

22 AAC 20.600 Eligibility for special medical parole

(a) The board may provide a special medical parole hearing upon application for special medical parole by a prisoner, the prisoner's attorney on behalf of the prisoner, or the commissioner, if the prisoner meets the requirements of AS 33.16.085.

(b) The board is the trier of fact in determining the qualification of a prisoner for special medical parole. In determining the qualification of a prisoner for special medical parole, the board will consider all information provided by the prisoner, by any representative of the prisoner approved under 22 AAC 20.610(b), and by the department.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.605 Application for special medical parole

(a) An application for special medical parole must include the following items, submitted to the board through the department's assigned parole officer:

(1) a report of the prisoner's recent institutional status;

(2) documentation of the prisoner's medical condition;

(3) a plan for release of the prisoner and for any treatment of the prisoner after release;

(4) a copy of the court judgment and order of commitment for the current offense for which the applicant is incarcerated;

(5) the pre-sentence investigation report;

(6) the time accounting record;

(7) at the board's request, any additional information that the board considers relevant to determining eligibility for special medical parole.

(b) The board may request the department to prepare a parole progress report when a prisoner applies for special medical parole. In preparing the report, the department shall use any special format established by the board and any forms provided by the board for special medical parole. The department shall provide the requested documents to the board at least one week before the week of the scheduled board hearing. However, for emergency special medical parole hearings, the board will advise the department of the timeframe for submission of the requested documents.

(c) An applicant for special medical parole must provide the board and the department with full access to all medical records, and must sign a release assuring that access by the department and the board for the full duration of the period of parole. Upon request of the board, the department shall obtain verification of the applicant's medical condition and treatment plan from a physician and provide this information to the board.

(d) The department shall provide the applicant with a copy of all reports and attachments, and access to other records to be considered by the board, except those made confidential by law.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.610 Special medical parole hearings

(a) Special medical parole hearings are nonadversary. The board may interview the applicant. The applicant may make any relevant comments to the board. Interviews may be conducted in person, telephonically, by electronic videoconferencing or teleconferencing, or through any combination of these formats.

(b) If an in-person hearing is not held by the board for an applicant for special medical parole, the applicant may make relevant written comments to the board. If the medical condition of the applicant does not allow for participation of the applicant at a scheduled hearing, the applicant may have a representative approved by the board or an attorney participate in the hearing on the applicant's behalf.

(c) At the hearing, an attorney may represent the applicant for special medical parole. Only a person who is licensed to practice law, or who is practicing consistent with the limitations in AS 08.08.210(d) and AS 18.85.060, may represent the applicant. The applicant is responsible for obtaining any representation. The board, the department, and the staff of any contract correctional facility are not responsible for arranging or paying for representation.

(d) The board will consider information received up to the time that the special medical parole hearing is completed.

(e) The board will conduct special medical parole hearings at the next regularly scheduled board hearing held at the facility where the prisoner is incarcerated or on another date set by the board. However, upon a written request from the applicant or the commissioner, the board may conduct an emergency special medical parole hearing at a time designated by the board.

(f) The deliberations of the board members in arriving at a decision whether to grant or deny a request for special medical parole are confidential and only the members and staff of the board may be present. The vote of the individual board members and the "hearing decision vote sheet" are confidential and may not be disclosed to any person.

(g) The burden of providing information in support of the special medical parole application rests solely with the applicant.

(h) A special medical parole applicant may not re-litigate issues determined against the applicant in other forums, including disciplinary or other administrative hearings, or a judgment of conviction of a crime by a court.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.613 Attendance at special medical parole hearings

Attendance of persons at special medical parole hearings and the appearance of witnesses are subject to 22 AAC 20.095 and 22 AAC 20.100 - 22 AAC 20.102. Victims are also subject to 22 AAC 20.105.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.615 Rights of victims at special medical parole hearings

(a) If the board grants a request under 22 AAC 20.610(e) to conduct an emergency special medical parole hearing, the department shall

(1) attempt immediate telephonic notification of the victim of the impending hearing; and

(2) no more than 10 working days after the hearing, notify the victim of the board's decision.

(b) The victim will be advised of provisions under 22 AAC 20.105 and 22 AAC 20.613 for attendance at a special medical parole hearing, and of the victim's rights under AS 33.16.087.

(c) If feasible, and upon the victim's request, the board will allow a victim to participate telephonically at a special medical parole hearing.

(d) The victim may provide written or oral comments to the board regarding the impact of the crime on the victim or the victim's family, the applicant's suitability for special medical parole, and conditions of parole. The comments must be provided to the board within the timeframe designated by the board. The department shall provide any copies required by 33.16.087(c) for the prisoner and the prisoner's attorney.

(e) The victim is subject to the requirements of 22 AAC 20.095.

(f) If the victim attends a special medical parole hearing, the board may question the victim about written or oral comments made under (d) of this section, or about other information relevant to the special medical parole decision.

(g) A victim present at a special medical parole hearing will be given the opportunity, within time constraints established by the board, to testify on the hearing record. The victim shall direct all statements to the chair, and not to the applicant or attorney. The applicant and attorney shall direct all statements to the chair, and may not direct any statements or questions to the victim.

History

• Authority: AS 33.16.060; AS 33.16.085; AS 33.16.087
• Eff. 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.620 Conditions of special medical parole

(a) The applicant may make any relevant comments about possible supplemental conditions of special medical parole.

(b) The board is not responsible for the costs of residence, sustenance, transportation, programming, treatment, medical care, or education of a prisoner granted special medical parole.

(c) Release on special medical parole is granted subject to an approved parole plan, that is verified by the department.

(d) If a prisoner granted special medical parole refuses to sign the order of parole, the prisoner will not be released on parole. However, if the prisoner is unable to sign the order of parole due only to medical incapacity, the prisoner may be released upon written authorization of the board provided to the prisoner's parole officer.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.625 Dispositions available to the board

(a) The board will make one of the following decisions at a special medical parole hearing:

(1) parole an applicant to an approved parole plan; the board may grant parole

(A) within this state;

(B) to any jurisdiction under AS 33.36.110 (Interstate Compact for Adult Offender Supervision); or

(C) to a detainer from any recognized jurisdiction under AS 33.35.010 (Agreement on Detainers);

(2) continue the applicant's case for review at any subsequent board hearing;

(3) deny the application for special medical parole and require the prisoner to serve the remainder of the sentence without further review;

(4) defer action under (b) of this section.

(b) If the board believes information under consideration at the hearing might be significantly incorrect or incomplete, the board may defer action on the application. Action may be deferred in order to allow the board or the department to obtain additional information, or to permit the applicant time to gather and present additional information.

(c) if a criminal charge is pending against the applicant, the board may defer action until the final disposition of the charge.

(d) The board is not required to make any findings of fact or conclusions of law regarding any item or document in an applicant's file, and is not required to relate any findings of fact or conclusions of law to the board's release criteria.

