22 AAC 05.430. Defense witnesses and evidence at disciplinary hearing

(a) The accused prisoner may present witnesses and other evidence in the accused prisoner's defense, subject to (c) of this section, if written notice of the witnesses to be called or evidence to be admitted is given to the disciplinary tribunal no later than 24 hours before the hearing, unless good cause is shown why this time requirement cannot be met.

(b) The superintendent shall allow the accused prisoner or advocate to have a reasonable opportunity to interview witnesses, collect statements, or compile other evidence, if that action would not create a risk of reprisal or undermine security. The accused prisoner must use a staff advocate to help in this task if either the prisoner or the witness is being held in segregation or the witness to be interviewed is a staff member.

(c) The hearing officer or chairperson, as applicable, of the disciplinary tribunal may decline, for compelling reasons, to call a witness that the accused prisoner or advocate has requested to appear, and may restrict the introduction of other evidence to avoid repetitious or irrelevant evidence or to avoid a risk of reprisal or undermining of security. The hearing officer's or chairperson's, as applicable, reason for declining to call a witness or admit evidence must be noted orally for the record. If the prisoner is found to have committed an infraction, the hearing officer or committee chairperson, as applicable, shall file a report, to be attached to the completed disciplinary tribunal report, listing all persons the prisoner requested to appear but were not called to testify, or other evidence sought to be introduced but which was not admitted. This report must contain a brief statement of the reasons why the persons were not called, or the evidence was not admitted.

History: Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Authority: AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 44.28.030

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