22 AAC 05.241. When a hearing is required

(a) In addition to initial classification and classification review hearings required under 22 AAC 05.216 - 22 AAC 05.226, a hearing before a classification committee, at which the prisoner has a right to be present, is required if the following classification actions are possible:

(1) transfer to a facility outside of Alaska under 22 AAC 05.251 - 22 AAC 05.252;

(2) transfer to a mental health or psychiatric facility as set out in 22 AAC 05.253;

(3) administrative transfer as set out in 22 AAC 05.266;

(4) continued placement in administrative segregation under 22 AAC 05.485;

(5) termination of a furlough under 22 AAC 05.335; and

(6) an increase in custody status.

(b) The commission will, in his or her discretion, require any other classification action to be the subject of a hearing.

(c) If exigent circumstances exist, nothing in this chapter prohibits a classification action from being implemented before a hearing, except for a transfer to a facility outside of Alaska.

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

Editor's note: The substance of former 22 AAC 05.215, repealed 11/3/84, Register 92, is contained in 22 AAC 05.241. Therefore, the history note for this section reflects the history of former 22 AAC 05.215.

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