(e) If the number of affirmative board member votes for a decision does not meet the requirements of AS 33.16.050(c), the case will be continued to a future hearing date scheduled by the board.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.630 Reconsideration of denial of special medical parole

(a) The board will reconsider a decision denying an application for special medical parole only for one or more of the following reasons:

(1) the decision by the board was not supported by the reasons or facts stated by the board, and clarification or correction would, in the opinion of the board, likely lead to a different decision;

(2) the decision was based upon incorrect or faulty information and the correction would, in the opinion of the board, likely lead to a different decision;

(3) the board did not follow its prescribed procedures in making its decision and following the prescribed procedures would, in the opinion of the board, likely lead to a different decision;

(4) significant information was not available to the applicant at the time of the hearing through no fault of the applicant and that information would, in the opinion of the board, likely lead to a different decision.

(b) An applicant who wishes to have the board reconsider its decision denying special medical parole must advise the board of the applicant's intent and reasons for the request as set out in this subsection. A request for reconsideration must be mailed to the board office within 30 days after the date of the written notice denying special medical parole. The reasons for the request must be included along with all supporting information. Additional material may be provided if considered relevant by the applicant.

(c) The burden of providing information in support of the request rests solely with the applicant.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.635 Action following request for reconsideration for special medical parole

(a) A request for reconsideration will be considered by a quorum of the board. The decision will be based upon the case file material available. The board will not interview the applicant.

(b) The board will rule on a request for reconsideration within 60 days after its receipt at the board office.

(c) If the board grants a request for reconsideration, the board will conduct a new hearing at a future hearing date set by the board.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.640 Special review of decision on special medical parole

(a) The board may grant a special review if it has continued a case or has denied an application for special medical parole only for one or more of the following reasons:

(1) vital information or substantial mitigating circumstances arise after the original decision;

(2) information was not available at the time of the original hearing and the board's awareness of this information would, in the opinion of the board, likely lead to a different decision;

(3) a significant change in the applicant's medical condition has occurred since the board last considered the application for special medical parole.

(b) The prisoner must make application to the board and state specifically why the prisoner believes that the prisoner qualifies for a special review. The request must be sent through the institutional parole officer or an official designated by the department. The burden of providing information in support of the request rests solely with the applicant.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.645 Special medical parole expiration date

(a) A prisoner released on special medical parole remains on parole until midnight of the parole expiration date.

(b) A special medical parole expiration date is suspended upon the issuance of an arrest warrant or summons for a parolee to appear by the board or, in the case of an interstate parolee, by the board's designee.

History

• Authority: AS 33.16.060; AS 33.16.085; AS 33.16.200
• Eff. 3/29/2003, Register 165; am 8/28/2015, Register 215

22 AAC 20.650 Rescission of special medical parole

(a) Any time after a prisoner is granted special medical parole the board may hold a rescission hearing and suspend the order of special medical parole if sufficient cause is shown. Parole may be suspended for any of the following reasons:

(1) the prisoner is found guilty at a disciplinary hearing of violating a rule of a correctional facility;

(2) the prisoner is found guilty of a new criminal charge;

(3) the prisoner is found guilty of violating community program rules while on furlough;

(4) the prisoner fails to comply with any precondition of parole established by the board;

(5) the prisoner is found by the board to have willfully concealed, misrepresented, or withheld information or given fraudulent information considered significant by the board;

(6) the board

(A) determines that a significant change has occurred in the prisoner's parole plan or in the medical condition of the parolee; or

(B) discovers new information concerning the prisoner or the prisoner's parole plan, affecting the prisoner's suitability for parole under AS 33.16.085.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.655 Revocation of special medical parole

The provisions of 22 AAC 20.350 - 22 AAC 20.515 apply to special medical parole violation and revocation proceedings.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

22 AAC 20.660 Effect of revocation of special medical parole

A prisoner whose special medical parole is revoked shall serve the remainder of the sentence that the prisoner was sentenced to serve.

History

• Authority: AS 33.16.060; AS 33.16.085
• Eff. 3/29/2003, Register 165

Article 16 General Provisions

22 AAC 20.910 Access to parole board records

(a) Except as otherwise provided in this section, access to board records is limited to

(1) the board, the executive director, and the board staff; and

(2) personnel and agents of the department.

(b) Parole conditions are not confidential. The board will release them upon written request.

(c) A parolee, the parolee's attorney, or any other requestor must make in writing a request for access to records and must include with that request a release of information, a copy of the court order, or a copy of the search warrant.

(d) The board will not release

(1) the voting records of individual board members;

(2) the identity of an informant or information given in confidence;

(3) Alaska Public Safety Information Network (APSIN) records or documents;

(4) reports, memoranda, or other documents prepared specifically for transmittal to the Department of Law or an attorney retained by the state in anticipation of or during the course of litigation, or otherwise treated as confidential under the attorney-client privilege;

(5) except as provided in (f) of this section, any statement in the case record of the victim's residence address, mailing address, electronic mail address, or telephone number, or any other information that could disclose the location of the victim of a crime;

(6) a record that is confidential under applicable law; or

(7) a record that the board or executive director determines to contain confidential information.

(e) The board will not release to a prisoner

(1) presentence reports, if the court has specifically found that access by the prisoner would be detrimental to the rehabilitation of the prisoner or safety of the public; or

(2) a document or report containing medical, psychiatric, or psychological records concerning the parolee, including treatment records, if the clinical provider determines in writing that the release of the report to the prisoner will be detrimental to the rehabilitation of the prisoner or safety of the public.

(f) The board will not disclose the victim's residence address, mailing address, electronic mail address, or telephone number, or any other information that could disclose the location of the victim of a crime to a prisoner, a parolee, the prisoner or parolee's attorney, or any person outside of the board or the department, except for those officials of the justice system with a specific need to know in connection with an active investigation or litigation, such as agents of the Department of Public Safety or the Department of Law.

(g) The board will not disclose a parole progress report except as provided in 22 AAC 20.125.

History

• Authority: AS 33.16.060; AS 33.16.170
• Eff. 8/28/2015, Register 215

22 AAC 20.940 Time limitations

(a) The various time limitations in this chapter have been established to promote the efficient operation of the board while ensuring that all parties to hearings are given adequate consideration. Any time limitation in this chapter will, in the board's discretion, be relaxed if, in the opinion of the board, strict adherence to it would bring about an injustice.

(b) The board will adhere to the time limitations established in this chapter, and will see that the time limitations established for others involved in the parole process are also followed, whenever possible.

History

• Authority: AS 33.16.060; AS 33.16.100; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.945 Harmless error

(a) Failure of the board or a department employee to follow the regulations set out in this chapter does not invalidate an action by the board absent a showing of demonstrable prejudice by the prisoner/parolee, as determined by the board. Serving additional time in custody does not itself constitute demonstrable prejudice.

(b) A prisoner/parolee who makes a showing of demonstrable prejudice as set out in (a) of this section may request a special review of the case in accordance with 22 AAC 20.190. The board will, in its discretion, grant a special review if, when considering the record as a whole, it determines the prisoner/parolee suffered demonstrable prejudice.

