22 AAC 05.226. Classification of unsentenced prisoners

(a) A prisoner awaiting trial, sentencing, or probation or parole revocation must be classified by the superintendent within 15 working days after admission into a facility with regard to security and custody status, and program involvement, in accordance with procedures established by the commissioner.

(b) Notwithstanding (a) of this section, a pretrial detainee incarcerated for 10 days who is not in punitive segregation, is normally eligible to participate in educational programs, religious services, and counseling. The pretrial detainee's custody level and housing assignment are relevant in determining the level of participation.

(c) Within 120 days after the superintendent's decision, and every 120 days after that, a prisoner awaiting trial, sentencing, or probation or parole revocation must be given a hearing before a classification committee to review the prisoner's security and custody status, and program involvement.

(d) The prisoner is entitled to at least 48 hours' advance written notice of a classification hearing as set out in 22 AAC 05.216(b) .

(e) The classification committee shall complete the Classification Form for Unsentenced Prisoners and make its recommendations to the superintendent within three working days after the hearing. The recommendations must be based on the factors contained in the form.

(f) The superintendent has five working days to approve, disapprove, or modify the decision of the classification committee. If the decision is disapproved or modified, the superintendent shall state the reasons.

(g) If the superintendent approves a recommendation for transfer, the recommendation and the prisoner's classification packet must be forwarded to central classification for a final decision. If the recommendation is affirmed, central classification shall select the receiving facility and coordinate the transfer of the prisoner. If valid reasons exist, central classification may override custody and security determinations made at the facility. If the recommendation is denied, the superintendent may appeal the denial to the deputy commissioner.

(h) 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

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