22 AAC 05.440. Advocate at disciplinary hearing

(a) The accused prisoner is entitled to the assistance of an advocate in investigating the facts and preparing and presenting a defense at a disciplinary hearing, unless the infraction charged is a minor infraction.

(b) An accused prisoner who desires to be represented by a staff advocate may request one from a pool of three or four correctional officers or facility probation officers designated by the superintendent for that purpose. The superintendent may disapprove a request if a staff member would have to be paid overtime for appearance before the disciplinary tribunal. However, the prisoner has the right to select from at least two of the advocates in the pool.

(c) Once selected, the advocate shall meet with the prisoner at least 36 hours before the scheduled hearing to actively assist the prisoner and help coordinate the defense. The advocate shall clearly explain to the prisoner that if the prisoner does not request that the staff member who wrote the disciplinary report be present at the hearing, the prisoner may be found guilty on the basis of the report alone, even if the prisoner denies any wrong-doing. If requested by the prisoner, the advocate shall interview witnesses, advise the prisoner how best to proceed, and prepare examination of witnesses scheduled to appear at the hearing. If necessary, the advocate must have the assistance of an interpreter.

(d) An accused prisoner may waive the assistance of an advocate and present his or her own defense. An advocate must be appointed for the accused in any portion of a proceeding if the accused is not present to protect his or her rights to present evidence and witnesses, or to confront and cross-examine witnesses, unless the prisoner refuses to appear.

(e) An accused prisoner has a right to counsel in a hearing from which felony prosecution might result or has been initiated. For purposes of this subsection, the possibility of felony prosecution is eliminated if the district attorney indicates, in response to an inquiry under 22 AAC 05.460, that no felony complaint will be filed in the matter.

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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