History

• Authority: AS 33.16.060; AS 33.16.100; AS 33.16.220
• Eff. 1/30/91, Register 117

22 AAC 20.950 General board meetings

(a) The board will meet in general session at least once each calendar year, subject to the availability of appropriations from the legislature. This general session is in addition to the meetings of the board for the purpose of conducting parole hearings.

(b) General board meetings are open to the public, and time will be set aside at designated meetings to take oral and written public comment.

(c) The board will, in its discretion, move into executive session as provided for in AS 44.62.310(b) and (c), during a general meeting.

(d) The board will give reasonable public notice for general board meetings designated for public comment.

(e) The board will prepare an agenda for each meeting. The agenda will, in the board's discretion, be amended at the meeting by the board.

(f) The board will prepare minutes of general meetings and will make them available upon written request.

History

• Authority: AS 33.16.050; AS 33.16.060
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

22 AAC 20.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "aggravated presumptive sentence" means the additional period of incarceration imposed above the presumptive terms in AS 12.25.125(c), (d), (e) or (i), for aggravating factors under AS 12.55.155(c);

(2) "applicant" means a sentenced prisoner eligible for discretionary or special medical parole who has timely submitted an application for parole;

(3) "board" means the Alaska Board of Parole, or any member of the board acting in his or her official capacity except as a hearing officer;

(4) "department" means the Alaska Department of Corrections;

(5) "hearing decision vote sheet" means the document signed by each board member present at a hearing regarding a case being considered;

(6) "immediate family" means father, mother, sister, brother, son, daughter, and step-relationship to these relations;

(7) "interstate parolee" means an adult parolee released by or subject to the authority of the paroling authority in another state and being supervised in this state under AS 33.36.110 (Interstate Compact for Adult Offender Supervision;

(8) "parole progress report" means the report prepared for the board when a prisoner applies for discretionary parole;

(9) "preponderance of the evidence" means having more evidence supporting a finding than not supporting the finding;

(10) "quorum" means at least three board members being present at a meeting or hearing;

(11) "staff" means an employee of the Alaska Board of Parole; and

(12) "victim" has the meaning given in AS 12.55.185;

(13) "minor" means an individual under the age of 18 who has not had the disabilities of minority removed under AS 09.55.590;

(14) "working day" has the meaning given in 22 AAC 05.660(a).

History

• Authority: AS 33.16.050; AS 33.16.060; AS 33.16.900
• Eff. 1/30/91, Register 117; am 3/29/2003, Register 165

Chapter 25 Programs for Rehabilitation of Perpetrators of Domestic Violence

22 AAC 25.010 Standards and approval of programs

(a) An individual or agency offering a program for the rehabilitation of perpetrators of domestic violence that will be imposed as a condition of probation under AS 12.55.101(a), as a condition of a protective order under AS 18.66.100(c), or as a condition of parole under AS 33.16.150(f), must, before providing the counseling or education, receive approval for the program from the department under this chapter. The individual or agency may apply to the department for approval by submitting an application on a form provided by the department to the council for its review and comments. The department will review the recommendations made by the council regarding the approval or denial of the application. The department will provide the applicant with written notification of the approval or denial of the application within 120 days of receipt of the application by the council.

(b) The department will approve a program for the rehabilitation of perpetrators of domestic violence if the program

(1) proves to the satisfaction of the department that it complies with the provisions of this chapter; and

(2) agrees to periodic audits and unannounced on-site inspections by the department or by an agency designated by the department to ensure compliance with the provisions of this chapter; the audits and inspections may include interviews of staff, a review of records related to program policies and procedures and a review of records of program participants on probation or otherwise in the custody of the department; records reviewed by the department or by an agency designated by the department in the course of an audit or inspection do not become public records by virtue of the audit or inspection.

(c) Unannounced on-site inspections described in (b) of this section will be conducted in a manner designed to minimize disruption to regularly-scheduled program activities.

(d) Except as provided in (e) of this section, the department will withdraw its approval of a program for the rehabilitation of perpetrators of domestic violence, and will notify the local court, prosecutor, law enforcement agency, and other criminal justice and social service agencies, if the department determines that

(1) the program no longer complies with one or more of the provisions of this chapter; or

(2) the program knowingly submitted false or materially misleading information in the process of applying for or maintaining approval under this chapter.

(e) Notwithstanding (d) of this section, the department will place an approved program on probationary status for a specified period not to exceed 90 days if the program fails to comply with one or more of the provisions of this chapter and the department determines that the violation is not significant and probation can rectify the non-compliance with this chapter. Failure of the program to achieve compliance within the specified probationary period will result in the application being denied or withdrawal of approval for the program.

(f) Upon application of a program, the department will waive one or more standards set out in this chapter and approve the program if the department determines that

(1) there is good cause for the waiver;

(2) the safety of victims and children is not compromised by the waiver; and

(3) an acceptable alternative to the standard being requested to be waived is provided by the program.

(g) An applicant or an individual or agency operating an approved program may appeal an adverse decision under this section by submitting a written notice of appeal to the deputy commissioner of the Department of Corrections within 30 days of receipt of notification of the decision. The notice of appeal must contain a statement of the reasons for the appeal and must cite any legal authority upon which the appeal is based. Notice of an adverse decision will be sent by certified mail, return receipt requested, to the last address on file in the records of the department for the applicant or individual or agency. The deputy commissioner will review a written notice of appeal that is received timely and issue a decision to the applicant or individual or agency. The deputy commissioner's decision is the final administrative action.

History

• Authority: AS 44.28.020
• Eff. 7/1/96, Register 139; am 11/13/98, Register 148; am 11/29/98, Register 148

22 AAC 25.020 Administration, organization, and management

(a) An approved program must develop and implement written policies and procedures in accordance with the provisions of this chapter that

(1) express a primary commitment to the safety of domestic violence victims, including children;

(2) recognize that the goal of intervention is to stop domestic violence;

(3) express an intent to operate a program that holds perpetrators of domestic violence solely responsible for their behavior regardless of the presence of psychological problems, interpersonal skills deficits, or substance abuse;

(4) recognize that participation in a program cannot guarantee violence-free behavior;

(5) recognize that a perpetrator of domestic violence is a violent offender who requires a specialized form of intervention;

(6) recognize that the program is part of a larger criminal justice system comprised of law enforcement officers, prosecutors, victim advocates, correctional agencies, and judges who work together to hold perpetrators of domestic violence accountable for their violence and to prevent further domestic violence;

(7) recognize that it is inappropriate and dangerous for a victim and the perpetrator of domestic violence against the victim to participate in counseling in which both the victim and perpetrator are present;

(8) identify program participants who have not been the principal physical aggressor in instances of domestic violence and provide separate program services for those participants;

(9) provide for the dissemination of

(A) new or revised policies and procedures to all staff and volunteers;

(B) a summary of the policies and procedures to local victim advocacy agencies, criminal justice agencies, the department, and the council; and

(C) a complete set of policies and procedures to an agency specified in (B) of this paragraph, upon the written request of the agency;

(10) provide a written description of each service that the program offers;

(11) provide a personnel management system that includes minimum training and qualifications for staff and volunteers as required by 22 AAC 25.060, written job descriptions, and lines of authority within the program;

(12) provide a code of ethics for the conduct of staff and volunteers;

(13) impose a duty to warn potential victims of the threat of violence by a program participant, including guidelines for identifying situations that involve a duty to warn, and make that policy and procedures available for review and input by local victim advocacy agencies;

(14) require program staff to advice program participants of the program's obligation to warn potential victims of threats of violence by program participants; and

(15) establish a process for the prompt notification of law enforcement agencies and the victim of threats of violence by the program participant.

