22 AAC 05.470. Punishment

(a) Only a disciplinary tribunal may impose punishment for an infraction. The disciplinary tribunal shall impose at least one, and may impose all, of the following penalties if the prisoner is found guilty of an infraction:

(1) reprimand;

(2) suspension of participation in activities described in, and except as limited in, (b) of this section for a period up to 20 days for a minor infraction, up to 40 days for a low-moderate infraction, up to 60 days for a high-moderate infraction, and up to 90 days for a major infraction;

(3) confinement in punitive segregation, confinement to quarters, or weekend or holiday lock-ups for periods not to exceed 20 days for a low-moderate, 40 days for a high-moderate, or 60 days for a major, infraction;

(4) restitution for the amount of property damage, theft, or, in the case of an injury, for the amount of medical care and related costs, or for costs incurred from a violation of 22 AAC 05.400(d) (19), including the placement of a hold on the prisoner's work compensation payments, withdrawal of money from the prisoner's account, or requiring the prisoner to work without benefit of compensation; and

(5) except as provided in 22 AAC 05.473, forfeiture of up to 90 days statutory good time for a low-moderate, up to 180 days statutory good time for a high-moderate and up to 365 days statutory good time for a major, infraction.

(b) Participation in the following activities is automatically suspended during the period the prisoner is placed in punitive segregation and may otherwise be suspended for the periods described in (a)(2) of this section, except that participation in the activities described in (1) - (4) of this subsection for a prisoner who is not in punitive segregation may be suspended for no more than 15 days unless the infraction is directly related to the particular activity:

(1) participation in education programs or group religious services;

(2) contact visiting;

(3) secure visitation other than with immediate family members (i.e., spouse, parents, children, or siblings);

(4) telephone calls except those to an attorney;

(5) use of radio, tape recorder, phonograph, television, or games;

(6) recreation, except for one hour of exercise per day;

(7) reading material, except for religious or legal matter, or educational materials if the prisoner is enrolled in a course;

(8) eating in a community dining area; and

(9) use of commissary.

(c) If justice requires, the penalties imposed under (a) of this section may be suspended for a period not to exceed one year contingent on the prisoner complying with reasonable conditions established by the disciplinary tribunal. If, during the period of suspension, the prisoner violates any of the conditions upon which the suspension was based, the disciplinary tribunal may, after a hearing, reimpose the penalties.

(d) If the prisoner is found guilty of committing more than one infraction arising out of a single transaction or occurrence, penalties imposed must run concurrently unless the disciplinary tribunal finds that separate and distinct correctional interests exist which clearly justify penalties running consecutively.

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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