Title 22 . Department of Corrections

Chapter 5 . Sex Offender Treatment Providers

Section 216. Initial classification

22 AAC 05.216. Initial classification

(a) Except for a prisoner who is designated to a restitution center or other community placement, within 30 days after a sentenced prisoner's arrival at the designated facility or within 60 days after sentencing and commitment, whichever occurs first, the prisoner must be given a hearing before a classification committee to determine the prisoner's security and custody status and program needs. A prisoner who is designated to a restitution center or other community placement may be provided a classification hearing in accordance with procedures established by the commissioner.

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

(1) of the time and place of the hearing;

(2) of the purpose of the hearing, and, in the case of a prisoner placed in administrative segregation, the facts that form the basis for segregation under 22 AAC 05.485;

(3) that

(A) if action of the classification committee could result in continued assignment of the prisoner to administrative segregation under 22 AAC 05.485 or in termination of a furlough under 22 AAC 05.335, the prisoner is entitled to choose a staff advocate from an advocate pool, who will meet with the prisoner at least 36 hours before the hearing to actively assist the prisoner and help coordinate the prisoner's presentation at the hearing; or

(B) in all other cases, the prisoner will be informed before the hearing, by staff assigned by the superintendent, of the classification process and possible classification action;

(4) that, if the purpose of the hearing is consideration of continued assignment to administrative segregation, termination of a furlough, placement in a psychiatric facility, or transfer to a facility outside of Alaska, the hearing will be tape recorded and kept in transcribable form for

(A) 12 months if the classification action is appealed within the department;

(B) three years if the classification action is appealed to the Superior Court or the classification action resulted in a transfer to a facility outside of Alaska; or

(C) 30 days if the classification action is not appealed;

(5) of the agenda at the hearing and what procedural opportunities are available under 22 AAC 05.230;

(6) of the right to counsel in a classification hearing (A) if the prisoner has been assigned to administrative segregation under 22 AAC 05.485 and a decision by the district attorney to file felony charges under 22 AAC 05.460 is pending or charges have been filed; or (B) if transfer to a psychiatric facility is being considered under 22 AAC 05.253;

(7) that before the hearing the prisoner may prepare testimony, solicit statements, or compile other evidence if such action would not create a substantial risk of reprisal or undermine security of the facility;

(8) that the classification committee will make written factual findings, and will indicate the evidence relied upon in sufficient detail so as to provide an adequate basis for review of its decision; and

(9) that the decision of the classification committee may be appealed as set out in 22 AAC 05.260.

(c) The classification committee shall complete the Classification Form for Sentenced Prisoners and issue its decision within three working days after the hearing. The decision as to custody and security status must be based on the factors contained in the form.

(d) A decision of the classification committee that recommends a transfer, a change in security or custody status, a granting or denial of a furlough, placement or continued placement in a restitution center, contract facility, or administrative segregation, or that relates to an exception case as defined in 22 AAC 05.660, must be forwarded to the superintendent. Absent exigent circumstances, a prisoner who is either facing or appealing disciplinary action may not be assigned to administrative segregation nor have custody status increased in any facility without first being afforded a hearing as provided in 22 AAC 05.485(d) and (e). Except for continued placement of a prisoner in administrative segregation pending disciplinary action, which is governed by 22 AAC 05.495(b) , the superintendent has five working days to approve, disapprove, or modify the decision of the committee. If the committee's decision is disapproved or modified, the superintendent shall state the reasons. All other decisions of the committee, not required to be forwarded to the superintendent, are final unless modified by the superintendent within three working days. The prisoner has the right to appeal the decision under 22 AAC 05.260.

(e) If the superintendent approves a recommendation for transfer, the recommendation and the prisoner's classification packet must be forwarded to central classification. If the recommendation is affirmed, central classification will select the receiving facility and coordinate the transfer of the prisoner. If valid reason exists, central classification has the authority to override custody and security determinations made at the facility.

(f) A copy of the final decision must be furnished the prisoner and must include a description of the appeal process set out in 22 AAC 05.260. Forms to facilitate an appeal will be provided upon request.

History: Eff. 11/3/84, Register 92; am 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030