(b) In developing and implementing its policies and procedures, and in delivering services, an approved program must

(1) communicate on an ongoing and regular basis with a local victim advocacy agency, if there is one that serves the community, and document the communication;

(2) communicate on an ongoing and regular basis with local criminal justice agencies, and document the communication;

(3) identify the resources within the area serviced by the program that provide the same, or similar, or supplementary services to perpetrators and victims of domestic violence; and

(4) consider the characteristics, concerns, and distribution of the populations to be served, including the population's culture, heritage, traditions, and language.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148

22 AAC 25.030 Program services

(a) In the delivery of services, an approved program

(1) must:

(A) establish and implement a gender-specific written curriculum that incorporates the requirements set out in this chapter;

(B) require a program participant to attend and participate in a minimum of 24 weeks of weekly gender-specific group counseling sessions;

(C) make a written intake assessment and a written service plan for each program participant that contains a profile of the participant's current and past domestic violence, screening for substance abuse and mental health indicators, descriptions of past and current behavior, lethality assessment, safety checks, and a strategy for case management of the participant;

(D) require the program participant to enter into a written contract and sign releases of information as described in (b) and (c) of this section;

(E) require the program participant to complete homework assignments;

(F) use confrontation as an educational tool;

(G) conduct regular, formal case reviews of the progress of program participants and maintain written records of the participants' attendance, payment of fees assessed by the program, group participation, updated lethality assessments, and regularly conducted safety check information;

(H) establish a mechanism to ensure that

(i) regular victim safety checks are made;

(ii) victim safety checks are reviewed; and

(iii) victims are referred to a local victim advocacy agency;

(I) coordinate services provided under the approved program with those provided by substance abuse and mental health service providers serving the community;

(J) require all staff to report any known or suspected child abuse or neglect to the division of family and youth services in the Department of Health and Social Services as required by AS 47.17.020;

(K) require all staff who have reasonable cause to believe that a vulnerable adult has suffered harm to report the harm of the Department of Administration as required by AS 47.24.010;

(L) develop and implement written discharge criteria as required by (e) of this section;

(M) develop and implement a standardized record-keeping system for program participants, including a procedure for the periodic review of program participants' records, the protection of information that is confidential by law, and the closure and storage of files;

(N) monitor program participants' recidivism; and

(O) evaluate the program as required by 22 AAC 25.040;

(2) may not suggest, encourage, or facilitate a program participant's participation in counseling in which both the program participant and the participant's victim are present.

(b) An approved program shall develop a contract to be signed by the program participant, that includes at least the following:

(1) a description of the confidentiality requirements and releases of information signed by the program participant, including notification of the limitations of confidentiality set out in 22 AAC 25.030(c)(1) and (2);

(2) the program participant's agreement to remain free of violence;

(3) the program participant's agreement to

(A) advise the program of all biological and adoptive children;

(B) provide the program with a copy of any court or administrative order that requires the program participant to pay child support;

(C) comply with the requirements of AS 25.27.265(b), if applicable, and comply with requests for information or cooperation from any child support enforcement agency enforcing a court or administrative order that requires the program participant to pay child support;

(D) provide documentation of child support payments if ordered to pay directly to the custodian of the child; and

(E) sign a release of information to allow the program to obtain the program participant's payment record if ordered to pay through a child support enforcement agency;

(4) the program participant's agreement to pay all fees assessed under (d) of this section fees and court ordered costs related to domestic violence incidents, and to comply with child support and court orders;

(5) the program participant's agreement to comply with the program's standards and requirements, including substance abuse and mental health treatment, if a referral is made;

(6) the program participant's agreement to disclose to the program any violations of the contract with the program throughout the duration of participation in the program;

(7) the program participant's agreement not to participate, while in the program, in any kind of counseling directly involving both the participant and the participant's victim; and

(8) the program participant's understanding of the compliance requirements of the program, and the actions that the program will take in the event of the participant's non-compliance.

(c) An approved program must

(1) immediately disclose the following information to the program participant's victim, the program participant's current domestic partner, the sentencing court, the program participant's probation or parole officer, a local law enforcement agency, the local victim advocacy agency and the prosecutor:

(A) threatened or actual destruction of property by the program participant;

(B) threats to violate, attempts to violate or actual violation of child custody or child visitation orders by the program participant; and

(C) threats of physical harm or actual physical harm to any person or pet by the program participant; information listed under this subparagraph must also be disclosed to the person who is the intended victim of the program participant's threats;

(2) release the following information to the program participant's victim, the program participant's current domestic partner, the sentencing court, the program participant's probation or parole officer, a local law enforcement agency, and the prosecutor:

(A) the program participant's attendance records in the program;

(B) the program participant's compliance with or termination from the program; and

(C) disruptive group behavior in the program by the program participant; and

(3) provide to the program participant's victim and current domestic partner

(A) the merits and limitations of the program;

(B) information on domestic violence and options for victims; and

(C) a referral to local victim advocacy agencies.

(d) An approved program shall require a payment of fees for services of the program. The fees may be determined on a sliding scale based on a program participant's ability to pay, and may include community work service in lieu of monetary fees. Failure to pay these fees shall be treated as a failure to comply with program requirements.

(e) An approved program must develop written discharge criteria for

(1) termination from the program when a program participant fails to comply with program requirements; and

(2) compliance with the program, based upon at least the following:

(A) no incidents of physical or sexual violence by the program participant for at least six months;

(B) compliance by the program participant with attendance requirements, which may permit no more than two unexcused absences from program activities;

(C) appropriate participation in the program by the participant as reflected in formal case reviews;

(D) compliance by the program participant with all the conditions and provisions of the contract entered into under (b) of this section; and

(E) payment by the program participant of all applicable fees under (d) of this section.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148; am 11/29/98, Register 148

22 AAC 25.040 Program participant monitoring and program accountability

(a) An approved program shall monitor the recidivism of all program participants for a period of not less than 12 months following their compliance with the discharge from the program or non-compliance and termination from the program. This procedure must include, whenever possible:

(1) interviews of the victim and the program participant's current domestic partner;

(2) review of the former program participant's criminal justice records;

(3) interviews with the former program participant; and

(4) contact with the local victim advocacy agency and other appropriate agencies.

