22 AAC 05.095. Access to prisoner records

(a) Except as otherwise provided in this section, access to prisoner records is limited to personnel and agents of the department. A medical or individual case record containing prisoner information may not leave a facility, unless authorized by the commissioner or court order.

(b) In the absence of a state or federal law to the contrary, a prisoner or the prisoner's attorney must be granted access, upon request, to the prisoner's records in order to prepare for a classification, disciplinary, parole, revocation, or judicial hearing, or appeal from such a hearing, subject to (d) of this section.

(c) A request for access to records by a prisoner or the prisoner's attorney should be as specific as possible as to the material or record requested.

(d) Access to the following records may be denied:

(1) individual voting records of classification or disciplinary committees and of the parole board;

(2) identity of informants or information given in confidence;

(3) maps, diagrams, or photographs of the physical layout of the facility or descriptions of security procedures;

(4) presentence reports, if the court specifically finds that access by the prisoner will prove detrimental to the rehabilitation of the prisoner or the safety of the public;

(5) reports, memoranda, or other documents prepared specifically for transmittal to the Alaska Department of Law or an attorney retained by the State of Alaska in anticipation of or during the course of litigation, or otherwise treated as confidential under the attorney-client privilege;

(6) a document or report containing medical, psychiatric/psychological, parole/probation, or other investigations or evaluations concerning the prisoner which the deputy commissioner determines would, in all likelihood, lead to serious disruption of adjustment or rehabilitative progress of the prisoner, or which would endanger any person;

(7) any other record for which a determination is made by the deputy commissioner that disclosure would result in a substantial risk of reprisal, endanger the security of the facility, or disclose the department's position in litigation; and

(8) victim addresses or phone numbers contained in the case record, in accordance with (m) of this section.

(e) Denial of access to any of the records or documents described in (d) of this section does not affect the right to access to any other records concerning a prisoner.

(f) Written notice of denial of access to records under (d) of this section must be provided to the prisoner, and must indicate the material to which access was denied, and, upon request, briefly state the reason for denial.

(g) If a request to review a prisoner's records, as described in (b) of this section, is received at least three working days before a scheduled hearing, the prisoner must be given access to the authorized material at least 24 hours before the hearing.

(h) If a hearing described in (b) of this section is not scheduled, a prisoner may have access, upon request, to the prisoner's records once every 12 months.

(i) Examination of prisoner records must be supervised by a staff member. Reproduction of authorized documents will be allowed, if done at prisoner expense. If a prisoner is indigent, documents necessary for preparation of a scheduled hearing will be provided at no charge.

(j) A dispute regarding access to prisoner records must be addressed through the grievance procedures set out in 22 AAC 05.185.

(k) The deputy commissioner may approve access to prisoner records by individuals or agencies involved in research upon a showing that potential threats to confidentiality or individual privacy have been minimized by the use of methods calculated to reduce the risk of injury or embarrassment to an individual, and that such concerns are clearly outweighed by the benefit to the individual or agency to be derived from the research program.

( l ) A person who is no longer under the supervision or custody of the department may have access to his or her records, except those the deputy commissioner determines would result in substantial risk of reprisal or injury or would endanger the security of a facility. Any reproduction of documents must be done at the person's expense.

(m) The address, phone numbers, or other information that could disclose the whereabouts or location of a victim of a crime against a person may not be disclosed to a prisoner, the prisoner's attorney, or anyone outside the department other than those officials of the justice system with a specific need to know in connection with an active investigation or litigation, such as agents of the Department of Public Safety or the Department of Law.

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

Authority: AS 33.30.011

AS 33.30.021

AS 33.30.211

AS 44.28.030

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