22 AAC 05.230. Agenda and procedural opportunities at classification hearing

(a) A hearing before a classification committee must proceed as follows:

(1) the chairperson shall ensure that the prisoner understands the purpose of the hearing and the procedural opportunities afforded under (4) of this subsection;

(2) a member of the committee, the prisoner's facility probation officer, or staff advocate if the prisoner is being assisted by an advocate, may propose classification action and shall describe the aspects of the prisoner's record or other rationale that form the basis of the proposal;

(3) if, before or at the hearing, additional time to gather information, testimony, or evidence relating to the proposed action is required, the chairperson may postpone the hearing for up to 20 working days in a hearing other than one provided for in 22 AAC 05.485;

(4) the prisoner has the following procedural opportunities:

(A) a reasonable opportunity to challenge the factual basis or rationale advanced in support of the proposed classification action;

(B) the right to appear and the opportunity to present evidence and witnesses in the prisoner's own behalf and to confront and cross examine witnesses, subject to limitation by the chairperson based upon repetition, relevancy, risk of reprisal, or security of the facility; if a witness is examined out of the presence of the prisoner, the chairperson shall inform the prisoner of the substance of the testimony and specify on the record the reasons for any exclusion;

(C) the chairperson may require the prisoner to direct questions through the prisoner's staff advocate or facility probation officer if present, or through the chairperson.

(b) Only evidence that is presented at the hearing or that is contained in the prisoner's file may be considered at a classification hearing. Prisoner conduct before and during the hearing, and evidence that contains or constitutes hearsay, may be considered if it appears to be reliable and relevant to the issues under consideration. Findings and recommendations of prior disciplinary or classification committees, once all appeals have been exhausted, are conclusive and not subject to review.

History: Eff. 9/10/77, Register 63; am 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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