(b) An approved program must submit, no later than February 1 a written report evaluating its services for the previous calendar year in a format specified by the department. The approved program must provide a copy of the report to the department. The report must include

(1) an assessment of the effectiveness of the program;

(2) a description of the types of data collected;

(3) an identification of program elements that have proven effective and the factors impacting the elements; and

(4) an assessment of how the program affects the community that the program serves, including the program participants and victims of domestic violence.

(c) In addition to the requirements of (b) of this section, the department may request that an approved program file with the department statistics, schedules, and other information that the department determines is reasonably necessary for the department to determine the efficacy of the approved program. An approved program must furnish the data, statistics, schedules, or other information requested by the department no later than 90 days from the date of the request. An approved program that does not timely submit the requested information will be subject to withdrawal of approval of the program under the provisions of 22 AAC 25.010(d), unless the approved program provides information to the department that the department determines is good cause as to why the program did not timely submit the requested information.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148; am 8/28/2011, Register 199

22 AAC 25.050 Confidentiality of personal program participants' records

(a) Except as provided in 22 AAC 25.030(c), personal program participant records are confidential to the extent allowed by state or federal law and are not public records. Nothing in this section, however, limits the use of personal program participant records in a criminal investigation or a legal proceeding.

(b) Information pertaining to victim safety checks must be maintained in a manner that protects the confidentiality of the victim.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148

22 AAC 25.060 Personnel, training, and educational requirements

(a) An approved program must assign a sufficient number of trained staff or volunteers to operate the program in accordance with this chapter.

(b) An approved program shall establish minimum qualifications for staff and volunteers that include:

(1) no history of domestic violence or crimes against a person for at least three years before application;

(2) no felony convictions for crimes against a person;

(3) no convictions for three years before application is made involving

(A) a controlled substance as defined in AS 11.71.900, under federal law or under any other state's law;

(B) misdemeanor assault;

(C) a crime involving domestic violence; or

(D) the violation of a municipal ordinance or law from another jurisdiction having elements similar to the offenses specified in this paragraph;

(4) a demonstrated ability to work in a multi-cultural environment; and

(5) for a supervisor, training and at least one year experience in working with both victims and perpetrators of domestic violence.

(c) An approved program shall screen and monitor staff and volunteers to minimize the possibility of violence to persons who come into contact with staff or volunteers.

(d) An approved program must develop individual training plans for each staff or volunteer position. All staff or volunteer training must be recorded in each staff member's or volunteer's personnel file. The staff or volunteers at each program must receive training that include

(1) for staff or volunteers having contact with program participants or victims, a minimum of 40 hours of training related to domestic violence, based on a curriculum that is approved by the department after consideration of any recommendations of the council; the training must include the following:

(A) standards for conducting lethality assessments and safety checks and developing safety plans;

(B) education on available community resources; and

(C) education on domestic violence and sexual assault;

(2) training on the impact of sexism and racism on domestic violence;

(3) annual training with a staff member of a local victim advocacy agency, if one exists, on victims' needs and issues and intervention with perpetrators of domestic violence; and

(4) training on topics relating to the delivery of the program's services.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148

22 AAC 25.090 Definitions

In this chapter,

(1) "approved program" means a program approved by the department under this chapter;

(2) "child support services agency" means the agency established in AS 25.27;

(3) "council" means the Alaska Council on Domestic Violence and Sexual Assault;

(4) "department" means the Department of Corrections;

(5) "domestic violence" has the meaning given in AS 18.66.990;

(6) "lethality assessment" means an evaluation of the program participant's potential for causing physical injury to another person, considering the participant's domestic violence or psychological abuse toward the participant's most recent domestic partner, the frequency and severity of the domestic violence or psychological abuse, the participant's domestic violence or psychological abuse toward previous domestic partners, the participant's access to weapons, suicidal or homicidal thoughts or ideation, suicide attempts, access to a potential victim, and the status of the participant's relationship with the potential victim;

(7) "victim advocacy agency" has the meaning given the term "victim counseling center" in AS 18.66.250;

(8) "personal program participants' records" means records maintained by the approved program for a program participant, including an intake assessment, dates and summary of contacts with the program participant, lethality assessments, records of the participant's compliance and non-compliance with program requirements, and a summary of victim safety checks;

(9) "program" means an individual or an agency operating a community-based intervention program that is designed to prevent the recurrence of domestic violence; "program" includes a program that addresses issues of power and control, the beliefs and values that lead to domestic violence in our society, and a participant's responsibility for domestic violence, but does not include a program solely addressing alcoholism or use of controlled substances;

(10) "program participant" means a person who is a perpetrator of a crime involving domestic violence and who has been ordered to participate in and complete a program for the rehabilitation of perpetrators of domestic violence as a condition of probation, a condition of parole, or a condition of a protective order or domestic violence;

(11) "recidivism" means the verifiable recurrence of domestic violence or a crime against a person under AS 11.41;

(12) "substance abuse" includes abuse of alcoholic beverages and controlled substances;

(13) "victim safety check" means a process by which an assessment is made of a victim's risk of danger of domestic violence or psychological abuse from a program participant;

(14) "vulnerable adult" has the meaning given in AS 47.24.900.

History

• Authority: AS 44.28.020
• Eff. 11/13/98, Register 148

Chapter 30 Sex Offender Treatment Providers

22 AAC 30.010 Sex offender treatment committee

(a) The commissioner will establish a Sex Offender Treatment Committee for the purposes of

(1) assisting in developing a Sex Offender Treatment Standards of Care Manual for use by providers approved under this chapter;

(2) reviewing applications from individuals applying for approval, or renewal of approval, to provide sex offender treatment to offenders under the department's jurisdiction and making recommendations to the department regarding the applications; and

(3) reviewing and investigating complaints against approved providers and making recommendations to the department regarding disposition of the complaints.

(b) The committee will include

(1) the department employee with responsibility for oversight of the sex offender treatment program;

(2) one department employee representing the department's correctional facilities;

(3) two department employees representing the department's community corrections programs; and

(4) three public members, from different judicial districts in the state, who are licensed under AS 08 in a professional field listed in 22 AAC 30.030(b)(1) and who have experience in providing clinical services to sex offenders.

(c) The committee's members serve on the committee at the pleasure of the commissioner. The commissioner will designate one of the committee members to be the committee chairperson.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.020 Provider approval

(a) An individual who wishes to provide sex offender treatment to a sex offender who is under the department's jurisdiction first must obtain, and then maintain, approval from the department under this chapter in order for the treated sex offender to be considered in compliance with a sex offender treatment requirement imposed by the court, the parole board, or the department. Department approval of such a provider is required regardless of who pays for the sex offender's treatment and regardless of whether the treatment takes place in a correctional facility or is community-based.

(b) An individual does not need approval under this chapter in order to provide a service that is not sex offender treatment, as defined in 22 AAC 30.900, to a sex offender who is under the department's jurisdiction.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.030 Application process; qualifications

(a) An individual who wishes to become an approved sex offender treatment provider must apply to the department on a form provided by the department. Only an individual may be approved as a sex offender treatment provider.

