22 AAC 05.266. Administrative transfer

(a) A prisoner may be administratively transferred between facilities as follows:

(1) In response to an emergency or potentially hazardous situation

(A) the superintendent of the holding facility must request approval for a transfer from the regional director; if the transfer is from one region to another, the sending and receiving regional directors must both approve;

(B) if the request is denied, the decision may be appealed to the deputy commissioner; and

(C) if the transfer is approved, central classification must be informed, must notify the holding and receiving facilities, and must coordinate the transfer.

(2) In response to an administrative action that can be more efficiently accomplished at another facility

(A) the superintendent of the holding facility must request approval for a transfer from central classification;

(B) if the request is denied, the superintendent may appeal the decision of central classification to the deputy commissioner; and

(C) if the transfer is approved, central classification must notify the holding and receiving facility, and coordinate the transfer.

(b) An administrative transfer may not be imposed in an arbitrary or vindictive fashion, nor may it be used as a pretext for disciplinary action without first providing the prisoner a hearing as set out in 22 AAC 05.216(b) .

(c) If the transfer will result in the prisoner being assigned to administrative segregation under 22 AAC 05.485(a) , the prisoner must be granted a hearing before a classification committee in accordance with 22 AAC 05.485(d) - (f).

(d) A prisoner may appeal an administrative transfer as described in 22 AAC 05.260(c) by filing a written appeal, through a facility staff member designated by the superintendent, with the deputy commissioner.

(e) Except as provided in (c) of this section, within 10 working days after arrival at the receiving facility the prisoner must be provided a classification hearing as set out in 22 AAC 05.216.

(f) The prisoner may appeal the decision of the classification committee as provided in 22 AAC 05.260.

History: Eff. 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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