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: Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 9/3/2004, Register 171

Authority: AS 33.30.011

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