22 AAC 05.253. Classification for transfer to mental health or psychiatric facility

(a) Except as provided in (b) of this section, a prisoner being considered for transfer to a mental health or psychiatric facility for observation or treatment of a mental illness must be provided the following:

(1) a recorded classification hearing as set out in 22 AAC 05.216(b) ;

(2) disclosure, at the time of notice of the hearing, of the evidence being relied upon as the basis for the transfer;

(3) an opportunity to be heard in person, and to present testimony of witnesses and confront and cross-examine witnesses, except upon findings of good cause for not permitting the presentation, confrontation, or cross-examination;

(4) an independent decision-maker not involved in the recommended transfer, who shall preside over the hearing;

(5) a written statement by the decision-maker as to the evidence relied upon and reasons for transferring the prisoner;

(6) availability of legal counsel if the prisoner is financially unable to furnish his or her own, as permitted in accordance with AS 18.85;

(7) the right to appeal a decision for transfer to the deputy commissioner as set out in 22 AAC 05.260(d) , and, in the case of out-of-state transfer under 22 AAC 05.251 - 22 AAC 05.252, a stay of transfer until the appeal has been decided; and

(8) notice of all rights listed in (1) - (7) of this subsection at least 10 days before the hearing.

(b) The physician, psychologist, or psychiatrist who previously determined that the prisoner is suffering from a mental illness for which treatment in a mental health or psychiatric facility is appropriate shall testify at the hearing before the independent decision-maker. If the mental health professional who made the finding of mental illness is presently unavailable, another physician, psychologist, or psychiatrist designated by the commissioner may be substituted.

(c) If exigent circumstances exist which require a prisoner's immediate transfer into a psychiatric facility for mental health observation or stabilization, the transfer is an interim emergency medical placement and does not require a classification hearing unless

(1) the prisoner is not returned to the original facility within 20 days, in which case the prisoner must be provided a hearing under (a) of this section within 30 days after the transfer; or

(2) a clinical diagnosis indicates the need for treatment in a psychiatric facility for more than 10 days, in which case the prisoner must be provided a hearing under (a) of this section within 15 days after the diagnosis.

History: Eff. 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 33.30.061

AS 44.28.030

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