(b) To become an approved provider under this chapter, an individual must

(1) have a current professional license, in good standing, issued under AS 08, as a psychiatrist, psychologist, psychological associate, social worker, marital and family therapist, or professional counselor;

(2) be of good moral character; and

(3) agree to abide by the standards set out in 22 AAC 30.200 in providing sex offender treatment to a sex offender who is under the department's jurisdiction.

(c) An application for provider approval must include

(1) the applicant's name, business mailing address, and telephone number;

(2) a statement of the applicant's educational degrees, the year they were obtained, and the institutions from which they were obtained;

(3) verification from the relevant Alaska licensing board that the applicant has a current professional license, as described in (b) of this section, in good standing;

(4) a history of the applicant's specialized training in the treatment of sex offenders;

(5) a history of the applicant's professional work experience;

(6) the applicant's complete criminal history, if any;

(7) information about any investigations of the applicant by any licensing authority in this or any other jurisdiction for possible professional license violations; and

(8) references from at least two individuals familiar with the applicant's professional training and experience.

(d) Except as provided in 22 AAC 30.100, initial department approval of a provider lapses three years from the date of the approval.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.040 Provider levels; supervision condition

(a) The department will establish different provider levels, including a full-service level, and will approve a provider at a particular level based on the provider's education, training, experience, and professional license.

(b) Department approval of a provider at a provider level less than the full-service level will be conditioned on the requirement that, in providing sex offender treatment to a sex offender who is under the department's jurisdiction, that approved provider must be supervised by an approved full-service-level provider.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.050 Application review; approval or denial; request for review of denial

(a) The Sex Offender Treatment Committee shall review an application for approval as a sex offender treatment provider and shall place in the applicant's file the committee's recommendation to the department regarding approval or denial of the application. The committee may recommend denial only if the committee determines that the applicant does not meet the requirements for approval in 22 AAC 30.030. If the committee recommends denial of an application, the committee's recommendation to the department must include a written statement of the committee's reasons for recommending denial. The committee shall forward the applicant's file to the department.

(b) After review of the application and the committee's recommendation, the department will approve or deny an application for provider approval and will notify the applicant of the decision. If the department denies the application, the department will furnish the applicant with a statement of its findings regarding the denial and with instructions for requesting a review of the denial under 22 AAC 30.060. Failure to timely request review as provided in 22 AAC 30.060(a) precludes further department consideration of the denial.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.060 Review of denial

(a) An applicant whose application for provider approval was denied under 22 AAC 30.050 may request review of the denial by filing a request with the commissioner within 30 days after the date of the department's notification of denial under 22 AAC 30.050(b). The request for review must contain a statement of why the department's decision should be changed and must indicate which department findings the applicant believes are in error.

(b) If the commissioner determines that the request for review demonstrates a genuine issue in contention, the commissioner will grant an administrative review. The commissioner's denial of a request for review is a final administrative decision for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.

(c) If the request for review is granted, the commissioner will appoint a review officer to conduct the review. If the commissioner appoints a department employee as the review officer, the employee will not be a person who participated in the decision to deny the application.

(d) In conducting the review, the review officer may

(1) request additional information from the applicant if the review officer considers the information to be necessary to the review; and

(2) conduct an additional investigation if the review officer believes that the information to be obtained from the additional investigation is necessary to the review.

(e) All information resulting from the review officer's review will be retained in the applicant's file.

(f) Upon completion of the review, the review officer shall prepare a written report that summarizes the case and recommends a decision, and shall submit the report and the applicant's file to the commissioner. The commissioner will review the report and will issue a written decision that sets out the reasons for accepting or rejecting the review officer's recommendation. The review officer's report and a copy of the commissioner's decision will be retained in the applicant's file. The commissioner's decision is a final administrative decision for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.

(g) In a review under this section, the burden of proof is on the applicant to establish by a preponderance of the evidence that the applicant meets the department's requirements for provider approval under this chapter.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.070 Renewal process; qualifications

(a) To renew provider approval under this chapter, an approved provider must apply for renewal of approval no later than 60 days before the end of the provider's current approval period by submitting an application for renewal to the Sex Offender Treatment Committee on a form provided by the department.

(b) For a provider's approval to be renewed, the provider must

(1) have a current professional license, in good standing, as described in 22 AAC 30.030(b);

(2) be of good moral character;

(3) have obtained, within the preceding three years, 20 hours of continuing education in the treatment of sex offenders that

(A) was sponsored or conducted by the Association for the Treatment of Sexual Abusers;

(B) fulfills a continuing education requirement imposed by the board that licenses the provider as a psychiatrist, psychologist, psychological associate, social worker, marital and family therapist, or professional counselor; or

(C) has been approved by the department as being substantially equivalent to the continuing education described in (A) or (B) of this paragraph;

(4) agree to abide by the standards set out in 22 AAC 30.200 in providing sex offender treatment to a sex offender who is under the department's jurisdiction; and

(5) provide a reference, on a form provided by the department, from the supervising full-service-level approved provider if the applying provider's current approval is conditioned under 22 AAC 30.040 on that supervision.

(c) A renewal application must include

(1) the provider's name, business mailing address, and telephone number;

(2) verification from the relevant Alaska licensing board that the provider has a current professional license, as described in (b)(1) of this section, in good standing;

(3) documentation verifying that the provider has obtained the continuing education required by (b)(3) of this section;

(4) the reference described in (b)(5) of this section, signed by the supervising full-service-level provider, if the reference is required under (b)(5) of this section;

(5) all information not previously provided to the department regarding the provider's criminal history; and

(6) information not previously provided to the department regarding any investigations of the provider within the past three years for possible professional license violations.

(d) A renewed provider approval lapses three years from the date of renewal.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.080 Renewal application review; approval or denial; request for review of denial

(a) Review of an application for renewal of provider approval by the Sex Offender Treatment Committee and the department, and approval or denial of the application, will be conducted in the manner provided in 22 AAC 30.050 for an application for initial provider approval.

(b) Review of denial of a renewal application may be requested as provided in 22 AAC 30.060(a). The review of a denial will be conducted as described in 22 AAC 30.060.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.090 Transition: previously approved providers

(a) Notwithstanding the provisions of 22 AAC 30.020 - 22 AAC 30.060, an individual who, on 11/1/2002, had approval from the department to provide sex offender treatment to sex offenders who are under the department's jurisdiction is considered on 11/2/2002 to be an approved provider under this chapter.

(b) The individual's provider approval under (a) of this section lapses on 11/2/2003. To maintain provider approval under this chapter, the individual must, no later than 60 days before the lapse date of the individual's provider approval under this section, apply for renewal of provider approval under 22 AAC 30.070. The individual must meet the requirements of 22 AAC 30.070 in order to obtain renewal of approval.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.100 Lapsed approval

(a) If an individual's provider approval under this chapter lapses, the individual may submit to the department, no later than 60 days after the approval lapsed, a request to submit a late renewal application. The request must state the reasons for late application. If the department determines that good cause exists to allow a late renewal application, the department will notify the individual that a late renewal application may be submitted and will be processed under 22 AAC 30.070 and 22 AAC 30.080. If the department determines that good cause does not exist to allow a late renewal application, the department will notify the individual of that determination and that the individual must instead follow the procedures in 22 AAC 30.030 for a new initial approval.

