22 AAC 05.251. Classification of prisoners to facilities operated by the Federal Bureau of Prisons

(a) A prisoner will, in the department's discretion, be transferred outside Alaska to a facility operated by the Federal Bureau of Prisons if the prisoner is provided a classification hearing as set out in 22 AAC 05.216, a determination is made that the prisoner's rehabilitation or treatment would not be substantially impaired by the transfer, and the prisoner meets one or more of the following criteria:

(1) the prisoner requests out-of-state placement;

(2) the prisoner has a term of incarceration of seven and one-half years or more remaining to be served;

(3) the prisoner lacks significant family or community ties or lacks a significant time of residency in Alaska;

(4) the prisoner requires protective custody, because the prisoner would, in all likelihood, be subjected to a life-threatening situation if housed in an appropriate facility in Alaska;

(5) the prisoner has been convicted of a violent offense, either the present offense or a prior conviction, and is an escape risk because of one or more documented escapes from a facility or two or more documented escape attempts from a facility;

(6) the prisoner has a special medical or mental health need that cannot reasonably be met in Alaska.

(b) A prisoner with two years or less remaining to a firm release date will not be transferred to a facility outside Alaska operated by the Federal Bureau of Prisons unless the prisoner meets the criteria set out in (a)(1), (4), or (6) of this section.

(1) Any of the following factors weigh heavily against a decision to transfer a prisoner to a facility operated by the Federal Bureau of Prisons:

(A) the prisoner has no prior criminal record or no prior incarcerations;

(B) the prisoner is less than 20 years old;

(2) A prisoner with a pending criminal appeal will not be transferred to a facility operated by the Federal Bureau of Prisons until at least 30 days after the record on appeal is certified.

History: Eff. 11/3/84, Register 92; am 11/15/86, Register 100

Authority: AS 33.30.011

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