22 AAC 05.620. Prisoner responsibilities for electronic monitoring services

(a) Except as provided in (b) and (h) of this section, the department will assess a prisoner who is designated to serve a term of imprisonment or period of temporary confinement, or a part of the term or period, by electronic monitoring a fee of $12 per day to pay the costs of the monitoring.

(b) A prisoner who believes that making full payment for electronic monitoring would cause undue hardship may request the prisoner's probation officer to make a determination of undue hardship. The prisoner, subject to the penalties for unsworn falsification under AS 11.56.210 , shall certify on a form provided by the department, that full payment would cause undue hardship and state what amount, if any, the prisoner can pay. The prisoner's probation officer shall determine in writing whether undue hardship exists and the amount the prisoner must pay, after considering the factors set out in (c) of this section. If requested to do so by the prisoner's probation officer, a prisoner shall submit copies of income tax records and other records needed to substantiate information provided by the prisoner and shall sign a release authorizing the department to obtain such records.

(c) The prisoner's probation officer shall make a determination that undue hardship exists if, after considering the prisoner's income, property owned, other assets, and outstanding obligations, the number and ages of the prisoner's dependents, and similar factors, the probation officer determines that the prisoner is unable financially to provide for the basic needs, including food, shelter, utilities, and health care, of the prisoner and the prisoner's dependents.

(d) A prisoner whom the department determines must make full payment to participate in electronic monitoring may request a determination of undue hardship from the prisoner's probation officer if the prisoner subsequently has a significant change in circumstances that affects the prisoner's ability to make full payment.

(e) If the prisoner pays less than full payment for electronic monitoring or requests a determination of undue hardship based on a significant change of circumstances, the prisoner shall report on a weekly basis to the prisoner's probation officer any significant changes in circumstances that occur in the prisoner's ability to make full or partial payment.

(f) A prisoner who disagrees with a probation officer's determination under (b) of this section as to undue hardship or the amount of payment may appeal the probation officer's determination to the deputy commissioner by submitting a written appeal through the prisoner's probation officer within five days of receipt of the determination. The notice of appeal must be submitted on a form provided with the determination, and must contain a statement of the reasons upon which the appeal is based. The deputy commissioner shall respond to the appeal within 15 working days of receipt. Failure of the deputy commissioner to respond within 15 working days must be considered a denial of the appeal. However, a late response granting an appeal is valid. The deputy commissioner's decision is the final administrative action.

(g) Except as provided in (h) of this section, a prisoner who is required to pay less than full payment for electronic monitoring shall pay the department the difference between the amount of full payment and the amount the prisoner was required to pay, if the department subsequently determines that full payment would not have caused undue hardship for the prisoner. The department will base its determination upon the discovery of

(1) additional information about the prisoner's financial circumstances;

(2) fraud, misrepresentation or other misconduct by a person who provided information relating to the initial determination of undue hardship; or

(3) a clerical or mathematical mistake arising from an oversight or omission by the department.

(h) The department will, in its discretion, require a prisoner on electronic monitoring to use an alcohol breath monitor as a component of electronic monitoring. Full payment for a prisoner who is required to use an alcohol breath monitor as a component of electronic monitoring is $14 per day.

(i) In this section, unless the context requires otherwise, "dependent" has the meaning set out at 26 U.S.C. 152 (Internal Revenue Code), revised as of February 25, 1999, and adopted by reference.

History: Eff. 4/2/99, Register 149

Authority: AS 33.30.065

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