22 AAC 05.410. Written report

(a) If a facility staff member reports an instance of prisoner misconduct, a report must be written. If the assistant superintendent determines that the misconduct is to be handled informally under 22 AAC 05.405, the written report must be denominated an information report in accordance with (e) of this section. If the assistant superintendent determines that the misconduct is to be handled formally, the written report must be denominated a disciplinary report in accordance with (d) of this section.

(b) The report must be written by the staff member with the most direct knowledge of the incident.

(c) A report must be referred to the assistant superintendent for disposition. The assistant superintendent may refer the incident for informal action under 22 AAC 05.405, schedule a hearing under 22 AAC 05.415 - 22 AAC 05.480, or determine that no action is appropriate. The prisoner must be notified of the assistant superintendent action.

(d) A disciplinary report must include the citation of the rule allegedly violated, the details of the incident, and a description of the disposition of the physical evidence, if any. The existence of a known witness or an anonymous informant must be noted. A copy of the report must be given to the accused prisoner not more than five working days after the alleged infraction or the date upon which the prisoner is identified as a suspect in the alleged infraction, whichever occurs later, unless that action is likely to jeopardize an ongoing investigation by a law enforcement agency. If an investigation is likely to be jeopardized, a copy of the report must be given to the prisoner upon the completion of the investigation.

(e) Information that may affect the security or orderly administration of a facility may be the subject of an information report. An information report must include the details of the incident that is the subject of the report and of any informal action taken as a result of the incident.

History: Eff. 9/10/77, Register 63; am 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030

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