(b) An individual whose approval under this chapter has lapsed and who subsequently applies for a new initial approval under 22 AAC 30.030 must, in addition to meeting the requirements of 22 AAC 30.030, meet the continuing education requirement in 22 AAC 30.070(b) and must submit with the application under 22 AAC 30.030 documentation of having met that requirement.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.110 Complaints; subsequent action against provider approval

(a) A person, including an employee of the department, may bring a complaint against an approved provider, alleging a violation of a requirement for provider approval under this chapter, a violation of a supervision condition placed on the approval as described in 22 AAC 30.040, or a violation of a standard of care in 22 AAC 30.200 by submitting the complaint in writing to the Sex Offender Treatment Committee. The committee shall open a complaint file and review the complaint. Upon completion of initial review of the complaint, the committee shall prepare for the complaint file a report regarding the complaint, including the committee's conclusion as to whether there is probable cause to believe that a violation has occurred. In the report, the committee may recommend that the department suspend the provider's approval under this chapter until the complaint is resolved, in order to prevent an undue risk of harm to the public. The committee shall forward the complaint file to the department.

(b) If, after review of the complaint file, the department determines that probable cause does not exist to believe that a violation has occurred, the department will furnish a written report of the complaint to the provider who is the subject of the complaint, setting out the reasons for the determination, and will place a copy of the report in the complaint file.

(c) If, after review of the complaint file, the department determines that there is probable cause to believe that a violation has occurred, the department will notify the provider who is the subject of the complaint of the allegations contained in the complaint, and will furnish the provider with a response form. The department will return the complaint file to the committee and direct the committee to investigate the allegations in the complaint.

(d) If the department directs the committee to conduct an investigation as described in (c) of this section and the department concludes that suspension of the provider's approval pending resolution of the complaint is necessary to prevent an undue risk of harm to the public, the department will notify the provider that the department intends to suspend the provider's approval under this chapter pending resolution of the complaint and that the provider may contest the suspension determination by providing to the department, within three days after the date of the notification under this subsection, a written statement as to why suspension is not necessary to prevent an undue risk of harm to the public. The department will consider the provider's statement, make a final determination as to whether the provider's approval under this chapter should be suspended pending resolution of the complaint, and will notify the provider of that final determination. If the department's final determination is that the provider's approval under this chapter should be suspended, the suspension takes effect upon the provider's receipt of notification of that final determination.

(e) Within 14 days after the date of the notification of allegations under (c) of this section, the provider shall submit to the committee, on the response form furnished by the department, a sworn statement in response to the allegations in the complaint. The provider shall cooperate with the investigation of the complaint by providing to the committee any documents or information requested by the committee. The provider's failure to respond to the allegations or to cooperate with the committee's investigation as required by this subsection may result in revocation of the provider's approval. The committee shall place in the complaint file the provider's response statement, any other documents or information provided to the committee under this subsection, and any other material considered by the committee in its investigation.

(f) Upon completion of its investigation, the committee shall prepare for the complaint file a report of the results of the committee's investigation and a recommendation for department action regarding the complaint, and shall forward the complaint file to the department. The committee's recommendation may be that the department

(1) take no action;

(2) continue the provider's approval under this chapter with conditions designed to correct the violation, if the committee considers the violation to be a minor one that does not create an undue risk to the public and is amenable to correction within a specified period of time; or

(3) revoke the provider's approval under this chapter.

(g) If, after review of the complaint file, including the committee's report and recommendation under (f) of this section, the department decides to

(1) take no action on the complaint, the department will notify the provider of the decision, will furnish the provider with a written report of the decision and will retain a copy of the notification and report in the complaint file;

(2) continue the provider's approval under this chapter with specified conditions designed to correct the violation, the department will notify the provider of the continued approval and conditions, will furnish the provider with a written report of the decision, including a statement of the reasons for the conditions, and will retain a copy of the notification and report in the complaint file;

(3) revoke the provider's approval under this chapter, the department will notify the provider of the revocation decision, will furnish the provider with a written report of the decision, including a written statement of the reasons for revocation and instructions for requesting a review of the decision, and will retain a copy of the notification and report in the complaint file.

(h) A provider who receives notification of a decision under (g)(2) or (3) of this section has 30 days from the date of the notification to request review of the decision in the manner described in 22 AAC 30.060(a). If the provider timely requests review as provided in this subsection, the department's review of the decision will be conducted as described in 22 AAC 30.060. If a timely request for review is not received as provided in this subsection, the revocation or the placement of conditions takes effect on the 31st day after the date of the notification of the decision under (g) of this section.

(i) After resolution of a complaint under this section, the department will inform the complainant of the disposition of the complaint.

(j) In this section, "violation" means a violation of a requirement for provider approval under this chapter, a violation of a supervision condition placed on the approval as described in 22 AAC 30.040, or a violation of a standard of care in 22 AAC 30.200.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.120 Summary suspension or revocation of provider approval

(a) Notwithstanding the procedures set out in 22 AAC 30.110, the department will summarily suspend or revoke a provider's approval as provided in this section.

(b) The department will summarily suspend a provider's approval under this chapter if the department determines that the provider's professional license issued in this or another jurisdiction has been suspended or determines that the provider has violated a condition placed on the approval under 22 AAC 30.110(g). The department will notify the provider of the suspension of provider approval under this section. Suspension of provider approval under this subsection takes effect on the date the provider is notified of the suspension. The provider may not apply for renewal of the approval, or apply for a new initial approval, under this chapter while the provider's approval is suspended under this section. If, before the lapse date of the provider's approval, the provider

(1) submits verification to the department that the provider's suspended professional license has been restored to good standing, or that the provider is in compliance with the relevant condition, as applicable, the department will lift the suspension of the provider's approval under this chapter;

(2) has not submitted verification to the department that the provider's suspended professional license has been restored to good standing or that the provider is in compliance with the relevant condition, as applicable, the provider's approval under this chapter lapses.

(c) A provider whose professional license was suspended and whose approval under this chapter lapsed under (b)(2) of this section because that professional license had not been restored to good standing must comply with the procedures and requirements of 22 AAC 30.100 to obtain a subsequent approval under this chapter and must submit verification acceptable to the department that the provider's suspended professional license has been restored to good standing.

(d) The department will summarily revoke a provider's approval under this chapter if the department determines that the provider's professional license issued in this or another jurisdiction has been revoked. The department will notify the provider of the revocation. Revocation under this subsection takes effect on the date the provider is notified of the revocation.

