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

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030

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