22 AAC 05.256. Standards for return of prisoners incarcerated outside Alaska

(a) A prisoner incarcerated outside Alaska in a facility operated by the Federal Bureau of Prisons must be returned to the state within 60 days after written notification from the prison or, if any of the following criteria are met:

(1) the prisoner's life is in danger as evidenced by one or more of the following:

(A) a recent verified attempt on the prisoner's life;

(B) a recommendation for return by the holding facility because the prisoner's life is in danger; or

(2) the prisoner has two years or less remaining to a firm release date, and does not have an out-of-state sentence consecutive to the prisoner's state sentence; or

(3) the prisoner is incarcerated outside Alaska solely for medical or mental health treatment and either that treatment is completed or facilities or resources have become available in Alaska for an equivalent level of treatment and security.

(b) For every three prisoners transferred outside Alaska to a facility operated by the Federal Bureau of Prisons, at least one prisoner must be returned to the state from the Federal Bureau of Prisons upon notification to central classification in writing, and central classification's concurrence, that any of the following criteria have been met:

(1) a prisoner has a family crisis that could be demonstrably minimized by the prisoner's return;

(2) a prisoner has been incarcerated outside Alaska for five or more years and has maintained a disciplinary-free facility record, excluding minor infractions, for the entire period of time; or

(3) a prisoner has special needs that cannot be met by the Federal Bureau of Prisons.

(c) A prisoner incarcerated in a facility outside of Alaska may be returned to Alaska at the discretion of central classification, if central classification determines that out-of-state placement has substantially impaired the rehabilitation or treatment of the prisoner.

(d) A prisoner returned to Alaska under (a) or (b) of this section must be given a classification hearing as set out in 22 AAC 05.216 within 10 days after the prisoner's return. A prisoner returned to Alaska for a reason other than one set out in (a) or (b) of this section must be given a classification hearing within 30 days after the prisoner's return.

(e) A prisoner whose request to return to Alaska is denied may appeal the decision to the deputy commissioner within 10 working days after receiving notice of the decision.

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