(e) In this section, "professional license" means a license described in 22 AAC 30.030(b)(1) or a license to practice in one of the fields listed in 22 AAC 30.030(b)(1) issued by another licensing jurisdiction.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.130 Revoked approval

If an individual's provider approval under this chapter is revoked under 22 AAC 30.110 or 22 AAC 30.120, the individual

(1) may not apply for a new initial approval under 22 AAC 30.030 sooner than two years after the effective date of the revocation;

(2) in applying for a new initial approval under 22 AAC 30.030 also must meet the continuing education requirement of 22 AAC 30.070(b) and must submit documentation of meeting the requirement.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.200 Standards of care

(a) An approved provider shall comply with the standards of care set out in this section in providing sex offender treatment to a sex offender who is under the department's jurisdiction.

(b) An approved provider may not

(1) allow personal feelings about a client or the client's crimes to interfere with the provider's professional judgment and objectivity, and shall make appropriate referrals to other professionals if the provider is unable to manage negative reactions to a client;

(2) discriminate based on age, gender, race, ethnicity, national origin, religion, sexual orientation, political affiliation, social or economic status, disability, or any basis proscribed by law;

(3) engage in behavior that is harassing, exploitative, or demeaning to a client;

(4) barter for services;

(5) advise or facilitate family reunification unless suitable measures have been taken to ensure the safety of, and appropriateness of reunification for, the client's victim;

(6) provide sex offender treatment to a sex offender who is under the department's jurisdiction if the provider has a pre-existing relationship with that person and that relationship could impair the provider's professional judgment;

(7) engage in a sexual relationship with a client or former client, regardless of whether payment was made for the sex offender treatment, and may not engage in a sexual relationship with a family member of a client or former client;

(8) engage in a business or social relationship with a client if that relationship could conflict with or compromise the primary professional relationship;

(9) disclose identifying information about a client during professional training or workshops; an audiotape or videotape to be used by the provider during training or a workshop must protect the identity of the client and may be used only after obtaining written informed consent from the client; or

(10) encourage or permit the use of pornography.

(c) An approved provider shall

(1) discuss fees to be charged for services before, or at the time of, the client's initial appointment, and shall inform the client before a change is made regarding fees that will be charged;

(2) at the time of the initial appointment, inform the client about the types of services to be provided, reasonable expectation of outcomes, alternatives to the type of services proposed, potential benefits and risks involved in the services, and the limits of privilege and confidentiality; if a client is incapable of consenting to services, the provider shall explain to the client the proposed assessments and treatments in a manner commensurate with the client's developmental and psychological capabilities and shall obtain a signed informed consent from the client's legal guardian;

(3) carry out professional duties regarding a client in a way that maximizes safety for the client's victims and potential victims;

(4) hold in confidence information provided by a client's victim, and not provide the information to others, including the client, without the written permission of the victim;

(5) comply with all state and federal reporting laws;

(6) advise each client as to the confidentiality of communications with the client, how confidentiality applies when multiple clients are members of the same family, and of statutory requirements for mandatory reporting;

(7) except when reporting is mandated by state statute, obtain a written waiver of confidentiality before releasing information about a client; the provider shall inform the client about the reasons for the release of information; and

(8) cease sex offender treatment for a client if

(A) the client also is receiving treatment from a provider who is not approved under this chapter;

(B) it is determined by another provider who is an approved full-service-level provider that that treatment is interfering with sex offender treatment with the approved provider; and

(C) the client does not cease treatment with the unapproved provider.

(d) Supervision arrangements between a supervising provider under 22 AAC 30.040 and a supervised provider must be agreed upon in writing before the supervised provider begins providing sex offender treatment to a client. The written document must specify the duties to be performed by the supervised provider, the scope and focus of the supervision, and the frequency and duration of supervision meetings.

(e) An approved provider who is supervising another approved provider under 22 AAC 30.040 may not delegate responsibilities to or advise professional activities for the supervised provider unless the supervising provider is confident that the responsibilities or activities are within the competencies of the supervised provider. In deciding whether to delegate or advise, the supervising provider shall consider the training, education, and experience of the supervised provider.

(f) A provider who is supervising another provider under 22 AAC 30.040 shall take the steps necessary to ensure that the supervised provider performs professional duties ethically, competently, and responsibly. A supervising provider shall review and co-sign all reports prepared by the supervised provider, to indicate either concurrence or nonconcurrence with the opinions, conclusions, and recommendations stated in the report.

(g) A provider who is supervising another provider under 22 AAC 30.040 may not engage in a sexual relationship with that provider.

(h) A provider whose approval is conditioned under 22 AAC 30.040 upon being supervised shall inform clients of the supervision, supply the name of the supervising provider, and explain the impact of the supervision on the confidentiality of communications with the client.

(i) In this section, "client" means a sex offender who is under the jurisdiction of the department and who is receiving, or will be receiving, sex offender treatment.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164

22 AAC 30.900 Definitions

In this chapter,

(1) "approved provider" means an individual who has received approval from the department under this chapter to provide sex offender treatment to sex offenders who are under the department's jurisdiction;

(2) "clinical services" means the application of assessment and psychotherapeutic techniques by an individual licensed under AS 08 to practice in the field of psychiatry, psychology, social work, marital and family therapy, or professional counseling;

(3) "committee" means the Sex Offender Treatment Committee established under 22 AAC 30.010;

(4) "commissioner" means the commissioner of corrections;

(5) "department" means the Department of Corrections;

(6) "good moral character" means, based on consideration of all aspects of an individual's character, the absence of acts or conduct that would cause a reasonable person to have substantial doubts about the individual's honesty, fairness, and respect for the rights of others and for the laws of the state and the nation; the following are indicia of a lack of good moral character:

(A) illegal conduct;

(B) conduct involving moral turpitude, including dishonesty, fraud, deceit, or misrepresentation;

(C) intentional deception or fraud, or attempted deception or fraud, in an application, examination, or other document submitted to secure employment, eligibility for licensure, or certification;

(D) conduct that adversely reflects on a person's fitness to provide sex offender treatment, including intoxication while providing treatment and undue familiarity with a client, or with a sex offender, or correctional inmate, probationer, or parolee, with whom the provider has a professional relationship;

(7) "moral turpitude" means an act that

(A) is contrary to justice, honesty, principle, or good morals;

(B) violates the private and social duties that a person owes to another or to society in general; or

(C) is immoral in itself, regardless of illegality;

(8) "sex offender" means an individual who

(A) has been convicted of a sexual offense as defined in

(i) AS 11.41.410 - 11.41.470, AS 11.61.110(a)(7), 11.61.120(a)(4) or (5), or 11.61.125; or

(ii) former AS 11.15.120, 11.15.134, 11.15.160, AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 11.40.420;

(B) has been convicted under a statute of another jurisdiction that is substantially similar to a statute listed in (A) of this paragraph; or

(C) acknowledges behavior that, if charged, would have been a crime under a statute listed in (A) of this paragraph;

(9) "sex offender treatment" means the provision of clinical services to a sex offender and includes assessment of the sex offender;

(10) "undue familiarity" means developing, or attempting to develop, an intimate, personal, or financial relationship with an individual, or otherwise failing to maintain an appropriate professional relationship with the individual.

History

• Authority: AS 33.30.011; AS 33.30.021; AS 44.28.030
• Eff. 11/2/2002, Register 164